Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Are My Options for Filing a Motion of Dismissal

    I doubt if you'll get anywhere on the venue (location) issue since all three counties seem to be within reasonable driving distance of each other.

    As for the statute of limitations, that's a tough question.

    You probably won't need your copy of the lease. The Plaintiff has already given you enough information.

    You defaulted on March 1 2013. You have a document showing that. You are apparently not disputing that date. Right?

    The lawsuit was filed with the court on March 2, 2017.

    To me, that's 4 years and 1 day.

    However, here's the wording of the statute:

    CIVIL PRACTICE AND REMEDIES CODE - TITLE 2. TRIAL, JUDGMENT, AND APPEAL - SUBTITLE B. TRIAL MATTERS - CHAPTER 16. LIMITATIONS - SUBCHAPTER A. LIMITATIONS OF PERSONAL ACTIONS

    Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:
    (3) debt
    http://law.justia.com/codes/texas/20...-b/chapter-16/

    I found an article on Texas SOLs and in it found the following on Page 2:

    B. When Does the Statute of Limitations
    Accrue?
    Accrual is the date when the statute of
    limitations begins to run, or, stated another way,
    when the plaintiff first has a legal claim. The
    accrual date can be defined by statute or under
    the common law. Under Texas’ common law,
    there are two methods for determining the
    accrual date: the legal-injury rule and the
    continuing-tort doctrine. When a claim accrues
    is a question of law for the courts to determine.
    Under the legal-injury rule, a plaintiff’s
    cause of action accrues on the date when the
    defendant’s act causes a legal injury. Lubbock
    Cty. v. Trammel’s Lubbock Bail Bonds, 80
    S.W.3d 580, 585 (Tex. 2002). Even if the legal
    injury is very slight, the statute of limitations
    begins to run. Atkins v. Crosland, 417 S.W.2d
    150, 153 (Tex. 1967).
    http://www.cooperscully.com/uploads/...%20-%20TLS.pdf

    According to that the SOL begins to run ON THE DATE when your default causes a legal injury which, according to the Plaintiff was March 1 2013.

    I haven't had time to read those case decisions. You'll have to whether I read them or not because you'll have to raise the SOL as an affirmative defense and move for dismissal if the Plaintiff is a day late and you'll have to quote portions of the decisions that apply.

    You can find the cases on Google Scholar. There may be others. We can go into that later.

    https://scholar.google.com/scholar?hl=en&as_sdt=4,44

    By putting the case name in the search bar.

    Meantime, tell me more about the summons and complaint.

    Are you instructed to just appear in court or are you instructed to file an answer within a certain number of days. If the latter, give me the date you were served and the number of days you have to file an answer.

    And please list all of the allegations in the complaint. Quote them word for word.

    Keep in mind that I'm not an attorney and a don't give legal advice but I will endeavor to steer you in a helpful direction.

  2. #2
    Join Date
    May 2017
    Posts
    19

    Default Re: What Are My Options for Filing a Motion of Dismissal

    I was served this past Wednesday 5/24/17. My answer is due by the end of the 14th day after I was served. It states, "Your answer is due by the end of the 14th day after you were served these papers. So, June 9th. To be safe, I would answer as soon as possible. June 8th at latest. I am concerned about typing all the information from the papers on the forum if it is a public forum. Is there a way we can communicate in a private message? Also, the process server mentioned that I should call the court and tell them my situation regarding my health. I did not know if I should do that. Thanks

    1. Sponsored Links
       

Similar Threads

  1. Jurisdiction and Venue: Where Can You Be Sued for a Debt Collection Case
    By pitbull1 in forum Civil Procedure
    Replies: 2
    Last Post: 02-14-2015, 03:36 PM
  2. Defenses: Raising Affirmative Defenses in a Debt Collection Case
    By storm180 in forum Civil Procedure
    Replies: 3
    Last Post: 11-23-2014, 10:33 AM
  3. Collection Lawsuits: Can a Debt Be Removed from Your Credit Report if a Collection Lawsuit is Dismissed
    By statzz42 in forum Debts and Collections
    Replies: 2
    Last Post: 11-11-2014, 01:34 PM
  4. Collection Lawsuits: If I Pay Off a Debt, Will My Small Claims Court Case Be Dismissed
    By Vert in forum Debts and Collections
    Replies: 2
    Last Post: 01-24-2012, 10:16 PM
  5. Debt Collectors: Collection Case Dismissed, What To Do Next
    By JStone168 in forum Debts and Collections
    Replies: 4
    Last Post: 09-12-2007, 04:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources