If you want to fight it, you are in luck.
There is a great. Arbitration clause.
Your homework for the next few days is to :
1. Read up on the arbitration thread linked to in the template.
2. Search for arbitration cases in Texas, since the courts are a little different.
1. Who is the named plaintiff in the suit?
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Scott & Associates
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt? To find out:
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
14th day after the day you were served. I was served at 9pm on 12/10
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They sent a page titled "Court Debt Collection Case" and "Original Petition" basically lists the details about the Plaintiff's Claim
18. How did you find out about this site?
The lovely internet and all the great information and people on this site.
18. Read these two links:
Using Arbitration To Defend A Debt Collection Lawsuit
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
I'm new to this and looking for the best way to get this resolved. I don't have the money to pay the entire judgement in full at this time. I could possibly pay it in February so I don't know if some sort of payment arrangement would be best, but if at all possible I would prefer to fight this. Thank you for everyones time and help!!!
Not sure if you can motion to compel arbitration this late in the game. What else has happened in your case?
- Did they send you discovery requests (Admissions, Interrogatories, Doc Requests)? And did you answer?
- Did you serve them a CCP 96 request for a witness & evidence list?
- Did they send you a CCP 98 declaration/affidavit in lieu of testimony?
Don't think the short-term disability will impact what they do. In their minds, should they prevail (not saying they would), they would get the judgment and wait til the situation changes and then try to collect.