Papers were served by a constable on Monday 5-11-15 I was not in state and one of my workers received the papers

Real Estate 8 views 2 answers
My Worker advised the Constable this and stated That I asked if he could come back tomorrow or call me & I would even meet him I knew they where coming it is for an eviction, after receiving them on the notice the date he filled in was 4th may 2011, then on the petition names were crossed out the persons names are wrong address is wrong all crossed out no initials and have no idea who's names were on there IE: Sandra Owens No relations or interest in the property Should be Amanda Owen/ they crossed out Sandra & hand wrote Amanda but last name is Owen/Not Owens this is done on 2 other spots of petition, also the address was either 9301 or 9307 crossed out with proper address 9310 again no intials. My question is this grounds for a dismissal in JP Court? I have Requested a Jury Trail

Attorney Answers

2
Richard Jonathan CahanLandlord / Tenant LawyerRound Rock, TX ·
The changes might be something that can cause hesitation by the judge in court and if you have a jury you can point the changes out to show confusion, but it would most likely not be something that would help dismiss the case and even if it did they would just refile it with the corrections. Most of the eviction papers from the court specifically state that oral amendments can be made at court during the trial.
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U A LewisCar / Auto Accident LawyerHouston, TX ·
Good Job on the Jury Trial Request! But you should be careful about appearing, if the citation is incorrect, you can make a "special appearance" to say that the notice is improper and you are only appearing to point this fact and not answer the suit. There is case law that states requesting a jury trial is considered "an answer", and therefore too late to claim a special appearance. Good Luck!
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