Legal Question in Personal Injury in Texas
Wife was served, now their lawyer emailed me and says he got the wrong person. "After extensive phone conversations with you, it has been brought to my attention that we have served the wrong person with citation. The name of the defendant matches your wife�s name, however some other information now exists that has shed some light on the identity of the defendant. At this time I am agreeing to allow you not to answer this lawsuit, and if at such time it is determined that your wife, in fact, was involved in this car accident I will allow you at extra 20 days from that date to answer the lawsuit.
Do I still need to send in citation to court with my answer within specified time frame ?
1 Answer from Attorneys
Two options:
1. You can file an answer anyway and attach a copy of the e-mail as an exhibit to the answer.
2. Ask the lawyer for a "Rule 11" agreement for what he promised in his e-mail. That way his promise will be binding. All you need for the Rule 11 agreement is for him to say that he will give you the extra 20 days to answer. - The agreements should say that it is a "Rule 11 agreement" and both your wife and the lawyer need to sign the agreement. (What I would do is e-mail the lawyer and ask him to put his agreement in a Rule 11 agreement and return the proposed agreement to you, signed by him.)
Good Luck!
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