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Old 10-16-2002, 09:42 PM
legallawsuit?
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Lawsuit Legal?


I live in texas, my parents live in colorado.

I have been sued by someone i owe money too. They never served me (but did my parents).

Under Texas law was this proper. They do know i do not live in colorado according to the lawyer who i just called. Now, they're attempting to serve me with additional paperwork, and will have a bench warrent issued if i don't fill it out. I have been a texas resident for over 2 years, well before the lawsuit was filed.
  #2  
Old 10-16-2002, 10:03 PM
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Posts: 12,069
You have knowledge of the lawsuit. In the eyes of the court, you could be considered served. I was a plaintiff in a case that resulted in a default judgement. The respondant appealed and claimed they were not served personally (I served the papers to her mother). The judge dismissed her appeal because she had knowledge of the lawsuit and chose to ignore it. The paperwork is to determine how much you are worth. They want to sue you for only what they can get from you. A contempt of court citation can be issued in your name for failing to fill out the paperwork and this could result in a warrant.

In order to tell if the lawsuit has a chance of proceeding depends on a couple of factors. If the transaction(s) that resulted in your debt occurred in Colorado, you would have to return to the state to answer the lawsuit. If the debt occurred in Texas, you can claim that the court does not have jurisdiction in this case and have it dismissed.

I would suggest you contact an attorney immediatly. Initial consultations are cheap, even free in some cases.
  #3  
Old 10-16-2002, 10:07 PM
legallawsuit?
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I was a colorado resident when i did the charges, but was living and attending college in oklahoma

@21 i became independant from my parents and they stopped claiming me on their taxes, i left school and received and oklahoma drivers license at this time, i was working with the company to repay the dept (i had been out of work for a couple months)
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