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Attorney served a Motion To Quash and never served the court

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itspippy

Junior Member
What is the name of your state? Texas
I am the plaintiff and served the defendant attorney noticing of deposition. At the last hour the day before the depo the defendant attorney served me a Motion To Quash. I objected to it. The following day I discovered he never served the court. Three day later I questioned him regarding failure to serve the court and his blantant act of presenting and serving me a false doucemnet, as well as the claims in the Quash were not true. What recourse do I have and can I file contempt of court? What are my options regarding his misrepresentation.
 


Hot Topic

Senior Member
What is the name of your state? Texas
I am the plaintiff and served the defendant attorney noticing of deposition. At the last hour the day before the depo the defendant attorney served me a Motion To Quash. I objected to it. The following day I discovered he never served the court. Three day later I questioned him regarding failure to serve the court and his blantant act of presenting and serving me a false doucemnet, as well as the claims in the Quash were not true. What recourse do I have and can I file contempt of court? What are my options regarding his misrepresentation.
You sound like someone who should have hired an attorney instead of trying to save money by representing yourself.

How do you know the motion to quash was "fake?" Fake in what way?

Notice of deposition
Blatant
Document
 

Handcoc

Member
You sound like someone who should have hired an attorney instead of trying to save money by representing yourself.
???!!!

Anyway, what you have now is just your objection to the motion to quash filed with the court without the initial motion?

What were they looking to quash? Clearly, they have to file such a motion with the court for it to be heard. Failure to do so will have them violating the court rules regarding discovery & you can file a motion to compel & ask for sanctions.

Do they file electronically in your court? If not, & they file actual papers, it could be that a) he did not file anything b) he mailed it to the court & it never got there c) he mailed it to the court & it may get there soon

Dates would help too.
 

Tex78704

Member
File a motion to compel depositions, schedule a hearing on that, and go from there. If you get an offer in the interim to reschedule your depo's you will have to go with that for now.

And forget about any nonsense such as arguing false documents or misrepresentation or filing contempt over this last round.
 

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