Quote:
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Originally Posted by Davonz
Hello all,
I have greatly enjoyed reading this board and am just starting to learn about the law. I never really knew I had any rights until I started reading all your post and now I am mad as hell that I have been made a pawn.
Question:
I went to file a civil suit today in the JP court in Dallas for a wrongful eviction. According to the rules of civil procedure I should be able to file a paupers affidavit in lieu of the usual fees. When I told this to the clerk she said I was wrong. Pressed for an explanation as to why I couldn't use the paupers affidavit she simply replied that she did not want to argue. Apparently she makes her own rules.
I ask her what rules the court followed and told her I thought they had to follow the rules of Texas Civil Procedures. She just gave me a go to hell look and told me to take it up with the judge.(former cop)
I am just a newbie at this but reading this board makes me want to fight back. I feel powerless when the clerks just give me the you idiot look.
My question is should I just buckle and pay her fee or can a newbie actually make a difference.
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Davonz, Welcome to the Forum and greets from the our most high heavenly father, his son and us here.
Righteous Anger is most effective!
Learn the Parable of the First time visitor to the Prothonotary:
their Mantra is *SUPPOSED* to be "We do not give legal advice nor answer questions.
The clerk you interfaced with violated that Mantra. Complain to the head Prothonotary.
do not ask them for advice.
Now, if the clerk refused to file because she thinks she knows the law, then your
response should be similar to:
1. i'm here to file papers with this office.
2. I'm not here seeking advice.
3. your duty is to file them, not to check my homework.
That should let the clerk know that you're doing correctly.
Otherwise do tell the Prothonotary whose office that is.
any other questions?
oh and btw, have fun doing this!
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