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Confusing Lawsuit Text

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S

Shmafty

Junior Member
This is regarding a lawsuit in Texas.

The text of the suit in question reads that I have "by 10:00 a.m. on the Monday next after the expiration of 20 days after you were served this citation" to file an answer with the Clerk.

I find this incredibly confusing. I am still trying to get all my ducks in a row, but I want to make sure that I file an answer in time, and they don't give any helpful tips, like whether or not the date of service counts as the 1st day out of 20, or if the 20th day falls on a Monday, is that the deadline or do I have until the following Monday.

So I suppose my question is:
If the suit was served to me on Wednesday, February 27th, 2008 by what day do I need to file an answer?


Thanks for any help!
 
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D

deenorris

Member
Shmafty said:
This is regarding a lawsuit in Texas.

The text of the suit in question reads that I have "by 10:00 a.m. on the Monday next after the expiration of 20 days after you were served this citation" to file an answer with the Clerk.

I find this incredibly confusing. I am still trying to get all my ducks in a row, but I want to make sure that I file an answer in time, and they don't give any helpful tips, like whether or not the date of service counts as the 1st day out of 20, or if the 20th day falls on a Monday, is that the deadline or do I have until the following Monday.

So I suppose my question is:
If the suit was served to me on Wednesday, February 27th, 2008 by what day do I need to file an answer?


Thanks for any help!
Click to expand...
In New York, you would count 20 days starting on Feb 28th. Which would mean you have to have your Answer to them by March 24th.

They are under no obligation to be 'helpful' nor are you. They are your adversary and will take all legal steps to win.

Good Luck!
 
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T

Texas Pooh

Member
March 24th is correct

We count the days in Texas the same way as the poster from NY. For the record, you don't count the day of service, but start the next day. Then you count 20 days. Then you go to the next Monday.

Make sure that you file the answer before the deadline (don't wait until Monday) and that you serve it on the lawyer for the plaintiff. It's best if you send the original and one copy to the court and ask that a file stamped copy be returned to you - then you'll have a date stamped copy for your file.
 
D

deenorris

Member
Thinking about it further, it does not matter which day you start from, the day of service or the day after, the 'following Monday' part makes it still fall on March 24th.
 
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T

Texas Pooh

Member
true, but since she asked how to calculate, I thought I'd answer ...:D there might be some lurker out there who wanted to know!
 
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