Legal Question in Wills and Trusts in Texas
Texas: My mother died in Nov 2012. Her apt complex withheld her deposit. I sued in small claims court, but the case was dismissed because I did not have standing because there was no assets to open probate for. Apartment complex hired an attorney for that case and filed a counter claim. 2 years later attorney has had case put back on docket. Now claims I eneterd into lease with my mother. I did not. Claims that I filed small claims case to be malicious. I did not. Wants additional damages, court costs and attornies fees. I am no longer inthe county which this case was filed in. Can a JP order me to appear by post card? I am now living 6 hours away, this is a huge burden to appear to have his case dismissed.
1 Answer from Attorneys
I would contact the court to see if you have been legally served.
If you have been legally served and if you do not file a response per statute, and/or if you do not appear, the attorney can get a default judgment issued against you, and then, they will abstract that judgment and get a lien issued against you.
Hypothetically, as I have not reviewed your case, I would hire a lawyer in the county where the suit was filed, one with probate and litigation experience, who can research your defenses and represent you in this matter, especially in that the suit is going forward and/or if you cannot appear.
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