How can a petition state that no service is necessary at this time to the respondent in a SAPCR?
Because I contacted the district clerks office I discover that a hearing was scheduled in a petition that I was named Respondent. I was never served, made aware of the conditions of the petition or its contents. I attended the hearing to discover it was a "ENTRANCE HEARING" that the court said I didn't even have to attend. The Petitioner & their Attorney did not show for the hearing and it was moved to docket for dismissal. I desire to go forward with a counter-petition but am I required to answer the original petition first even though I was never served? The court coordinator suggested that I register my address on file with the district clerk intake, which I did. Any Answers highly appreciated and needed. Also does answer have to be filed or can it be verbal at a hearing?
You can combine the Answer and CounterPetition. It would be wise to hire an attorney to be sure you include all the required things.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
First, your answer does need to be in writing and should be accompanied by your counterpetition. As for the "no service necessary", that is usually used when the Respondent is planning to sign a Waiver of Service. You will want to sit down with a local attorney to go over the particulars of your case.
Asker
My concern is this "If you have been sued in a civil suit in the state of Texas, then you must file an answer within the specified period time that is indicated on the summons you received when you were served with the complaint. Failure to file an answer, even if you have a defense, can mean that a default judgment will be entered against you. " I have never signed a Waiver of Service and I was never served? I have no attorney and legal aid has said that because of the way this petition is set up (I'm expected to agree with it) and I am in no need of an attorney. I don't agree with the terms of this petition!
You need an attorney.
