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walterg55 last won the day on December 25 2013

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About walterg55

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  1. My first post told the OP that they very well may have been "sewer served" and they should NOT proceed to assume there was no service. Many Texas courts subscribe to the idea that if its mailed its received. Easier to Answer than deal with getting a Default set aside.
  2. @texasrocker I guess Texas Rules of Civil Procedure 21a is BS then since it gives 2 other methods of service other than personal service as permissible.
  3. Check online with Travis County but I would not assume you weren't served. Highly likely you were. Texas does not require you receive it only proof they mailed it and the proof can be pretty skimpy at that.
  4. 1.You were likely served by mail to your last known address which is allowed: Travis County online will confirm 2.You are running out of time if served that way 20 days + 3 for mailing. is allowed, the date posted online means 20 days from that date 3.Questionare is actually Discovery and is important, I saw Admissions which can screw you if not responded to within 30 days of service. 4. Focus on getting an Answer sent back to the court and the other attorney, most important as least amount of time left. Use CMRRR when sending to court and especially to other attorney. 5. What court wi
  5. I am in the Plaintiff in a Deceptive Trade Practices Act suit in Texas County Court at Law. Its not my first rodeo in court but it is for needing to get some records from the CRA's. The subpoena calls for it to be served on an individual. In my case that is the "official record keeper" for Experian, Equifax/CSC, and Transunion. I am not sure if I need the name of a specific individual or whether "official record keeper' will suffice. I also would like to know if serving the subpoena on their Registered Agent will suffice. I have the name and address of that person. Hopefully someone might know
  6. There is absolutely nothing wrong with filing. Worst case, the judge tells you your wrong. Don't forget your opponent has to file in opposition.
  7. I don't want to hijack this thread but I do have a question for both of you. I disagree to some degree with both of you but I personally have a lot of trouble when the hearsay rule is generally crystal clear in most States (that I am familiar with) RCP's and RE's how an attorney can knowing submit these affadavits that are way beyond the bounds of hearsay. I fully understand the duty to challenge them but I can't understand why those sacred Canons are not raped and pillaged. They knowingly submit what they know is wrong and pass it by saying its OUR duty to challenge which is a half truth. I s
  8. I am simply not conversant enough with your courts and rules to help you write your opposition. I do know that if you don't oppose it they will get a Summary Judgement. That should be your focus, not Rogs at this point. Go read your rules of civil procedure quickly. You should have about 10 days total to get a response in. Look on your court calendar to see when the motion hearing is sent. IMHO you are too far behind the learning curve to be effective in time. Consider at least getting an attorney to help write the motion or take over. You must act quickly, the clock is getting ready to run ou
  9. If you use TFC-392 properly you can really turn the tables on them.
  10. Absolutely. I would check your rules of evidence and fight these until the cows come home. I don't know your Rules of Evidence but Federal Rules and Texas are crystal clear that these affidavits and such are hearsay.
  11. You should have an opportunity to oppose what I assume is a MOTION for Summary Judgement unless you already failed to respond to their Motion previously. Rules of Civil Procedure need to be checked.
  12. My bad, it is only a statute of repose in actions against a surveyor
  13. I believe the Statute in Texas, is a Statute of Repose. Chapter 16 Texas Business & Commerce Code