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Sample "Answer" Letter for use in Texas


TxBigGuy
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  • 2 weeks later...
Here a nice sample of a "Answer" letter to be used in Texas.

need the w's in front of the address

co.travis.tx.us/justices_of_peace/forms/defendant_answer.pdf

I had no trouble opening the page or reading the document.

I must say that while I wouldn't use it or recommend it to anyone it really isn't all that bad either. It does appear that it may have been composed by an attorney.

I do find a severe problem with the section where the notary is suppose to sign however. I doubt any notary would use that or notarize it the way that part is written. The reason I doubt that is that the notary is swearing that s/he knows that the statements contained in the document are true and correct. The job of a notary is to certify that the person (affiant) is the person who appeared before and signed the the document before the notary.

The notary is not required to even read the document they are notarizing, much less swear to the veracity of the statements contained therein.

Just stop and think about it. The affiant's statement could say something such as (to be facetious) "I hereby swear that I personally saw a 10 foot tall grizzly bear while walking across the tundra in Alaska at 3 A.M. on January 1st, 1999." How could a notary state that s/he knows that statement to be true and correct when the notary doesn't live in Alask and wasn't there when the alleged sighting took place?

How could a notary state that s/he knows that any statement made in the plaintiff's complaint is either true or false? It isn't possible.

Secondly, here is a portion of the text of the Texas Notary Public's handbook which tells exactly what the duties of a notary public are.

The primary duty of a notary public is to show that a disinterested party (the notary public) has duly notified the signer of a document of its importance, and the signer of such document has declared that the signer's identity, signature, and reasons for signing such instrument are genuine. The signature and seal of a notary public do not prove these facts conclusively, but provide prima facie (sufficient) proof of them, and allow persons in trade and commerce to rely upon the truth and veracity of the notary public as a third party who has no personal interest in the transaction.
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I do find a severe problem with the section where the notary is suppose to sign however. I doubt any notary would use that or notarize it the way that part is written. The reason I doubt that is that the notary is swearing that s/he knows that the statements contained in the document are true and correct. The job of a notary is to certify that the person (affiant) is the person who appeared before and signed the the document before the notary.

The notary is not required to even read the document they are notarizing, much less swear to the veracity of the statements contained therein.

Sorry, but this is standard procedure in court and done all the time. It makes the paperwork a sworn statement and is treated as if the person was there in person to testify. If the information in the statement is a lie, the person who wrote it can be held for perjury.

The notary does not have to know if the statement is true.

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