Served in error

[mactoolsix]

California

My daughter law, lives in California, was just served to appear in court in TEXAS over a landlord dispute. She has never been a landlord, and has never owned property in Texas. If she doesn't appear, default judgment or $3,400 will be entered. She was obviously served in error.

How can she clear this up without traveling to Texas?

Thanks,
Mike

 

[LdiJ]

California

My daughter law, lives in California, was just served to appear in court in TEXAS over a landlord dispute. She has never been a landlord, and has never owned property in Texas. If she doesn't appear, default judgment or $3,400 will be entered. She was obviously served in error.

How can she clear this up without traveling to Texas?

Thanks,
Mike

Unfortunately, she is going to need a lawyer. Did she ever act as an agent or manage rental property for a landlord in Texas?

 

[mactoolsix]

Unfortunately, she is going to need a lawyer. Did she ever act as an agent or manage rental property for a landlord in Texas?

She has never acted as an agent, and never managed property.
A lawyer would cost her more than the $3,400.

 

[OHRoadwarrior]

She needs to have a motion for summary judgment filed establishing she is the incorrect party to have the case dismissed. She could also consider an improper venue motion and one for lack of personal jurisdiction.

 

[quincy]

California

My daughter law, lives in California, was just served to appear in court in TEXAS over a landlord dispute. She has never been a landlord, and has never owned property in Texas. If she doesn't appear, default judgment or $3,400 will be entered. She was obviously served in error.

How can she clear this up without traveling to Texas?

Thanks,
Mike

I am afraid it is not yet obvious to me that your daughter-in-law was served in error.

A "landlord dispute" generally involves not only a landlord but a tenant. You say your daughter-in-law has never been a landlord or owned property in Texas and she has never been an agent or managed property in Texas.

But was she, at one time, a tenant in Texas?

Did your daughter-in-law reside in Texas at one time in a rental unit, even if only for a short period of time? Did she go to school in Texas?

 

[tranquility]

I am afraid it is not yet obvious to me that your daughter-in-law was served in error.

A "landlord dispute" generally involves not only a landlord but a tenant. You say your daughter-in-law has never been a landlord or owned property in Texas and she has never been an agent or managed property in Texas.

But was she, at one time, a tenant in Texas?

Did your daughter-in-law reside in Texas at one time in a rental unit, even if only for a short period of time? Did she go to school in Texas?

I think the TX long-arm statute would cover the OP's daughter even if she contracted with a TX landlord. Even if she never went to the state.

 

[quincy]

I think the TX long-arm statute would cover the OP's daughter even if she contracted with a TX landlord. Even if she never went to the state.

Good point. That, too.

 

[mactoolsix]

I am afraid it is not yet obvious to me that your daughter-in-law was served in error.

A "landlord dispute" generally involves not only a landlord but a tenant. You say your daughter-in-law has never been a landlord or owned property in Texas and she has never been an agent or managed property in Texas.

But was she, at one time, a tenant in Texas?

Did your daughter-in-law reside in Texas at one time in a rental unit, even if only for a short period of time? Did she go to school in Texas?

Let me clarify:
She has never lived or even vacationed in Texas. She has been through the Dallas airport - transferring flights - but that's the extent of it.


Roadwarrior "have a motion for summary judgment filed establishing she is the incorrect party to have the case dismissed."


Is this something she can do on her own, or does she need some kind of legal representation?

Thanks for all the responses,
Mike

 

[justalayman]

so, somebody pulled her name AND address out of a hat and decided to sue her in a state she has only briefly been to.



How about this:

does she know the plaintiff for any reason?

 

[TinkerBelleLuvr]

Have her check her credit reports (all 3) to see if she is the case of stolen identity. In addition, does she have a common name?

 

[mactoolsix]

does she know the plaintiff for any reason?

No, in fact she has no acquaintances in Texas.

Mike

 

[quincy]

...
Is this something she can do on her own, or does she need some kind of legal representation?

She could handle all of this on her own (she can check out court "self-help" links), but she may want to review all facts with an attorney in her area first. If she has been a tenant in California, her rental could have a Texas owner, making the "served in error" not an error. Also, refer back to TinkerBelleLuvr's post for additional possibilities.

 

[LdiJ]

She could handle all of this on her own (she can check out court "self-help" links), but she may want to review all facts with an attorney in her area first. If she has been a tenant in California, her rental could have a Texas owner, making the "served in error" not an error. Also, refer back to TinkerBelleLuvr's post for additional possibilities.

If in fact an error, an answer and a motion can be drafted and filed by your daughter-in-law within the time allowed.

I agree...however that would make jurisdiction wrong.

 

[Zigner]

It's on the outside edge of possibility that this is a total case of a mistake being made. If it were me, the *first* call I'd make would be to the other party (or their attorney, if one is involved.)

 

[latigo]

She needs to have a motion for summary judgment filed establishing she is the incorrect party (?) to have the case dismissed. She could also consider an improper venue motion and one for lack of personal jurisdiction.

Perhaps you would care to read Rule 166(a) of the Texas Rules of Civil Procedure - Motions for Summary Judgment - and respond to the following:

1. Wherein lies the language in that Rule that contemplates that a motion for summary judgment is the proper vehicle to resolve the issue of the “proper party defendant” or the question of "personal jurisdiction" over the defendant?

2. How could the OP file such a motion, in any event, without making a general appearance and thus voluntarily submitting to the jurisdiction of the Texas court?

For your much-needed enlightenment in contrast to your unschooled guesswork, the summary judgment process is designed to address the factual merits of the parties’ respective claims and/or defenses as they relate to applicable substantive law.

(Incidentally, if it is your belief that

“she is the incorrect party to have the case dismissed”,

who might be the correct party?)