Butch, Thanks so much for the Benner opinion letter. This is perfect for our pending suit against a CA. Made my day! LisaMc Be sure to check with the clerks office to see if discovery is allowed for small claims court in TX. I mention it only because it is NOT allowed here. (Much to the chagrin of the aforementioned CA, I'm sure.) DemPooches
I don't think this is a new twist, just a question for those of you that have been through this before. Yesterday I received a letter from a law firm here in Houston. It was just a copy of the "Defendants Original Answer" to my suit. This is where the OC answers the suit by saying they "deny all claims made by LisaMc & further request a jury trial." My question is this: Is it common practice for a very large entity, like this OC, to have a local law firm submit their answer? (I had the registered agent, CT Corporation, in Dallas served when I filed.) Once again, this raises the question in my mind of "WTH are they doing?" Didn't it cost them something to have this firm do this? Didn't it cost them something to request a jury trial? Why did they bother to go through any of these motions? Why didn't they file their own answer? I just asked them to delete!!!!! WHen I really stop and look at the facts, it does seem to me that they are just trying to intimidate me. I got a letter from them after I filed the suit that read "we have deleted the inquiry as an act of goodwill. We consider this issue resolved and will issue no further communication in regards to it." This was supposed to stop me I guess. They had deleted the inquiry; therefore, they were off the hook, all evidence of any wrongdoing was erased. Also, I am suing for the maximum that my small claims court will allow--$5,000. There were 5 violations @ $1,000 per violation. I really like the idea of educating the jury. If I was a juror, and I have been in the past, I can distinguish law from emotion. Hopefully they will be able to do the same.
I like what John said. I wish I had this case. I would bump it to Federal District Court, demand a jury and start discovery. Then I'd send them 500 pages of interrogotories. LOLOL (But that's me). Lisa, People make decisions based on emotion, then they rationalize their decision with logic. Once you have the jury brought up to speed and they are about ready to deliberate, that's when you want their emotions on your side. (ie. "How would YOU feel if ..."). Stick to your guns kiddo.
