Accepted Answer

You can show up but if the DA claims he wasn't served and you don't have proof of service the judge is going to delay the hearing. Actually, if you filed it on January 20, their time in which to file an answer hasn't passed so the hearing isn't "timely", but since it is set for Monday it is too late to handle it any way other than showing up and letting the judge reschedule. If you don't show up and haven't filed anything the judge may just dismiss it.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.

Expert:	JD 1992
Pos. Feedback:	98.8 %
Accepts:
Answered:	1/30/2009

Attorney

Active attorney since 1992