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How to compose a written answer to a complaint of Forcible…

Customer Question
how to compose a written...
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: 2 years ago.Category: Landlord-Tenant
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Answered in 16 minutes by:
1/26/2016
Lawyer: Glenn Zimmerman,
 replied 2 years ago
Glenn Zimmerman
Category: Landlord-Tenant
Satisfied Customers: 36
Experience: Attorney at Law Office of Glenn D. Zimmerman
Verified

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?

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Customer reply replied 2 years ago
TX
Customer reply replied 2 years ago
For non-payment. But payment has been made.
Customer reply replied 2 years ago
do you need the first page of the court notice?
Lawyer: Glenn Zimmerman,
 replied 2 years ago

That would be very helpful.

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Customer reply replied 2 years ago
the page is attached
Lawyer: Glenn Zimmerman,
 replied 2 years 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.

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Lawyer: Glenn Zimmerman,
 replied 2 years ago

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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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