texasrocker

I seriously doubt that you have changed much either since your snidely mentor hasn't... If I perk up my ears I can almost hear him snickering all the way from Texas.

Always file a general denial immediately after being served no matter how you want to go about defending it. It is common to plead both Account Stated and Breach of Contract, actually quite rare to not see both. It is also common for that lazy-a$$ law firm to fail to answer discovery, fail to show up in court for any hearings, and even fail to file a non-suit. If you are being sued in a JP court you will need to get the court's approval to begin discovery.

Well excu-u-u-u-u-u-se me for copy/pasting the title of the article instead of spelling out what should be an obvious conclusion to anyone who has not been living under a rock the last few weeks.

https://www.npr.org/2020/03/19/818343720/homeowners-hurt-financially-by-the-coronavirus-may-get-a-mortgage-break

It should be fine for now. You didn't say how much you are being sued for but if it is for a large amount you should get an attorney to negotiate as low of a settlement as possible. Since you are in Tarrant County Jerry Jarzombek is your best bet. (817) 348-8325

Level One Discovery applies to cases where the plaintiff seeks less than $100,000. For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to. <Your name, address and phone number> File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.

How long has your lawyer been on the case? You had not mentioned hiring an attorney before. It sounds like he/she doesn't have a clue as to how to deal with JDB's. Did you take heed to anything that @WhoCares1000 told you? That was excellent advice and if you apply it this should be over and done with very soon.

You cannot use a general denial for answering discovery. You must answer each and every one, whether it be "denied" "admitted" or "objection." Don't file it with the court, send it via certified mail to the attorney's office that filed the law suit.

They may be able to file an appeal but I doubt they could successfully get it reinstated since it was dismissed with prejudice. They don't have much hope- criminy, repeatedly misreading a calendar is about the sorriest excuse I have seen to base an appeal on! Is this law firm Rausch, Sturm, Israel, Enerson & Hornik? Their latest antic is to file the lawsuit, no response to discovery, no response to "meet and confir" letter regarding a last chance before filing a motion to compel the answers. Suit nearly always ends up dismissed for want of prosecution without prejudice then they just start the whole thing over again. For the last year or so I have been recommending filing a No-evidence Motion for Summary Judgment after seven days failure to answer letter stating that a motion to compel will be filed. Include a proposed order worded, "...dismissed with prejudice" for the judge to sign. It is highly likely that they will "miscalendar" the hearing for the MSJ also so with no one there to ask for "without prejudice" then it will be over and done with. Why give them anymore chances to continue disrupting your life?

For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to. <Your name, address and phone number>

The Texas Supreme Court abolished small claims courts in 2013. We had a lengthy discussion on this topic a year ago or so.

@fisthardcheese

I suppose you could word it any way you so desire but no such affirmative defense is required in Texas. One could actually just say, "The defendant generally denies all allegations brought forth by the plaintiff."

For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to. <Your name, address and phone number> File it with the court as soon as possible and send a copy to the attorney's office that filed the lawsuit.

They are not necessarily sending you the 1099-C to "get even." They are required by law to send it if the cancelled debt is over $600 although many JDB's ignore the law. You are more likely to receive one from an original creditor. If you try to dispute any type of 1099 through the IRS the first thing they will tell you is to take it up with the entity that sent it.