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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to file a "written answer" to a small claims citation.

Resolved Question:

I need to file a "written answer" to a small claims citation. someone sued me for vehicle damaged but i did not damage his car. There was an agreement for a parking space between us and him at begining, lots of people were there since he was yelling. i was standing in the parking space and trying to tell him we were there first, but i stepped back since he was keep driving toward to me. however, he called the police for someone keyed his car, i did not know when and how that happened at all. The police came and arrested someone else for possible damage his car at the end. Now, i received a citation that his demanding for $10K. not sure what should i put on this written answer to the citation.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me. If you are being sued in the Justice of the Peace Court (i.e. small claims), a following sample can help one write out an answer:

[caption] - TITLE AND PARTIES (just copy of their filing)

DEFENDANT'S ORIGINAL ANSWER (centered)

NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court:

PARTY IDENTIFICATION INFORMATION
1. The last three digits of the driver's license number of YOUR NAME are ...... The last three digits of the social security number for YOUR NAME are .....

FACTS

(your version of the events - short and concrete)

GENERAL DENIAL
Defendant denies each and every allegation of Plaintiff's Original Petition, and demands strict proof thereof as required by rules of evidence and procedure for the State of Texas.

PRAYER
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
Your Signature
Your name


(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Defendant's Original Answer was served to the opposing party.

Your Signature
Your name


It is that simple. Then, the Judge will hear the oral version of the arguments at the time of the hearing.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

 


This is the anwer that i can google it free

Expert:  Ely replied 1 year ago.
Kelly,

Hmm, okay. So, you mean you wanted an example of what someone in your situation would put into the FACTS paragraph?
Customer: replied 1 year ago.

" NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court " Do i only need to change YOUR NAME to my name and keep the rest ?

Expert:  Ely replied 1 year ago.
Kelly,

Please understand that bad ratings affect experts negatively. I provided a pretty good answer with a very good example of a response to the Texas Justice of the Peace Court that honestly, is not generic.

Your claim was that this answer was too generic. But, in your follow up, you are asking me if you only need to modify one little thing and keep the rest (which does not make sense, if in your eyes it is too generic)?

In other words, please REPLY and let me know what specifically you need here to make you satisfied.

Also, please consider re-rating positively (you may always REPLY after doing so), as a positive rating will "quash" the negative rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your positive rating, Kelly. It means a lot.

" NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court " Do i only need to change YOUR NAME to my name and keep the rest ?

Yes. However, you also need to fill in the FACTS part with your own version of what happened. Let me know if you need a sample of this, although this is relatively self-explanatory. This should not be more than 1-3 paragraphs.

The rest may be kept the same, and shall constitute a decent Answer.
Customer: replied 1 year ago.

Could you please provide me a simple for FACTS ? just making sure, so " NOW COMEDS defendant, xxxxx ... shows the Court" these words are stay same in my letter, right ?

Expert:  Ely replied 1 year ago.
I'd be happy to. However, I had to step away from the site for a moment. I can respond in under two hours, if this is acceptable, with a full FACTS paragraph example...?
Customer: replied 1 year ago.


okay, i will wait till you come back. aslo should i give last 4 digits of driver's lience since it is normally asked

Expert:  Ely replied 1 year ago.
Hello,

Normally, one does, if they have it. If not, State ID will be fine.

FACTS

1. Plaintiff and Defendant shared a parking space on the following schedule/agreement: ___________.
2. On ______, Plaintiff instigated and altercation wherein he premised that ___________.
3. Plaintiff physically threatened Defendant by _____.
4. The altercation was resolved by ____.
5. Plaintiff filed the suit against Defendant for damage to their vehicle.
6. Another individual was arrested for said act.
Customer: replied 1 year ago.

i mean on the form, it said last three digits. but i thought normally asks last 4 digits ?

Expert:  Ely replied 1 year ago.
Three is fine.
Customer: replied 1 year ago.

Plaintiff and Defendant shared a parking space on the following schedule/agreement: ____ what should i put here ? an address ?
2. On ___ ( date ?) Plaintiff instigated and altercation wherein he premised that ___________. ( not sure what does go here ) .

Expert:  Ely replied 1 year ago.
Hello,

Plaintiff and Defendant shared a parking space on the following schedule/agreement: ____ what should i put here ? an address ?

No, more like an explanation (and an address).

I cannot actually write the whole thing for you, because I do not know what/how/when you and them agreed on sharing the space. So the above is simply a guide that you can follow, it was meant to illustrate what the Court may want... just to give you an idea. You can modify/change it up as needed!

2. On ___ ( date ?) Plaintiff instigated and altercation wherein he premised that ___________. ( not sure what does go here ) .

premised = accused you of. In other words, he premised that you are in his spot, etc...
Customer: replied 1 year ago.


Understood #1, but for #2 : On ___ , I am still not sure what should i put after on ____ ?

Expert:  Ely replied 1 year ago.
Ah, apologies. Yes, this would be tfe date of the incident.

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