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Was served Plaintiff's Original Petition for Specific

Customer Question
Was served Plaintiff's Original...

Was served Plaintiff's Original Petition for Specific Response and don't know what to do. Was told to file a general denial, which would give me time to find a lawyer. Is that what I should do:?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

I haven't filed anything yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The contract that is with the petition shows a dollar amount and that was blank when signed and the contract also says one name but signed by another name.

Submitted: 3 months ago.Category: Legal
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Answered in 17 minutes by:
1/3/2018
Lawyer: Thomas Swartz, Attorney replied 3 months ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,238
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Hello JACUSTOMER,

Filing a general denial to a complaint or petition forces the other side to prove each and every allegation made in that complaint or petition. So, yes it is generally a good idea to file a general denial since you admit nothing and you force the other side to prove every allegation. It also appears that you have some defenses to this contract in that a dollar amount was subsequently added to the contract. If this in fact occurred, no contract was ever entered into because consideration is one of the main elements establishing the existence of an agreement between the parties, and if the price was subsequently added it means an agreement was never reached. There is also the possible defense that the person who signed did not have the authority to sign since the contract is in one name but signed by another. So, in additional to your general denial, you could add the affirmative defenses that no contract was entered into because of lack of consideration at the time of signing, and the contract was not signed by the proper person.

Thomas

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Customer reply replied 3 months ago
Can I file the general denial? And if so, is there a form I can use?
Lawyer: Thomas Swartz, Attorney replied 3 months ago

Yes you can file a general denial. You can find a sample of a General Denial Here: Defendant's Original Answer. You would only use the first paragraph entitled General Denial.

Thomas

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Customer reply replied 3 months ago
Thank you,
Lawyer: Thomas Swartz, Attorney replied 3 months ago

You are welcome.

Thomas

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Thomas Swartz
Thomas Swartz
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Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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