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Ray
Ray, Lawyer
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What is the deadline for the non moving party to respond to

Resolved Question:

What is the deadline for the non moving party to respond to a motion. to dismiss for lack of jurisdiction in the state of Texas? Is there a certain time limit that must pass before the judge can sign off on the motion or does there have to be a hearing?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question tonight and letting me help you.Here are the particulars about such a motion to dismiss under the new Texas Rules of Civil Procedure.

RayAnswers :

  • Any motion to dismiss must be filed within 60 days of the first pleading containing the challenged cause of action and at least 21 days before the motion is heard;

  • The party opposing the motion may respond up to 7 days before any hearing on the motion or may amend its pleadings or take a nonsuit up to 3 days before any hearing;

  • The trial court must grant or deny the motion within 45 days of its filing, but may not rule on a claim that is timely nonsuited.

RayAnswers :

This is Texas Rule of Civil Procedure 91a, which (1) establishes procedures for dismissal of civil claims, and (2) provides for the mandatory award of attorneys’ fees to the prevailing party.

RayAnswers :

So you can respond here any time up to 7days before the scheduled hearing date.

RayAnswers :

All the rules of procedure for your reference and use.

RayAnswers :

Thanks for letting me help you.Let me know if you have more it is not a problem.

Customer:

Reading that statute, it seems to be for baseless claims that are filed initially that you have 60 days to file the motion to dismiss

Customer:

Is there anywhere that it is a guaranteed right to a hearing before a claim is dismissed?

RayAnswers :

You are correct here.If they were not timely in such a motion under this rule you can add that to your response here.

Customer:

But the claim would not be baseless as evidenced by the fact that the Justice of the peace ruled against me

Customer:

is that the only rule that deals with motions to dismiss

RayAnswers :

You can argue here in your response that the motion should be denied..

RayAnswers :

Here are the rules on such motions..

Customer:

That seems to be for baseless causes of action, is there any other rules you can find that guarantees me the right to a trial before the motion to dismiss is signed? I am worried that I am not going to be able to file me response in time and the judge is just going to sign off on it because I have not responed yet.

RayAnswers :

Overall you would want to get your response in here as soon as you can in order to put these matters in dispute.

RayAnswers :

You can respond here to their motion arguing that the bond was properly set and as I recall you were going to also alternatively argue that the bond as it is is also excessive.

RayAnswers :

Remember if you file a response and time permits you can then amend it if necessary.

RayAnswers :

They may have filed a motion to dismiss here under different grounds than the 91a in that situation you would need to respond to it as soon as possible here to put it all in dispute.

Customer:

Can I file a general motion for continuance to confer with opposing counsel and for more time to repspond

Customer:

I plan on showing opposing counsel the recent supreme court case stating that their motion has no basis in law and if they do not withdraw it i a going to file for sanctions for not using reasonable inquiry before signing a pleading

RayAnswers :

That is a reasonable response to your situation here.

RayAnswers :

If they do not withdraw it then you can file a response here and then your motion for sanctions as well.

RayAnswers :

You might get them to withdraw it here.

RayAnswers :

It is worth a shot.

RayAnswers :

I appreciate the chance to chat with you and help tonight.

Customer:

I am worried that if they do withdraw it I won't be given the opportunity to present the motion to reduce the bond amount

RayAnswers :

You can certainly ask the court for leave to file your motion.

RayAnswers :

The court has discretion to grant you such time to do so.

RayAnswers :

You seem to have a really good understanding of what you need to do.

Customer:

can I present that to the judge at the County court level, or since i have already been denied on the affidavit of inability to pay must i go to the appealate court to get relief for the improper bond abount

RayAnswers :

You can always try to file your motion and see if the court grants it or over rules and then appeal if necessary.You don't have much to loose by trying at the trial level to get it lowered.I know that it is a hardship on you here financially.

RayAnswers :

It would not hurt to try and raise it again on the county judge level.

RayAnswers :

County judge might see it differently.

Customer:

You are a member of the state bar of texas correct/

Customer:

?

RayAnswers :

Yes I am a Texas lawyer.

Customer:

What part of Texas are you in and do you ever accept work as a legal coach to go over pro se litigant's filings and legal theories without actually taking the case on

RayAnswers :

I am not allowed to accept clients here off site under the JA terms of service.I am in the central Texas area.

RayAnswers :

I can only answer your questions and give you information here.Thanks for asking.

RayAnswers :

Good luck here with this.

RayAnswers :

I am glad I could chat with you tonight.

Customer:

As you can see, I am hopefully knowledgeable enough to get the case successfully thrown out but am worried about procedure technicalities

Customer:

What do you think is an appropriate hourly rate for a situation as I described?

RayAnswers :

I think you have some good ideas.A lawyer in Texas woudl charge you hourly maybe $75-$100 an hour here.

RayAnswers :

Overall you may do better in county court.I hope so here.

Customer:

Thanks for your help Ray

Ray, Lawyer
Category: Legal
Satisfied Customers: 29669
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ray,

I asked you a couple of questions earlier about the appeal bond in Texas problem I am having. Luckily I got my Response and Motion to Reduce bond amount in on time because otherwise he had already signed their motion and when he got mine in he set a trial for 8/12. I have a few quick questions.


 


1. My argument for them not including attorney fees in the appeal bond is that there is recent Supreme Court precedent saying they are not included. She wrote me back that that case does not apply in JP cases, only district and county court. Am I crazy or doesn't the supreme court precedent overrule all other courts in Texas. She did not withdraw the motion after I showed her this. Is this just her messing me to see what I do and if it flies?


 


2. My understanding is that TX codes are what the legislature writes down as law ie. Business Code, Environmental Code etc.


 


I filed for a reduction in bond amount base on TX Civil practice and Remedies code 52.006. Is the code not the law? By setting the bond amount in an amount contrary to 52.006 would he not be ruling against what the law is?


 


thanks for your help.

Expert:  Ray replied 1 year ago.

1. My argument for them not including attorney fees in the appeal bond is that there is recent Supreme Court precedent saying they are not included. She wrote me back that that case does not apply in JP cases, only district and county court. Am I crazy or doesn't the supreme court precedent overrule all other courts in Texas. She did not withdraw the motion after I showed her this. Is this just her messing me to see what I do and if it flies?


 

All I can tell you on this is that it has not yet been applied to your level of appeal.The case you referenced applied to a higher level of appeal but it does not necessarily mean a county court judge cannot apply it to your case.It just hasn't been litigated on that level because honestly there are few appeals on this issue so you can argue it both ways.It is very possible the county court judge agrees with you--it really could go either way.It is sure worth raising here thats for sure.

 

2. My understanding is that TX codes are what the legislature writes down as law ie. Business Code, Environmental Code etc.

 

 

They are law , the court reviews not only the laws legislature passes but how they apply to a particular case and set of facts.Here this hasn't been determined yet but you are free to argue that it should apply to your case.Emphasizing financial hardship overall is a good idea because that is real and remember a county judge is an elected official always under the public light, you might get some sympathy here.

 

I am glad you got your documents in on time, you can now go argue here and hopefully you find a more sympathetic judge on this level.I think you have a good chance overall.I wish you the best here.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29669
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
Thanks for your recent legal question.If you have more in the future please post them for Ray and I will be glad to help.Thanks again.
Customer: replied 1 year ago.


Hi Ray,


 


So I have filed a response to their motion to dismiss and my own motion for a reduction in the appeal bond amount. I spoke with the court coordinator almost 2 weeks ago and she said that I could appear telephonically as long as the other side agrees to it. They did, and now the coordinator has been out for a week and the trial is next Monday. When I spoke with the lady filling in for her, she told me that the judge would not allow a telephone appearance for a dismissal trial. I told her that is not what the court coordinator told me and now if I have to fly down there, tickets are almost $800 from Pittsburgh. This is going to cause my family even more financial harm. I thought that there was somewhere in the TX CPRC where it says that if you are more than 150 miles from the courthouse , they are required to let you appear by telephone? Do you know if any way I can get the judge to let me appear by telephone instead of putting my family through further financial hardship? Thanks.

Expert:  Ray replied 1 year ago.
What county here is this going to be heard so I can research the local rules..
Customer: replied 1 year ago.

Denton county

Expert:  Ray replied 1 year ago.
Thanks for the information here.If you look at local rule 1.11 4 it talks about telephonic hearings.You may want to fax a quick motion here to the court for telphoonic hearing stating the coordinator indicated the court was in agreement to grant such a request under this rule and so advised you.Also reference the rule that you releid on the rule above that where it tlaks about the coordinator scheduling all the hearings.Also set out your good cause here --that since the coordinator advised you it would be granted that air fare represents an extreme hardship.

You may also want to include an alternate paragraph here that states additionally without waiving the foregoing motion you are asking for a continuance to allow you make travel plans and attend the hearing in person.

A motion here and an order granting your request for telephonic hearing can be faxed to the court, that way it looks like you have request in writing here.

I appreciate the chance to assist you today.

Here is more reference.

Local Rules - Denton County


http://dentoncounty.com/dept/main.asp?Dept=27&Link=879
Expert:  Ray replied 1 year ago.

This might give you some format ideas for your motion.You would want to modify it and add in the local rules that authorize such an appearance.I wish you the best here.

Defendant's request to appear telephonically 05-10-10 - Cubadebate

 

As you can imagine there are not pre made forms for something like this you will have to be creative since you are pro se.

Customer: replied 1 year ago.

As far as bringing up rule 1.11 4, it says motions that don't require a court reporter. Wouldn't a motion to dismiss require a court reporter for the proceedings?

Expert:  Ray replied 1 year ago.
It comes down here to whether this is an evidentiary hearing with new witnesses.If it is then it may require in person appearance.I wish I could tell you otherwise.But certainly you can at least fax in a motion here because if you include that you are seeking a continuance you should at leat get that and then be able to reschedule and make cheaper travel plans.

Anything like this needs to be a written motion and you need the court to rule on it.The coordinator really mis spoke.They aren't the judge an donly the judge here can grant this.

Thats why including such a request ehre is critical so at least you get a continuance out of it if not appearing by telephone.

I wish you good luck here
Customer: replied 1 year ago.


Hi Ray,


 


Thanks for your help with this. I called the court coordinator who was back from vacation today and she spoke with the judge and he granted me the appearance by telephone. She also told me that he said that future hearings I would have to appear in person. I am hoping this means he read my response and realizes that their motion to dismiss is frivilous and will deny it. She also got into the trial my motion to decrease the bond amount because it is contrary to law so that will be argued as well. Hoepfully things are taking a turn for the better.


 


My question is what kind of advice can you give me for this trial. What should I send to the judge if anything and is there any tips that you can give me from your experience. I am hoping that if I can get their motion to dismiss defeated and the appeal bond reduced to zero they will be much more likely to settle the case since they don't ahve any security now for the judgement. Thanks so much for your help.


 


 

Expert:  Ray replied 1 year ago.

You would want to summarize your pleadings going down the points raised in them.It is a good idea to reference them to your pleadings stating in my response to their motion to dismiss I set out ....Alternatively I also raised the issue of in paragraph 3 or whatever. Take your response and motion and highlight the points from start to finish and practice a bit.On a Response you should not have more than five minutes or so of response.Same for your motion here, go down the points from start to finish reference that my motion in paragraph one sets out that....Alternatively in paragraph 2 I also raised the issue of...


This allows you to track the same points and summarize them to the court.Occasionally the judge stops you and asks question.Take your time and respond and then get back on track.Just don't let a question throw you off you point by point summary fo your pleading.Mark where you stopped on your notes.

And honestly don't get too uptight on argument likely the judge has already made up his mind based on the pleadings.If the judge has read your pleadings he already has at least a leaning on how to rule.

For what it's worth I think it is likely that he splits this--over rules their motion to dismiss, doesn't agree to reduce the bond.Thats my thoughts based on what you have presented.That gives everybody something a sort of split decision.Neither side may like it all or hate it all, but splits like that are common.

Remember to address the judge as your honor and answer no your honor or yes your honor.

I consider the fact you got oral argument to also be a victory for you as far as travel costs, thats a great start here, hey Texas is 106 or so today, its really hot...


Thanks for letting me follow up with you today.I wish you the best.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29669
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ray,


 


I had my trial today and the judge ruled against me. My question is I showed him the Supreme Court Writ of Mandamus saying that attorney's fees are not to be included in the appeal bond amount. He still ruled against me.


 


How can a county court judge rule against already established Texas Supreme Court precedent?

Expert:  Ray replied 1 year ago.
Sometimes it comes down to politics here.You might have reat grounds for an appeal in such a situation,But I see it all the time where the other side's lawyer buye more re election bar beque tickets or is a big donor.They realize that abude of discretion is hard to prove sometimes.I just hope you are able to keep fighting.I am so sorry that the judge walked around the law but unfortunatey sometimes they do.

That was one of the hardest lessons I had to learn as a lawyer.I think it's wrong but it does happen.If you can afford to keep fighting you hope for a fairer judge at a higher level.I know that this is so frustrating for you and your situation.
Customer: replied 1 year ago.

Where can I find if the other party has contributed to this judges political campaign. Now I am in a situation where I need to go to the Ft. Worth Court of appeals to get a just trial. Do I file a findings of fact and conclusions of law with the County court? Do I file for a Writ a Mandamus with the Ft. Worth court of appeals. What is the next step?

Expert:  Ray replied 1 year ago.
Here are the rules for you in left hand corner click on them.

http://www.2ndcoa.courts.state.tx.us/


This would be an appeal of an interlocutory order if you want to do this now rather than appeal after a completed final decision.

Sec. 51.014. APPEAL FROM INTERLOCUTORY ORDER. (a) A person may appeal from an interlocutory order of a district court, county court at law, or county court that:

(1) appoints a receiver or trustee;

(2) overrules a motion to vacate an order that appoints a receiver or trustee;

(3) certifies or refuses to certify a class in a suit brought under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants or overrules a motion to dissolve a temporary injunction as provided by Chapter 65;

(5) denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based in whole or in part upon a claim against or defense by a member of the electronic or print media, acting in such capacity, or a person whose communication appears in or is published by the electronic or print media, arising under the free speech or free press clause of the First Amendment to the United States Constitution, or Article I, Section 8, of the Texas Constitution, or Chapter 73;

(7) grants or denies the special appearance of a defendant under Rule 120a, Texas Rules of Civil Procedure, except in a suit brought under the Family Code;

(8) grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001;

(9) denies all or part of the relief sought by a motion under Section 74.351(b), except that an appeal may not be taken from an order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section 74.351(l); or

(11) denies a motion to dismiss filed under Section 90.007.

(b) An interlocutory appeal under Subsection (a), other than an appeal under Subsection (a)(4), stays the commencement of a trial in the trial court pending resolution of the appeal. An interlocutory appeal under Subsection (a)(3), (5), or (8) also stays all other proceedings in the trial court pending resolution of that appeal.

(c) A denial of a motion for summary judgment, special appearance, or plea to the jurisdiction described by Subsection (a)(5), (7), or (8) is not subject to the automatic stay under Subsection (b) unless the motion, special appearance, or plea to the jurisdiction is filed and requested for submission or hearing before the trial court not later than the later of:

(1) a date set by the trial court in a scheduling order entered under the Texas Rules of Civil Procedure; or

(2) the 180th day after the date the defendant files:

(A) the original answer;

(B) the first other responsive pleading to the plaintiff's petition; or

(C) if the plaintiff files an amended pleading that alleges a new cause of action against the defendant and the defendant is able to raise a defense to the new cause of action under Subsection (a)(5), (7), or (8), the responsive pleading that raises that defense.

(d) On a party's motion or on its own initiative, a trial court in a civil action may, by written order, permit an appeal from an order that is not otherwise appealable if:

(1) the order to be appealed involves a controlling question of law as to which there is a substantial ground for difference of opinion; and

(2) an immediate appeal from the order may materially advance the ultimate termination of the litigation.

(d-1) Subsection (d) does not apply to an action brought uout specific instructions to perfect it to make sure nder the Family Code.

(e) An appeal under Subsection (d) does not stay proceedings in the trial court unless:

(1) the parties agree to a stay; or

(2) the trial or appellate court orders a stay of the proceedings pending appeal.

(f) An appellate court may accept an appeal permitted by Subsection (d) if the appealing party, not later than the 15th day after the date the trial court signs the order to be appealed, files in the court of appeals having appellate jurisdiction over the action an application for interlocutory appeal explaining why an appeal is warranted under Subsection (d). If the court of appeals accepts the appeal, the appeal is governed by the procedures in the Texas Rules of Appellate Procedure for pursuing an accelerated appeal. The date the court of appeals enters the order accepting the appeal starts the time applicable to filing the notice of appeal.


You would contact the second court of appeals about it to make sure you comply with the rules here.
Expert:  Ray replied 1 year ago.
Location/Contact By Mail
    • Tim Curry Criminal Justice Center
      401 West Belknap, Suite 9000
      Fort Worth, Texas 76196



Contact By Telephone
  • Telephone: (817)(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/li>
Hours of Operation
  • Monday - Friday (8:00 a.m. - 5:00 p.m.)
Contact Personnel





Good luck here with the appeal.Thanks for letting me help you ..

Customer: replied 1 year ago.

And do you know of anyplace where I can find out who has contributed to the Judges political campaigns?

Expert:  Ray replied 1 year ago.
Yes you can find that out here..Texas Ethics Commision..


http://www.ethics.state.tx.us/guides/JCOH_guide.htm

TEXAS ETHICS COMMISSION

Physical Address: Mailing Address:

201 East 14th St., 10th Floor
Austin, TX 78701

P. O. Box 12070
Austin, TXNNN-NN-NNNN/p>

(NNN) NNN-NNNNbr/> TDD 1-800-735-2989

Legal, Administrative, Executive Division FAX:(NNN) NNN-NNNN/p>

Disclosure Filing FAX:(NNN) NNN-NNNN/p>

http://www.ethics.state.tx.us

Office Hours: 8:00 a.m. to 5:00 p.m.
Monday through Friday


STAFF
David A. Reisman, Executive Director
Natalia Luna Ashley, Special Counsel
Tim Sorrells, General Counsel & Director of Enforcement Division
Becky Levy, Director of Disclosure Filing
Jessie Haug, Director of Computer Services
Michael McElhaney, CFO/Director of Administration
Thanks again.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29669
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your help so far with this Ray. After doing some research into the Appellate procedure steps, it looks like this is the order of things that need filed. Today he dismissed the case for Want of Jurisdiction due to the appeal bond. Does this mean that it is a completed final decision in his court? Should I file for the Interlocutory Appeal first or is it too late since he has ruled the trial over?


 


 


If the trial is over and FT. Worth is the next step, are these the correct steps for appealing his decision?


 


1. File a Motion for New Trial


2. Motion to Modify Judgment


3. Request a Findings of Fact and Conclusions of Law


 


Then the notice of appeal?

Expert:  Ray replied 1 year ago.
Thanks for the follow up.If he dismissed the appeal that would be a final decision.

Steps for perfecting appeal.

http://www.texasappellatelawblog.com/2008/10/articles/appellate-advocacy/what-is-required-to-perfect-appeal/


Filing a motion for new trial ia optional but it gives you more time here..

Here In a civil case such as yours, the 30 days begins when the judgment is signed, not when the decision is announced in court. These rules are important. Failure to file the notice of appeal within the thirty days will end the right to appeal.


The moving party also has the option to simultaneously file a motion for new trial, in which case the deadline for filing a notice of appeal is extended, and the moving party will have 90 days in both civil appeals from the date the judgment is imposed by the trial court to file a notice of appeal. (See Texas Rule of Appellate Procedure 26.2.)

In addition to the notice of appeal, a moving party is able to file concurrently a motion for new trial. A motion for new trial is a useful device that allows the losing party to present a point of error with respect to facts that are not in the record, for example evidence of juror misconduct. (See Texas Rule of Appellate Procedure 21.3).

 

A motion for new trial does not affect the jurisdiction of the trial court, allowing the court to rule on the case notwithstanding the motion. The deadline for filing the motion for new trial is 30 days from the date the court imposes or suspends sentence in open court (See Rule 21.4) and can be amended any time during the 30-day period, which may be necessary if new evidence is revealed.



So while a motion for new trial is not mandatory it does exetend the time under the rules above so it is a good idea.New trial motions being granted are rare--hey this is the same judge that already ruled against you but it does help you time wise.

Thanks for the follow up here.Good luck with Motion and then your appeal..
Customer: replied 1 year ago.

So if i am understanding you right, an interlocutory appeal is off the table now right?


 


 


What about the findings of fact and conclusions of law. He must provide that in this case right.


 


 


Also now that I am going to have to file another appeal bond probably, does that mean that the other side can challenge my appeal bond amount again? This judge has already ruled against the law, what is to stop him from doing it again?


 


 


 


Also the date that the filing deadlines starts running is today and not January 8th when the JP signed the original judgement, right?

Expert:  Ray replied 1 year ago.

So if i am understanding you right, an interlocutory appeal is off the table now right?

 

Yes that is correct since it appears that there was a final decision/order dismissing it.

 

What about the findings of fact and conclusions of law. He must provide that in this case right.

 

Yes the court should provide these.

 

Also now that I am going to have to file another appeal bond probably, does that mean that the other side can challenge my appeal bond amount again? This judge has already ruled against the law, what is to stop him from doing it again?

 

Judge would likely raise the amount of the bond as per the ruling here.

 

Thanks..

Customer: replied 1 year ago.

Also the deadline dates for filings starts today right, not January 8th when the judgement was signed, right?

 

 

And if he does raise the appeal bond amount to an amount in excessive of statute, does that mean that i need to file for an interlocutory appeal on the bond amount as well?

 

 

 

Also is a Writ of Mandamus still and option or is that out as well?

 

 

 

Expert:  Ray replied 1 year ago.
The deadline starts the day he dismissed your appeal here --dat he signed the latest order.So 30 days from that date.Make sure you get going on this time period is pretty fast.The motion for new trial extends the deadline and helps you in that regard.

Good luck here with all, and thanks for letting me help you.
Customer: replied 1 year ago.

So if i decide that i am just going to take my lumps and pay the judgement, what is the process for that?


 


 


I already had $2,400 at the JP court in an appeal bond, and the judgement was for $3,800. I can come up with the other $1,400 if necessary. Will the judgement amount increase from the trial today from further attorney fees on their side or will it stay at the $3,800? If they add more attorney fees how is that determined, by another hearing?


 


 


Also if i immediately pay the judgement, does it stay off of my credit report and not effect my credit? Thanks


 


 

Expert:  Ray replied 1 year ago.

Thanks for the follow up.

Unless the lawyer seeks more lawyer fees you only owe the amount of the judgment.You would contact the other lawyer and see if they will discount it a bit for a cash payout or at least not add any more legal fees..And then you want a signed written release from the lawyer when you pay it off.And you may well avoid this off your credit if you get a filed release or it at least shows as a paid and released debt.

 

Good luck here with resolving this if you decide to pay.

Expert:  Ray replied 1 year ago.
Customer: replied 1 year ago.

Would they have to have a separate hearing if they were to seek more attorneys fees? If not can they just tell the judge how much they want in addition to the fees from the JP trial?


.


It is worse for me to have the judgement on my credit report and professional record than it is for me to pay the $4,000.


 


Is there anyway to make sure that this judgment does not show on my credit report or professional record as long as I pay them?

Expert:  Ray replied 1 year ago.
notWould they have to have a separate hearing if they were to seek more attorneys fees? If not can they just tell the judge how much they want in addition to the fees from the JP trial?

Yes it would take another motion, notice, and hearing..


It is worse for me to have the judgement on my credit report and professional record than it is for me to pay the $4,000.


Well the judgment draws interest.If you are out of state they will eventually file to enforce it there.They would also levy on your bank accounts or other means of collections.This is a relatively small amount.If your credit is clean other than this then you may want to consider paying it off and cutting your losses.Thats a judgment call here and it is based on your finances here.

 

Is there anyway to make sure that this judgment does not show on my credit report or professional record as long as I pay them?

 

Well once it is paid and a release filed it really should not have alot

of bearing on your credit.You paid the debt and the release here would get filed.And if the release gets filed it might not get filed.

I wish you the best whatever you decide here.
Customer: replied 1 year ago.

The order granting plaintiff's motion to dismiss stated at the end, " IT IS FURTHER ORDERED that all costs associated with this appeal shall be taxed to the defendant."


 


By putting that in there, does that give them the ability to not have to have a hearing on any further attorney fees?


 


 


They said nothing in the trial regarding attorney fees and what they were going to charge. Can they just send me a bill or add it on top of the already $4,000 judgement or will they need a new trial?


 


 


 


I have 30 days to decide if I am going to appeal or not so I would like to see if they are going to tack on more attorney fees before I decide to just pay them or not.

Expert:  Ray replied 1 year ago.

The order granting plaintiff's motion to dismiss stated at the end, " IT IS FURTHER ORDERED that all costs associated with this appeal shall be taxed to the defendant."

 

 

 

By putting that in there, does that give them the ability to not have to have a hearing on any further attorney fees?

 

They only got costs here, they would have to file to seek lawyer fees separately since it was not in the order from what you present.They can't just send you a bill they would have to motion here, serve you, set hearing , get a judgment for them.

 

 

Why not contact the lawyer on the other side and tell them you are considering settling and would they be willing to offer a discount or at least not pursue additional fees, see what they offer or not and then decide.But do it quickly so you have time if necessary.

 

 

Thanks again for letting me help.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29669
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks so much for your help Ray. I wish this would have went better but you have been great. I will let you know what happens.


 


Thanks

Customer: replied 1 year ago.


Sorry Ray have another questions for you.


 


I wrote their counsel about how much I owe them and if the judement was paid if they would take it off of my credit report.


 


Here is what she wrote back.


 


Mr. ____


 


We will not know the specific amount that remains owed on your JP court judgement until your appeal bond is released. Most courts generally take some amount out of the funds that are being held for administrative costs. However, I do not know if this JP court will do that , and if so, for how much. It will probably take some time for the case to be transferred back to the JP court for handling.


 


Once your bond is released, I can have Tia in our office foillow up with you on the specific amount that remains owed. At that time, we can enter into a settlement agreement and a request by our client to remove any negative credit reporting.


 


 


Thanks.


 


 


________________________________________________________


My concern is that the court is going to wait until after the deadline has passed for the appeal and request for Findings of Fact and conclusions of law before sending it to the lower court. Am I correct in this assumption?


 


 


 


Also, there is a news story coming out in the next week or so about this scheme that the Apartment complex is using to defraud people, and the fact that the judge that rules on their case has been given significant donations by them and the TAA and these are the only donors to her campaign. They are going to know I had something to do with it.


 


My understanding is that is is up to them to remove it from my credit report and public record. If I have a story put out that they are paying off judges for favorable verdicts, I can't imagine they are going to want to work with me on anything. Should I wait to see how long it takes for them to send the bond back or do they have to wait until the timeline for appeal is expired?

Expert:  Ray replied 1 year ago.
Thanks for your question and for your patience.

Your best option might be to file a motion for new trial here.It extends the appeal time, it doesn't have to be all that detailed.It likely gets denied but would get you most time.You are correct that they will not resolve this until after your appeal time runs so it is in your interest to protect your rights and then decide when to resolve.And they would have to remove any negative here by a filed written release if you settle later on.Remember it is up to you to make sure your appeal rights are preserved if you want to cover your bases here.
Customer: replied 1 year ago.

My concern with a motion for new trial is that he would actually grant it and make me fly down there costing me money i do not have. You saw the outcome from the telephonic case. As you said, somebody probably bought more tickets to his re election banquet. I a thinking the next step is a Request for findings of Fact and Conclusions of Law since it also extends the deadline.

 

Is a motion for new trial required before appeal?

 

 

 

 

Also going back to the big donor thing, do you think that the Ft. Worth court of appeals will be the same result? Frankly Ray I am not having to much faith in the Texas courts actually applying the law, especially in cases where it involves "big donors". My only thought is that 7 judges can't all have the same big donor to appease and they will probably be swimming in a bigger pond than the " big donor" swims in.

 

Do you think I have a better shot there?

Expert:  Ray replied 1 year ago.

Is a motion for new trial required before appeal?

No but it would extend the time you have to appeal while preserving your rights here.

I do think you have a shot here on appeal.It's different forum and maybe a different outcome.If you want to keep options open a motion for new trial and then either resolve it or appeal.But the time runs here so keeping options open is the safe play until you can resolve.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29669
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ray,


 


I am going to more than likely file for the motion for new trial to at least extend the deadline. Two questions:


 


1. Since this case was dismissed for Want of Jurisdiction by the County Court, can I file for a Findings of Fact and Conclusions of Law or did there actually have to be a trial on something other that the dismissal to request that?


 


2. She is saying that they only thing they are waiting for is the amount for the JP court to possibly take out of the original bond amount for administrative costs. Can they possibly get any more money than the original judgment ie. ( Attorney Fee's, Paralegal Fees, etc.) or is the most she can get is the judgment? I am worried she will try to get more money from me from this JP Judge for the costs of her going to county court.

Expert:  Ray replied 1 year ago.

1. Since this case was dismissed for Want of Jurisdiction by the County Court, can I file for a Findings of Fact and Conclusions of Law or did there actually have to be a trial on something other that the dismissal to request that?

 

Here since it was a dismissal for want of jurisdiction the orders themselves should be for the sufficient for the court to review it without findings as you suggest.The higher court reviews the decision and order of the lower court.Since there was no actual trial on merits the order here should be sufficient to review the matter.

 

2. She is saying that they only thing they are waiting for is the amount for the JP court to possibly take out of the original bond amount for administrative costs. Can they possibly get any more money than the original judgment ie. ( Attorney Fee's, Paralegal Fees, etc.) or is the most she can get is the judgment? I am worried she will try to get more money from me from this JP Judge for the costs of her going to county court.

 

They would have to file a new motion here for lawyer fees if they want anything added to judgment and give you notice and have a hearing on it.

 

Thanks for your patience and good luck here with all.

Customer: replied 1 year ago.

But can they file motions after it has been remanded to the lower court? The oder the judge signed said defendant is to be taxed for all costs for the appeal. I want to just pay it and be left alone but don't want to have to worry about another trial and owing more money.

Expert:  Ray replied 1 year ago.
I understand here.You can write the lawyer here indicating you wish to settle and are asking that no additional legal fees be incurred.Once the amount of the judgment is reached you are willing to pay the amount and obtain a release of judgment and removal from your credit report.

You could also offer to pay the entire judgment here with lawyer agreeing to refund the amount you are credited from the bond or something to that effect.That might allow you to resolve this now.Thats worth exploring.You can do this in writitng here or simply call the lawyer and try to resolve it in that manner and then confirm it in writing.There is no harm in talking to the lawyer involved to see if this cannot be resolved now.That way you are done with any motions, etc.and you get it iff your record.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29669
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you

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