San Antonio, TX asked in Consumer Law, Real Estate Law, Landlord - Tenant and Small Claims for Texas

Q: Is there fraud in submitting an Affidavit of Inability to Pay for a company based on the income of a person not in suit?

I live in a complex that is owned by an LLC. The registered agent for the LLC is also the on-site property manager. When filing evictions instead of paying the filing fees she submits an Affidavit of Inability to Pay. She is not included as a plaintiff in the suit. Only the LLC is listed as Plaintiff. Is it legal that the Affidavit of Inability to Pay is based on her income and not the LLC's? Especially since she is not even a party in the suit nor has any interest in the LLC?

1 Lawyer Answer

A: You have raised a serious question. I woould like to see the Affidavit filed requesting a waiver of the filing fee. If the LLC is owned by the person filing for the fee waiver, it might be allowed. But if the LLC is not a little mom & pop business, and they have many units, it might be fraud.

I would need more information about the company, the property manager, and want to see the Affidavit if you can get it to me.

Thank you and good luck.

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