Katy, TX asked in Civil Rights for Texas

Q: Help Please. Whats my next step in this lawsuit

HI, im in Texas and I filed a $10g Lawsuit against my Neighbor for harassement, I had her served the Court Papers but she declined to file an answer at all. What are my next Steps?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You should make sure the process server has properly filed the return of service and then file a proper motion for default judgment attaching the required evidence that your neighbor is not on active duty in the armed forces of the United States, and the required certificate of last know address. Since your damages are unliquidated, you will want to set a default judgment prove-up hearing to present to the judge your evidence of the $10g in damages that you sustained from the harrassment. Take care to ensure that you introduce legally sufficient evidence of such damages as your neighbor could appeal and, on appeal, the appellate court could determine that you failed to do so. Parties who represent themselves rarely understand what constitutes legally sufficient evidence of damages, so it is a legitimate strategy to let them move forward with a default judgment. If your evidence of damages is legally insufficient, the appellate court must reverse the default judgment and render a take-nothing judgment in favor of your neighbor (which means you get nothing).

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