Welcoming Advice on My Case - in TX

[Ntexas31]

I am unsure as to which strategy out of the many I have read about on here would be best at this point. I have read the advice from @bmc100, @coltfan, and many others but....

 

Im a little paranoid about putting too much info on a post but I will say:

 

1. Being sued by a JDB not OC.

 

2. Already served, already answered with gen denial. Service was legal

 

3. No correspondence with JDB, is within SOL. Im in TX

 

4. No dispute or DV with JDB

 

5. Breach of contract, account stated, seeking liquidated damages

 

6. They sent copy of a statement, a bill of sale with no acct number listed, data from a spreadsheet & the complaint

 

7. This is in a JP court.

 

There seem to be multiple options, including MSJ, taking it to trial, or this:

 

RULE 91a. DISMISSAL OF BASELESS CAUSES OF ACTION

91a.1 Motion and Grounds. Except in a case brought under the Family Code or a case governed

by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss

a cause of action on the grounds that it has no basis in law or fact. A cause of action has no

basis in law if the allegations, taken as true, together with inferences reasonably drawn from

them do not entitle the claimant to the relief sought. A cause of action has no basis in fact

if no reasonable person could believe the facts pleaded.

91a.2 Contents of Motion. A motion to dismiss must state that it is made pursuant to this rule,

must identify each cause of action to which it is addressed, and must state specifically the

reasons the cause of action has no basis in law, no basis in fact, or both.

91a.3 Time for Motion and Ruling. A motion to dismiss must be:

A. filed within 60 days after the first pleading containing the challenged cause of action

is served on the movant;

B.  filed at least 21 days before the motion is heard; and

C.  granted or denied within 45 days after the motion is filed.

91a.4 Time for Response. Any response to the motion must be filed no later than 7 days before

the date of the hearing.

 

I have heard the JP courts where I live are not friendly towards defendants. 

[TomnTex]

How much do they claim you owe? That makes a lot of difference in how you might want to attack this. In my sig line below, click on the link and copy and fill out everything and paste it here.