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Kalish Law Texas

Divorce, Probate, Business Law- The Woodlands Kalish Law

(281) 363-3700
(281) 363-3700
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You are here: Home / Legal Blog / Served with a Lawsuit or Hearing Notice? Act Now!

Served with a Lawsuit or Hearing Notice? Act Now!

February 11, 2014 By Kalish Law Office

If you have been served with a lawsuit or hearing notice from a Texas Court you should not wait to act.   Procrastinating can cause you to lose the case and have a judgment entered against you.

Here are some reasons that people put off answering the suit, and what can happen as a result:

  1. “This suit is unjustified, unfair, or inaccurate.”  Maybe so, but if you don’t bother to answer it, you may lose a suit that you could have won if only you had chosen to participate. Frustrating but true.
  2. “I have time to answer, I’ll get around to it”.   Are you sure? How many days does the citation say that you have?  Are  you sure you are calculating the days correctly? What about a holiday, or a weekend? What about a holiday that not everyone celebrates?   Read the citation thoroughly, it will tell you how long you have to answer, then make sure you know exactly how to calculate the answer time.   In many cases you will have until 10:00 A.M of the Monday that comes after 20 days have passed.  Justice Court gives you less time to answer than most cases in district or county court. Some probate actions may allow you only 10 days to answer. In a business case, guardianship or family law case where someone is claiming “irreparable harm” or an issue with “safety to health and welfare of children”, there may be a need for an immediate, emergency hearing.  Long story short-  depending on the type of case, the type of court, the way that Sundays and holidays fall, and the urgency of the issue, you may have 3 -27 days to act.  Make sure you know.
  3. “I’ll let an attorney handle it. I have an appointment in a couple weeks.”  Do not wait until the last minute to see a lawyer.   Your attorney may need to do research before preparing your answer.  You may have a counterclaim against the person suing you and your attorney may need time to get it ready. Your lawyer’s office may have time to draft your answer today, but if you wait another week or two there could be other emergencies that came in ahead of  yours.   Your attorney needs time to prepare the filing and may need to have you sign an affidavit or other documents prior to filing your answer.  You may need to meet with the lawyer more than once prior to the answer being filed.  Waiting until the last minute creates an emergency situation that can cost you more in legal fees.
  4. “We already dealt with this issue, this suit must be a mistake.” Occasionally, lawsuits get filed accidentally but not often. So if you are getting sued now by a creditor that you thought you settled with, a former business partner that you thought you split with, or a former spouse that you thought you completed mediation with, you need to take notice. It could be that this suit should not have been filed, but you still need to get it dismissed. The legal issue may be “close”, but not identical. It is better to get an erroneous or frivolous suit dismissed early on than it is to go back and try to undo a judgment against you.
  5. “They didn’t serve me properly”.  Texas Rules of Civil procedure allow different types of service. Don’t assume that it won’t count just because a uniformed constable didn’t come to your door and shout “you’ve been served!”  The subject of whether someone has been properly served or not leads to some heated courtroom debate between lawyers.   It can be a technical legal issue, so always get a lawyer’s opinion on this.   BUT be aware that if you really have not been properly served, it may be best NOT to answer the lawsuit (depending on the facts of your case). Again, get legal advice a.s.a.p.
This advice relates to Texas courts.  Similar advice can be applied to Federal court, administrative court, or a complaint against you with an administrative agency.  The time periods and methods of service may vary, but the main rules are these 1) read everything thoroughly 2) understand when you are supposed to answer 3) get legal advice 4) do not wait!

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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Filed Under: Legal Blog Tagged With: abogados, answer date, attorneys, business, county court, district court, divorce, justice court, Kalish Law blog, Kalish Law Office, lawsuits, service of process, small claims court, Texas, The Woodlands

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Kalish Law Texas

3 Grogan's Park Dr.
Ste. 200
The Woodlands, Texas 77380
Phone: 281-363-3700

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Sonnya Spires
Sonnya Spires
13:52 15 Nov 22
Kalish Law Firm handled our estate planning. The whole team is very professional and friendly. Special thanks to Ms Maggie Gonzalez she was so patient and made us feel very comfortable. We would gladly recommend Kalish Law Firm.
Emma Kiper
Emma Kiper
01:37 26 Oct 22
Very happy with Kalish Law Firm redid our will. They listened and explained our options for estate planning would definitely recommend.
John Hardey
John Hardey
20:24 14 Sep 22
Sio and her staff are very professional and experienced. They did an awesome job for me and I highly recommend them.
ana teresa caravante
ana teresa caravante
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We were satisfied with the service we received . If you ever need their services we recommend them.
Kevin Martin
Kevin Martin
01:41 26 Feb 22
Here's some background- I'm the father of 2 fantastic kids, who’s mother is in law enforcement. I came to Sio desperate for help to modify my standard custody order in MoCo- seeking more time with my kids, more decision making authority, and the ability to hold my ex accountable to making choices that will benefit our kids and give them everything that they deserve.As a father, nobody believed this was possible. I had friends and family tell me I didn’t stand a chance. I even consulted with a different attorney once who refused my case, claiming fathers only win if there’s abuse or drugs involved. Then I found Sio…From day 1, Sio treated me as a parent- not “just a father”. Though she acknowledged that my case would be a battle, she never doubted what I was fighting for. Sio and her team were understanding and patient throughout this stressful time in my life, and took their time to help me understand the complicated family court processes. In the end, she DELIVERED. I was able to creatively modify my custody order to provide an arrangement that will truly serve my children.If you’re a good father looking to provide a good life for your kids, call Sio
Lovebug13
Lovebug13
02:37 19 Feb 22
Sio was my Lawyer her team amazing. They keep me update on any information about my case . They explained everything to me step by step. my case was successful. In any case make sure have all your documents and facts together.Thanks,Ladies and Kalish Law for all your hard work!
michelle stern
michelle stern
02:47 08 Jan 22
Sio was attentive and very responsive and supportive. I highly recommend her for any family law needs. Excellent service!
michael gordon
michael gordon
20:06 21 Dec 21
Estate planning, Last Will and Testament…Good people, professional and courteous.
Gabby Snyder
Gabby Snyder
13:36 01 Dec 21
Excellent Legal Representation, timely, efficient and very cost effective! Family based firm with strong & experienced staff of attorneys and paralegals. Mrs. Sio Petri has provided 5 star service for any of my legal needs! Our family travels from Beaumont Tx to the Woodlands because we are so impressed with this firm! Highly recommend!
Maria Colindres
Maria Colindres
01:48 01 Dec 21
I have the honor and pleasure to recommend the law firm KALISH LAW OFFICE and its incredible professional legal team. The lawyer SIO RAMIREZ PITRE is an excellent lawyer with an experience, Efficiency, responsibility, honesty and with a great professional approach that advises you at all times and In all aspects in your process, with her incredible and professional paralegal team who are constantly aware of your case in a responsible way, they are very responsible. Thank you MIRNA RAMIREZ, MAGGIE GONZALES, ADILENE RODRIGUEZ, for all your great work and legal advice and thank you Attorney SIO RAMOREZ PITRE for your dedication and commitment which exceeds all the required standards. I am more than grateful, very satisfied with your services ... May God always guide you to help all people that require your great work, it is my pleasure to give my recommendations to this great law firm Kalish Law Office and its team that is very Committed to help everyone.Thank you for all your support ..
Betty Jimenez
Betty Jimenez
22:05 12 Nov 21
Kalish Law Firm has been amazing with my legal needs.Mrs Sio Ramirez Pitre represented me for my divorce.Speacial thanks to Mrs Sio.Their team of lawyers, MR Bob Kalish and Mrs Laura Kalish as well as the entire staff, Paralegal Myrna Ramirez , Addy, and Maggie , all are efficient,,well informed,They always have the best interest in mind, the client and family in legal terms. I strongly recommend their legal skills.They will work hard for you.Thank you so much Kalish Law Firm.
Caitlyn Gambino
Caitlyn Gambino
20:06 12 Jun 21
This office was so professional, friendly, prompt, and detailed. They helped me with my issue and I will definitely contact them again for any future legal needs!
Dr Greg Alex
Dr Greg Alex
15:19 10 Jun 21
Probably the most complete and succinct law mind in the world will be working with you as they have with me. Bob Kalish He’s a consummate professional, and a winner through and through. Achieve your ends with confidence.
Marcy Halterman, D.C.
Marcy Halterman, D.C.
00:15 10 Jun 21
Kalish Law was a big help not only in aiding in the preparation to sell a business, but also with making sure all the dots were crossed for our estate planning needs. They make sure you understand everything and exhibit a true desire to make sure they have taken care of your legal needs. I recommend them highly!
Nancy Poblenz
Nancy Poblenz
22:55 06 Jun 21
Firm handled wills for my husband and me -they were knowledgable and answered all our questions very patiently. Bob Kalish and his team also advised us on need for durable power of attorney and guided us through the process of considering end of life issues such as DNR. Overall, very pleased with the service, the turnaround time for our documents was excellent and they were prepared exactly as we wanted.
L Fisher
L Fisher
00:40 21 Aug 20
I don't recommend Kalish Law to represent you in your divorce hearing. My case was dismissed for numerous reasons. Paperwork not being filed on time, and a missed notary seal. I never once received in a yr and half an invoice. After requesting a refund, her team sent me a bill for almost 8k! DO NOT HIRE THIS FIRM! My money was completely wasted. Oh let us not forget my child support was also dismissed as well. AGAIN DO NOT HIRE THIS FIRM!
Andrea Lau Luarca
Andrea Lau Luarca
21:22 28 Aug 19
I used Kalish Law Services I believe a year or two ago. Sio, represented me during my child support/visitation with the father of my children that was highly difficult. She discussed all the possibilities and was very explanatory on how the process would go. She was straight forward and to the point. No time wasted. I was very pleased in how my experience went with everything and the great communication sio and her staff had with me. I would use their services again if the opportunity did arise. I do highly recommend them. They are so great.
Steve Horn
Steve Horn
15:10 05 Aug 19
Bob Kalish and his team worked hard to help me with my issues.
Ashley Gonzalez
Ashley Gonzalez
22:13 15 Jun 17
Sio has been representing me for the past year and a half. She has been understanding and has truly gone above and beyond for me and my children. I would highly recommend her for any family court cases you may have going on. Sio is the best when it comes to standing up and defending her clients. Her assistants Ann and Myrna have also been wonderful answering all of my questions and emails right away. Thank you guys so much!
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