Texas Litigation Section
texas litigation section
Can a lawsuit be Published without you being “served” first?
I live in Texas, and I just found out that I am being sued for a credit account that I have.
I only discovered this by reading the Records section of our local paper. I have never been “served” any court papers by a Constable (normal procedure), nor have I received any court papers via Certified Mail (aka “sewer service”)!
Am I being DENIED my right to “due process”? How do I respond to this effort to by-pass informing me of pending litigation?
I don’t want to allow this character a “default” judgment by not appearing, (as apparently he is attempting to arrange).
The original Creditor resorted to Evasion when questioned regarding their collection efforts. They then started using Misleading/Deceptive statements in their collection efforts. Finally they seem to have retained the services of a litigator who is as unscrupulous as they (the creditor) are. Since he made “false” statements to the Court Clerk to justify Publishing the “service”.
Sorry, but service is allowable BY publication on order of the court. Generally that occurs when the person suing you can’t find you. They go to the court, present cause as to why they should be allowed to serve you by publication, and if the court orders it, then you’re name ends up in the paper.
Call the court clerk’s office listed in the summons in the paper. Get a copy of anything that’s been filed. You can appear and contest the service if you want, but you might as well just fight the suit.
Texas Litigation
Real Estate Investments: Things To Look For In A Property Manager
There are many situations in which property owners choose to use a property manager to manage their rental inventory. One is that the property owner does not have any experience in managing rental properties. Another is that the owner may not be familiar with the laws of the district where the property is located. In some cases, the property owner may own too many properties to oversee them all. Whatever the reason, there are a few things to look for when choosing a property manager.
Property Manager Duties
One bad decision regarding the management of a rental property can cost the owner more than what it would cost to hire a professional property manager. A knowledgeable property manager can help the owner avoid many of the problems associated with the ownership of rental property. The property manager maintains the rental property and upgrades the facilities as needed. They also act as the main point of contact for the property and acts as a liaison between the property owner and the tenants. In many cases, the property manager is responsible for finding and securing suitable tenants for the rental property.
Choosing a Property Manager
When choosing a property manager, ensure that they are a full time property manager and that they do not sell real estate as well as manage properties. In recent years, the tightening of the real estate market has caused some real estate agents to supplement their income by managing properties part time. While these agents have a wealth of knowledge about the real estate market and maybe even how to obtain renters, they are often inexperienced in many of the other duties that a property manager performs, such as scheduling maintenance and hiring contractors. Although in most states both the sale of real estate and the management of property require the same licensure, the professions are very different.
Being an effective property manager requires the ability to manage multiple projects at one time, excellent communication skills, good organizational skills, and a good head for numbers. The property manager must be good at handling crisis situations, such as a burglary or a flooded basement in the rental property, and being able to help the tenants in such crisis situations. They should also be adept in recognizing potential problems before they occur. A property manager needs to be willing to pre-screen potential tenants and use discernment. A property manager who will just fill your property with any tenant so they can collect their commission, is someone you could do without. The property owner should not hire anyone who does not possess all of these qualities to be a property manager.
The property owner should ensure that the property manager is well educated in current laws regarding rental laws, court practices, lead based paint disclosures, Section 8 housing subsidies, mold remediation, and fair housing laws. Effective property management requires ongoing education in these areas to ensure that their practices are current and legally sound. When it comes to property management, education and experience really do count. The mistakes of an inexperienced property manager can wind up costing the property owner thousands of dollars in litigation fees and settlements.