houtxman

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About houtxman

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  1. Just FYI - my final outcome was to settle with the help of an attorney. While initially I figured I may as well fight since I didnt have the money to pay them anyway. In all my research and review I finally decided to get it over with in this way. I believe if one has the proper knowledge and time to work through this they may be able to fight the JDB. I may have won with lawyer or on my own. In my situation I was too close to Statute of Limitations for other debts to let this one possibly get a judgement. So now although there are other debts outstanding, I am beyond SOL. So basically they cannot sue without breaking some laws in which I might be able to counter sue them if they do attempt to do so. By the way in my experience the lawyers I spoke with generally motioned toward settlement. It may have been my circumstance. However, unless like the above they blatantly sue you when beyond SOL, or they break some other Fair Debt Collection protocol. I believe it is much easier this way for them. Of course it was my choice to choose - but I definitely got the feeling settlement was the way to go. I think I got a really good settlement amount plus my lawyers fees (Majority of cost). But I am able to pay both off. I also moved this direction because at the time I saw a few that had unfavorable outcomes due to some recent changes in law. I look forward to other stories and wish you all the best who contribute.
  2. So whats happened? Sounds like the judge was acting unprofessional really. Bantering with the other lawyer, almost like you didnt have a proper chance. Anyone have any further suggestions for him???
  3. OK, so in a case where the amount is over 10K this rule (getting judge permission, is not needed). Correct?
  4. THanks so much for this! This board is an invaluable tool!
  5. Does anyone know what the change was the @donim74 is referring to here >> ?? He mentoned a change in the way Rules have changed in Texas - sound like about. I dont know that anyone is sure what this new change was. The judge told him that a month before his trial he would have been correct in the way he presented his objections. However all of his objections were overruled and in effect he lost. I think it could be beneficial to anyone reading the Texas threads..
  6. Does anyone know what the change was the @donim74 is referring to here >> ?? He mentioned a change in the way Rules have changed in Texas. I dont know that anyone is sure what this new change was exactly and how to counter it or work within the new rules.. The judge told him that a month before his trial he would have been correct in the way he presented his objections. However all of his objections were overruled and in effect he lost. I think it could be beneficial to anyone reading the Texas threads..
  7. Hi Zero, any news? Did you go Pro Se or go with Attorney. Ive been going back and forth with the idea of going pro se VS going with debt lawyer. Im finding that it seems many attorneys like to discuss settling. Less work I guess. Got a court ordered mediation coming. Wont be able to settle with them in any case, so any news is helpful. Cheers!
  8. @donim74 Thank You for posting your results. It sounds to me like you did a stand up job. I am considering going this route as well, your information will be valuable to others. I am considering chapter7 but if possible Id rather not. If I fight it would feel good to win. Otherwise, I would still qualify from what I have seen in means testing. Chapter 7 will wipe the slate clean. You have to go through quite a process and pay a lawyer to go through it. But, it sounds like you can tell all the creditors to talk to your lawyer. If you have other debts and potential lawsuits that may arise from other JDBs you may consider that route as well. I feel pretty good about it. I am way over worrying about my credit score. I think of it like this: the Banks got their bail out from the taxpayers. But then they sold our accounts to JDB, and probably financed that. So they make even more money off it. You deserve some relief too. Dont just let them levy your bank accounts if you are in a bad position. Take care of yourself and family. Cheers!
  9. Correct. If there is money in your account and you have a judgement looming.. Then you may want to get that money out of the account. Otherwise they may be able to get to it. Maybe until the judgement is resolved try getting a check from your employer and cashing it. This could allow you to be sure your bills are paid. Otherwise that money you are counting on could disappear. SOme of this is from recent info i have heard from bankruptcy atty.
  10. Nice and organized! Looks like links are broken (files not found). Anyone ReUp these?? Also anyone use these in Texas?
  11. I checked out his site. We are in different cities, so not sure if that matters.. Looks like he does handle FDCPA and possibly with no fee.....
  12. I REALLY like the sound of that. I'll look around in the forum to see if there is info on filing a countersuitt. I also have a copy of Texas Rules of Civil Procedure 2011, But I find reading here is a bit easier to understand. The book is great in some respects when you get used to it, Using the Table of Contents helps alot! Perhaps that lawyer debtzapper mentioned would be interested in the FDCPA suit. I will move quickly as mediation is scheduled in soon.... Thanks for all your suggestions!
  13. Still curious as to what happened on this thread. I have used this forum in general to craft my own answer to a Midland Funding lawsuit in Texas. I believe I did a fair job. I am sure that I mailed the attorney the answer too but they act like they did not receive and filed a motion for default Judgement. I think it was ignored because I have now been scheduled for mandatory mediation. I spoke with a contingent based lawyer (FDCPA) but he seemed interested in settling. After I mentioned I wouldn't be able to pay he said I might try to go to mediation go with same attitude that "I wouldnt be able to pay anyway" and they might not pursue. After reading further in this forum I discovered that I could go to https://www.annualcreditreport.com/ and get a free report. I managed to get one of them online, there I discovered that the card they are suing on the last payment was Feb 2009 (I wasnt sure before) - The petition the filed was on June 2013. I believe that is outside the SOL in Texas for Debt Collection (4 Years). I was thinking of bring this up in Mediation however this might be admission. However I dont want to give them any ammo. As for any background. Their orignal petition claimed (Summary): A. Discovery Level - that they intend on conducting discovery. B Parties and Service Citations. C. Venue D. Efforts to Resolve E Facts F. Count 1 Breach of Contract G. Account Stated H Damages I Conditions Precedent J Prayer I have issued a General Denial that included the claim of SOL. However, I wasnt completely sure about it until I saw the credit report. Also I am considering taking this to a NACA lawyer for the possibility of FDCPA violation (Suing on a time barred debt). Honestly I never heard of Midland before and was surprised when I got the Summons. Other than my answer, I have done no other paper work. just alot of reading here and elsewhere. Any suggestion on Mediation or if I should file any motions before mediation? So far I am all Pro se. Ive considered lawyer options but really wouldnt be able to pay them.
  14. Look forward to seeing your results.I have mediation in a month. Will handle in much the same way. I'm considering a lawyer if I lose the fortitude to research Texas CIvil Procedures etc.