Legal Question in Civil Litigation in Texas

On october 12, 2012 my neighbor backed into my car around 7:20 a.m. My car was parked in a parking spot by my apartment and she tottaled my car.We happen to have the same insurance company but we both only have liability coverage. Our insurance informed us that she did not have insurance at the time of the accident but before the cops came to the scene she payed her insurance over the phone. So the insurance can not take care of my car.The damages came out to be over 5,000. She has not kept in contact with me nor answered my calls. I filed a civil suit against her and she has failed to contact the courts. Now the court is saying I need proof that she lives there since she is not cooperating with me, the sheriff, or the courts. How do I get proof?


Asked on 3/23/13, 9:45 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

You can file a motion in the court to have her served by alternate means, such as having the constable tape the notice of the lawsuit to her door. If she fails to cooperate with the court after being served, then you may be able to file for a default judgment. Because the damages are high, and she was uninsured at the time of the accident, you may ask the court to suspend her license.

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Answered on 3/24/13, 3:09 am


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