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RayAnswers, Lawyer
Category: Consumer Protection Law
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Experience:  30 years as Texas lawyer representing consumers
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In a small claims matter, the plaintiff lost and filed an

Customer Question

in a small claims matter, the plaintiff lost and filed an application for trial de novo. Should an answer or response be filed? What is a Notice of negative averment?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  RayAnswers replied 1 year ago.

You can respond here if you choose if the other side has not complied with the rules for such an appeal.Check to see it was timely and any issues you can locate.Doing so might keep them from getting the de novo hearing.

Here a negative averment is actually affirmative in substance and the party asserting negative averment carries the burden of proof. For example, “X is not old enough to enter into a contract really means that X is too young to enter into a contract. Here, the party alleging negative averment should prove the averment’s affirmative substance.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.