Legal Question in Civil Litigation in Texas

affidavit rqmts.

Hello. I have requested a hearing before the Justice of the Peace because my car was towed w/o notice. I have witnesses willing to swear out an Affidavit attesting to the fact that the signs were not put out until 1 pm and towing began around 3pm. Our cars were parked there early that morning (approx. 7 am). Hearing is Fri., 1/4 (w/i 7 days of filing). Not enough time to get notarized Affidavits, and Clerk said Judge may not even accept them. But towing company claims he has video tape, so apparently either he is lying or he can rig the tape to change the time and lighting background apparently. Can and should I get an Affidavit w/o Notarization, but with at least 2 witness signatures?


Asked on 1/01/02, 12:03 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: affidavit rqmts.

Affidavits won't do it. You need to have your witnesses there live. If they are reluctant, you can subpoena them... JP court will have instructions. Of course, you have to consider whether being called against their will would dispose them to testify truly or not.

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Answered on 1/02/02, 11:24 am


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