I have looked through it again and I am not sure. The title says it is a "Small Claim Citation" in the state of Texas, so I do not believe it is in family court. I do not see any cause of action listing, but she did write a long paragraph herself, is that what you are looking for? Another question, my name is XXXXX XXXXX the paperwork. My middle initial is incorrect, can I do something to delay or nullify the suit because of that? On the petition, it says "is justly indebted to the Plaintiff in the sum of 4135" (or half of the total bills). She says in the paragraph that I agreed to pay exactly half, but I don't see any of the buzz words you listed such as breach of contract or negligence. Also, about 2,000 of the 4135 is due to funeral expenses as she gave it a funeral.
Yes, Justice of the Peace is listed under the judge's name and the court information. She is listed as the plaintiff in multiple places but I do not think there is a lawyer listed anywhere. A notary is listed and signed and stamped the paperwork, might that also be her lawyer? She filed this petition on May 16. I believe that is the exact day that she showed up again, saying if I didn't repay her in thirty days she would take it to court. She got married in March, but her maiden name is XXXXX XXXXX everywhere even though she started all this paperwork after she was married, can I do anything about this? Due to the couple name discrepancies and some typos in her statement, I am assuming she filed all this herself.
Thanks for your information, that is very encouraging. I do have some more questions.
I have to file an answer by the end of next week. Can you give a few of the samples that you mentioned? Will they give me some options when I file an answer, such as "contest" or something like that, or do I just basically need to show up to acknowledge that I am being sued?
To dismiss the case, is there anything I can do to avoid a hearing due to the two reasons you mentioned? In other words, is it possible to dismiss this case as soon as possible or before the hearing? Or will we both have to actually appear in court to get a decision?
Can you give me some of the code numbers where you found this information for future reference? If possible, one each for...1) you have to state a cause of action 2) Texas family code says I do not have to pay stillbirth expenses 3) this has to be filed in District Family Court.
If this gets dismissed, can she file somewhere else or is that not possible? Is there anything I can do about the name discrepancies I mentioned? Her maiden name is XXXXXX XXX my middle initial on the petition is incorrect.
Can you give any more information on the matter of paternity? I have never given my DNA and also, I believe that she does not have DNA from the baby, or else she probably would have sued me a long time ago.
Can you give me a little more information on the countersuit matters? Are they legitimate? What court do I file them? Are they winnable? How much money should I ask for? Any other advice, such as your "cause of action" tidbit? I realize that slander and lible are pretty unlikely for me to win, but I feel that a harassment suit is very winnable, since I can find a police report of the incident and find some old threatening emails or phone messages. In reality, I probably would not take them all the way to court, but I am just thinking about threatening her with a countersuit to make her drop the suit against me.
Thank you so much for your help!
Thanks again, I believe I may have replied with the same questions again, but don't worry about that. Have a good weekend.
What court should I go to countersue? Is the cause of action just harassment? You said I can't get any damages in Justice Court for defaming, but can I still sue for harassment in the same Justice Court where she has sued me?
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