CarlJStoneham
Member
What is the name of your state? TX
According to Texas code, if I want to file a case with SCC, I'm supposed to file it in the county where the defendant resides. Since I'm in the metroplex, that could be Dallas or Tarrant. His business is in Dallas, but I seem to recall reading a newspaper article suggesting that he lives in the suburbs of Dallas. If I don't know what county he lives in, what would be some reasonable/legal methods for finding this out?
Additionally, If I choose service of process by registered/certified mail and he decides not to accept the letter, is the court date pushed back (or can I request it) or do I still have to get him the paperwork (10 days I think) before the court date?
Finally, as was raised in another post, sounds like mitigation of damages is gonna be my Achilles' Heel. Should I go ahead and ask for full damages since my wife was very careful to point out only the 2 "gouges" in the bumper from the accident when she took it in for an estimate (we took a picture when we got home) or would it be proactive on my part to acknowledge our mistake in waiting several weeks before getting the estimate and ask for reduced damages? I don't see what we could have done to "reduce or minimize the loss or damage" aside from simply getting it fixed, which seems less like "mitigating" something and more like "eliminating" it
The dealer's body shop said the two gouges alone required replacement of the bumper; that they could not be repaired (what we were kind of hoping for since it would take less time). Then again, the judge won't care how I see it, so...
TIA for the advice.
(Quick edit so I can subscribe to the thread)
According to Texas code, if I want to file a case with SCC, I'm supposed to file it in the county where the defendant resides. Since I'm in the metroplex, that could be Dallas or Tarrant. His business is in Dallas, but I seem to recall reading a newspaper article suggesting that he lives in the suburbs of Dallas. If I don't know what county he lives in, what would be some reasonable/legal methods for finding this out?
Additionally, If I choose service of process by registered/certified mail and he decides not to accept the letter, is the court date pushed back (or can I request it) or do I still have to get him the paperwork (10 days I think) before the court date?
Finally, as was raised in another post, sounds like mitigation of damages is gonna be my Achilles' Heel. Should I go ahead and ask for full damages since my wife was very careful to point out only the 2 "gouges" in the bumper from the accident when she took it in for an estimate (we took a picture when we got home) or would it be proactive on my part to acknowledge our mistake in waiting several weeks before getting the estimate and ask for reduced damages? I don't see what we could have done to "reduce or minimize the loss or damage" aside from simply getting it fixed, which seems less like "mitigating" something and more like "eliminating" it
The dealer's body shop said the two gouges alone required replacement of the bumper; that they could not be repaired (what we were kind of hoping for since it would take less time). Then again, the judge won't care how I see it, so...TIA for the advice.
(Quick edit so I can subscribe to the thread)
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