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Collections Law/Small claims suit ---Answer
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Question
I had to file a small claims damage suit against a tenant I had to evict. Under Texas rules of civil procedures he has 5 days to answer the suit or he loses by default. In his answer to the court where he had to insert the plaintiff name, he flipantly wrote a bad name for my name. Since this is obviously wrong ,and no one exist by that name ,does that make the answer void and invalid. If it is void and wrong , can I make a motion for the judge to declare a default judgment in my favor because the 10 days has now expired. Thanks
Long answer short, yes. The person that filed the erroneous answer may even be held in contempt of court for his antics. The courts are not know as being a place to try out ones comedy skills. I think you may even find the court helpful in any motions you still may need to file in this case. In any case, I wish you well with this one.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thank you for your quick response. The information was very helpful and I will now filed a motion to find his answer a non-response and declared a default judgment. | ||
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Answers by Expert:
Ray A Miller
Expertise
I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.
Experience
I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.
Organizations
ACA International
Education/Credentials
Some college
ACA Certified Collection Specialist
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