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Leroy Brenardo Scott

Leroy Scott’s Answers

299 total

  • I have a Jurisdictional Question. A suit was filed against me in Texas. I am a New York resident who has been living abroad.

    A Civil suit has been filled against me in Texas. I have no Presence, no Domicile or Place of Business nor do I have any Minimum Contacts in the State of Texas. I also do not Consent to a Texas court as having jurisdiction over me. I have Just ...

    Leroy’s Answer

    I agree that you should have a lawyer file a special appearance to challenge personal jurisdiction. Please note that your question does not have all the information required to make a determination of jurisdiction. For example, there is no information about what kind of suit and where the cause of action accrued.
    The court may have jurisdiction if:
    If the suit is about something that happened in Texas (e.g., an accident while you visited Texas once);
    The suit is about land in Texas;
    The suit is about defamation of someone located in Texas;
    The suit is about something you sent into Texas; or
    The suit is about breach of contract and the contract had a fourn selection clause.
    This is not an exhaustive list.

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  • I was notified that I have two arrest warrants for bad checks. How can I clear this up without being arrested?

    I am not certain where this came from

    Leroy’s Answer

    Who notified you? Normally people do not get notification that there is a warrant for their arrest; they just get arrested or maybe they hear from family or friends that the sheriff came looking.

    If there is a warrant, you can hire an attorney to help you. How I've done it is to see a judge and ask the judge to set the bond and waive booking and arraignment (the judge may be hesitant if no case has been filed or assigned to their court, which will likely be the case). Then I go with client and the court order to post bond. Then client gets checked in and processed and goes home, thereby skipping jail.

    If the wanted person does this on his or her own, he or she might get arrested on the spot.

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  • I'm being suit for old debts by a collection agency, what should I do?

    There is a collection for a vehicle and credit cards, amounts to $17764

    Leroy’s Answer

    File a written answer and serve a copy on the plaintiff. If by "old" you mean your last default was arguably over 4 years ago, you also need to say that the time limit to sue has passed because the date of the alleged default was DATE and the suit was brought on DATE.

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  • How many admissions, request for production and interrogatories can you ask for?

    I have read answers that say there are unlimited requests for admissions

    Leroy’s Answer

    Trick question! The number of interrogatories depend on the governing discovery level. Fifteen for level 1 and 25 for level 2. There are no set limits for requests for production or admission, but if you try to make 100,000 requests to annoy the other side, they will file a motion for protection.

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  • Lawyer never met with me in person, just kept me informed how my case was going. then he stopped calling and started texting.

    our case was a negligent case but he let it go 2 years before acting on it.

    Leroy’s Answer

    If your attorney is still responding to you, please find out if a lawsuit was filed and served before the limitation period ran. Sometimes a case can take a long time be resolved. And sometimes when you give your lawyer the ok to file a lawsuit, he or she may do the work in the background without telling you about every step taken. As the client, you might not need to do anything but help with discovery responses, appearing for depositions, or signing affidavits. The main point of hiring an attorney is for him or her to do the work for you. However, if you are concerned about your case, you should contact the lawyer/firm for an update. If a lawsuit was filed, you can get a cause number and the court it was filed in. You can call the court or check online to verify.

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  • UBER weaseled their way to avoid paying for damage caused by their customer !!!! Can I sue them?

    I drive for UBER and a Drunk passenger scratches my car paint job by kicking the car because he is too drunk, I submit a claim with UBER, an adjuster calls me and says that since I only have liability then I am not covered, and even if I had full ...

    Leroy’s Answer

    You might need to review your contract with Uber. If there is a clause thay says they are not responsible for damages caused by passengers, then you might not be able to get them to pay. Of course the passenger would likely be liable for this own actions.

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  • Is it legal for my apartment complex to ignore Property Code 92.0161?

    Hello, last year I was sexually assaulted in my apartment,filed a police report,had an exam done at hospital,filed with Hays-Caldwell Women's Center and gave all the documents to my apartment complex and by law, I was supposed to have 30 days to b...

    Leroy’s Answer

    In my short tenure as a lawyer, I have learned that the law just kinda sits there and does nothing unless someone seeks to enforce it. If they are trying to collect on a debt that the law says you do not owe, you have to seek to enforce your rights. Your first step will probably be to dispute the account on your credit report. Explain your situation, cite the law you are replying on, and attach your supporting documents. Chances this was an oversight and they will quickly correct the credit report entry.

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  • I am being sued by a debt collector in texas

    december 2008 I got a credit card. December 20, 2010 is my last payment date. Account was closed on January 31, 2011. Petition was filed with the court on November 20, 2014. The officer recieved the papers on December 11th 2014 and served them to...

    Leroy’s Answer

    You may still have a SOL defense it the suit was filed before the SOL, but you were served after the SOL. A plaintiff must exercise due diligence in serving the defendant. You have to plead and prove your SOL defense, otherwise you can still lose.

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  • Can processors call a person residence before serving papers

    I received a call today from a Jason Molder telling me that he was going to serve me court papers in the next few days...If I did not get in contact with a company for a old payday loan...Can they do this or is this just a scam from a payday loan ...

    Leroy’s Answer

    If the process server called you saying he has court papers, then a lawsuit must have already been filed. If he calls back find out which court the suit was filed in. You can call the court and verify that a lawsuit was filed against you. Obviously, if the process server hang up or refuses to answer, it is likely a scam.

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  • Resending discovery request that was returned "undeliverable"

    I sent a request for production of documents to two defendants by certified mail. One defendant received it and the other one was returned to me as "undeliverable" it was returned due to my inadvertently putting the wrong building # in the address...

    Leroy’s Answer

    Your discovery requests should be directed to the defendant(s) you want to respond, but they should be served on all the other parties as well. So, your requests will say something like "To Defendant 1, by and though its attorney of record...." but your certificate of service will show that you served the document on everyone.
    Send the corrected request to the defendant who did not receive the document the first time.
    It should say "To: [name of defendant], by and though his attorney..."
    Also, send a copy of the new request to defendant who was already served. It should not restart that defendant's time to respond.

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