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Question

we were served lawsuit papers 10/8 and we were supposed to respond to the papers today by 10am had have not done so. we thought it was tomorrow....what are our options?

Submitted: 20 days and 8 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Texas

Already Tried:
nothing

Posted by CTLawyer 20 days and 8 hours ago.

Answer

Thank you for your question.

 

The plaintiff can move to have you defaulted at any point after you have failed to respond. If you respond before the default is issued, you are safe. Therefore you should respond as soon as possible. If you get defaulted, you can file a motion to open and file your response. These are usually granted where the failure to respond to the lawsuit timely was not intentional.

 

 

20 days and 8 hours ago.

Reply

so if we reply today or tomorrow we should be ok as long as they have not filed a default?

Posted by CTLawyer 20 days and 8 hours ago.

Answer

Yes. And if they do file a default motion after you have responded, you can file an objection the motion indicating the date you filed your response.

 

 

20 days and 8 hours ago.

Reply

ok thank you....we can file a motion denial if we feel that what we are being sued for is false...correct?

Posted by CTLawyer 20 days and 8 hours ago.

Answer

Yes, you can deny the allegations in your answer.

 

 

20 days and 8 hours ago.

Reply

ok ....are there any other options that you would recommend if we feel that what we are being sued for is false or parts of it is false?

Posted by CTLawyer 20 days and 8 hours ago.

Answer

If the litigation is malicious and baseless, you can sue the plaintiff after the conclusion of the lawsuit (as long as it is dismissed in your favor) for malicious prosecution. If the statement was made knowing of its falsity, you can ask for sanctions to be imposed.

 

 

20 days and 8 hours ago.

Reply

ok thanks!....we will just do a motion for denial and submit it tomorrow.....

Posted by CTLawyer 20 days and 7 hours ago.

Info Request

Best of luck to you.

 

 

20 days and 7 hours ago.

Reply

if we have any other questions can we specifically ask for you?

Accepted Answer

Yes you can.

 

Please remember to accept so I can be credited for my time.

 

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Expert: CTLawyer
Pos. Feedback: 99.2 %
Accepts: 
Answered: 11/2/2009

Lawyer

Experienced in the practice of law

20 days and 7 hours ago.

Reply

oh ok....i will accept!!....thanks!

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