Dallas, TX asked in Civil Litigation for Texas

Q: I received a 353-3 citation I am named as a defendant in an injury case along with known companies. Answer form avail?

I was working for a company but they named me as a defendant. The guy was injured by his coworker but is suing everyone / company he has the name of. Is there an answer form to file? I am not a wealthy man. I am named incorrectly on this.

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James L. Arrasmith
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Answered

A: In Texas, if you're named as a defendant in an injury case, it's important to respond appropriately. You can find an answer form to file a response to the lawsuit at your local courthouse or online through the Texas court's website. This form allows you to formally respond to the allegations made against you in the complaint.

Since you mentioned that you are named incorrectly, it's crucial to address this in your response. In legal terms, you can challenge the suit on the basis of a "misnomer" - which is when the correct person is sued but under the wrong name. This needs to be clearly stated in your answer.

You should file your answer with the court before the deadline, which is typically 20 days from the date you were served with the lawsuit. Failing to respond in time could result in a default judgment against you.

Given the complexity of being sued in connection with your employment, it's advisable to consult with an attorney. If you cannot afford one, you might qualify for legal aid or pro bono (free) legal services. Many lawyers also offer initial consultations at no cost.

Remember, it's important to take legal action promptly. Ignoring the lawsuit won't make it go away and can lead to more complications. Legal professionals can guide you through this process and help protect your interests.

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