See www.vosslawfirm.com for more information.
What's the best way to respond since I live in another state? Hire a Texas lawyer - you probably will not have to travel to Texas.
Can I get this case dismissed for a defective complaint and/or service of process? Yes
Isn't there some kind of penalty for knowingly putting false info in a legal complaint? Yes
And doesn't it have to be notarized or stamped by the court clerk for it to be legal? Yes
I am assuming you are the recipient of loan proceeds from this company and have fallen behind on payments. In Texas, the Texas Debt Collection Act protects debtors who are in default from certain debt collection methods. Assuming the payday loan company would be considered a debt collector under the statute, they are not allowed to threaten that you will be arrested without proper court proceedings (however, if the company merely informed you that you could be arrested after proper procedures...
You might consider contacting an attorney immediately, especially if the company is not willing to work with you on your own. If you do have the documentation of the payments you have made, an attorney may be able to help you stop the company from repossessing your vehicle as well as getting the payments credited to your account.
Small claims is the right remedy to seek. Small claims is a lawyer free courtroom designed to hear public disputes in the presence of an actual judge.
You can visit http://www.civiltree.com/library/smallclaims/small5.php for more information on SOL issues.
You could consider meeting with an attorney and discussing this - many firms will give you a free consultation - but if you did not sign a contract with the insurance company stating the specifics of your policy, there may not be anything to sue about. I agree with the previous answer; you could probably find another insurance company that would offer you a comparable deal.
Your state may impose time limits within which the insurance company must respond. Additionally, the attorney may have included a time frame in the letter. You should consider speaking with your attorney about when he or she expects the insurance company to respond and what state laws, if any, apply in this case.
I agree with the previous comment: apply for coverage under all your insurance policies and look at the reasons the companies denied your claim. If you feel your claims have been wrongfully denied, you may want to consider speaking with an attorney in your area. Many offer free consultations and would be able to help you explore options for getting your vehicle repaired.
You should consider speaking with an attorney in your area. I agree with the previous comment - read your sales agreement and find out what actions constitute breach. If you really have made all the payments on time and you've done nothing else that would have breached your agreement, you may be able to get your vehicle back with the help of an attorney. You'll likely need proof of all your payments and any other paperwork you received form the seller.
If you've already told your insurance company you didn't know the witness, you might consider simply calling your claims representative and setting the record straight. You could explain your mistake due to the weather circumstances, your friend's health issues, etc. as you did here. The company may leave it at that.
However, if your friend has memory problems as you stated, I would probably agree with the previous answer - she may not be the best witness.