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Glenn Zimmerman
Glenn Zimmerman,
Category: Landlord-Tenant
Satisfied Customers: 11
Experience:  Attorney at Law Office of Glenn D. Zimmerman
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How to compose a written answer to a complaint of Forcible

Customer Question

how to compose a written answer to a complaint of Forcible entry and Detainer/Forcible, to be submitted to the court today before the trial date. The court has given the opportunity respond with a written answer.I need help for the format in composing my written answer.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Glenn Zimmerman replied 10 months ago.

Please let me know what state you are in and why your landlord is evicting you. Is it for breach of lease or for nonpayment?

Customer: replied 10 months ago.
TX
Customer: replied 10 months ago.
For non-payment. But payment has been made.
Customer: replied 10 months ago.
do you need the first page of the court notice?
Expert:  Glenn Zimmerman replied 10 months ago.

That would be very helpful.

Customer: replied 10 months ago.
the page is attached
Expert:  Glenn Zimmerman replied 10 months ago.

This does not appear to apply, but I am going to give it to yo out of an abundance of caution:

IMPORTANT: If any of the court papers you received is called something like "Bond for Possession" or "Possession Bond pursuant to Rule 740" you have to demand a trial; otherwise the landlord can obtain possession of the premises without a hearing. You must demand the trial in writing within 6 days of receiving the court papers. Even if the J.P. court has already set up the hearing, you still should request one in writing. This will ensure that if you lose, you get five days after the hearing to move out or appeal. You can use the form answer we have provided to demand the trial. (Because many J.P. courts follow different procedures regarding possession bonds, you should contact an attorney to help you and also communicate with the court clerks to confirm how their court interprets the rule on possession bonds.)

This should be relevant to your situation:

Once you receive the eviction suit papers (also known as an eviction citation and petition), make sure you read them carefully. The eviction citation is signed by the court clerk and will tell you when you have to appear in court. You should call the court clerk and find out if this is your actual hearing date. It looks like yours is a actual hearing date. In some counties you can answer the case any time prior to the deadline in person, in writing or even over the phone, and then the court will give you a date for your hearing. You can use our answer form to file a written answer. In other areas, you are required to go to court on the specific date and time. In these cases it is not necessary to file a written answer.

The date and time by which you must answer the suit or appear for trial will be stated on the citation page of the eviction suit papers. Generally, you will have between six to ten days to answer the eviction suit after you receive the eviction papers. If you do not answer or appear by the deadline given in the eviction papers, the court will award a default judgment against you automatically.

If you want a jury trial, then you have to go to the justice court no later than three days before the hearing date. You should file a request for a jury trial in writing and pay a $22.00 jury fee.

If you cannot afford a lawyer, I suggest calling the Texas State Bar Association, or Legal Aid of North Texas.

Expert:  Glenn Zimmerman replied 10 months ago.

Please see the proposed offer. Thank You. Please Rate me after accepting offer.