Under the Texas Rules of Civil Procedure Rule 94, we are entering answer of affirmative defenses.
We the defendants enter an answer of affirmative defenses for Failure to Consideration. The Plaintiff failed to follow proper procedure in notifying defendants of court proceedings. The defendants received notification dated March 13, 2017 demanding full payment of past due balance. This document was retrieve form defendants mail on March 28, 2017. Documents stated that we the defendants would be furnished with a period of (30) thirty days for the date of hereof to make full payment or enter into a payment plan and there by avoid fines and/ or suspension of the right to use common area. If full payment is not received by, the Association or a payment plan is not entered into within the specified time (See Attachment A). Total noted on this document reflected the sum total of …show more content…
Furthermore, according to the writing document furnished in the Plaintiff suit we the defendants were entitled to receive notification 30 days prior to trial here in. The document states that the Plaintiff seeks recover its attorney’s fees herin. Plaintiff has made written demand upon defendants to pay delinquent assessments and cure the Property of its violation at least 30 days prior to the trail herein. Citation for court case was filed on March 1, 2017 and was deliver to defendant’s home on March 28, 2017. Other than the above documentation listed for March 13, 2017 there was no contact or notification by the Plaintiff to allow the Defendants to cure the delinquency (See Attachment B). Defendants contacted representing attorney Nia Tran via email regarding the lack of notification before filing suit against we the defendants. Ms. Tran provided all record dates of communication, which did not included a 30 days before action notification (See Attachment C). Furthermore, According the Sec.
We the defendants enter an answer of affirmative defenses for Failure to Consideration. The Plaintiff failed to follow proper procedure in notifying defendants of court proceedings. The defendants received notification dated March 13, 2017 demanding full payment of past due balance. This document was retrieve form defendants mail on March 28, 2017. Documents stated that we the defendants would be furnished with a period of (30) thirty days for the date of hereof to make full payment or enter into a payment plan and there by avoid fines and/ or suspension of the right to use common area. If full payment is not received by, the Association or a payment plan is not entered into within the specified time (See Attachment A). Total noted on this document reflected the sum total of …show more content…
Furthermore, according to the writing document furnished in the Plaintiff suit we the defendants were entitled to receive notification 30 days prior to trial here in. The document states that the Plaintiff seeks recover its attorney’s fees herin. Plaintiff has made written demand upon defendants to pay delinquent assessments and cure the Property of its violation at least 30 days prior to the trail herein. Citation for court case was filed on March 1, 2017 and was deliver to defendant’s home on March 28, 2017. Other than the above documentation listed for March 13, 2017 there was no contact or notification by the Plaintiff to allow the Defendants to cure the delinquency (See Attachment B). Defendants contacted representing attorney Nia Tran via email regarding the lack of notification before filing suit against we the defendants. Ms. Tran provided all record dates of communication, which did not included a 30 days before action notification (See Attachment C). Furthermore, According the Sec.