Q: My mother and I have been notified by email of a lawsuite (Small Claims) in Travis County, Texas. What do we do next?
1) The Plantiff is an elderly Caregiver agency. My father is terminally ill with Parkinsons and Cancer and was the receiver of the caregiver services.
2) My mother and I (Power of Attorney) signed a contract for the services. The Agency terminated the contract after my mother accused their caregivers of abuse and neglect on the basis of "we cannot meet your needs". A final check was sent short paying the final invoice for the two nights of alleged neglect.
3) We (my mother and I) have not been formally served in person yet, but the plantiff has notified us via email with copy of a lawsuit.
4) I have contacted the plaintiff by phone to discuss and settle amicably by paying the final bill inm full, but she did not answer my call or respond.
5) The lawsuit was filed in Plantiffs LLC county (Travis County), but our contract for was signed in an adjacent county (Williamson).
6) The state of Texas is investigating the alleged abuse complaints.
7) What are our next steps legally?
A: File a written answer to the lawsuit. Appear in court on the date your case is set. Explain that you refused to pay for the two nights of neglect. If the investigation of the abuse complaints concludes before then and finds abuse or neglect, you might consider subpoenaing the investigator to testify as to the outcome of the abuse investigation.
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