TexasAce

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About TexasAce

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  1. So basically the court date is me showing that I did file an answer with the court and then we will move from there?
  2. Yes I have a stamped copy that I filed with the court and I did deny the allegations. I did not send a copy to the plaintiff. I thought it would be the court or plaintiffs duty to do that.
  3. Hmmmm well this seems to be weird. I know for a fact I responded in time. What should I expect from this type of hearing? What should I be prepared to object to? Also its hard to tell, but it looks like the lawyer didn't show for his last case in my area so maybe he won't show for mine.
  4. Absolutely positive. The paper i received says this A hearing on Plaintiff's Motion for Default Judgment on the above case has been set on 19th day of December, 2013 at 11 a.m. in the court of ... As Plaintiff, failure to appear for this court setting will result in dismissal of this case. As Defendant, failure to appear for this court setting will result in a default judgment in favor of the plaintiff.
  5. I haven't had a judgement against me. This is why I'm confused about why we are having a hearing. I understand that they could still admit a default judgement so is that basically what this type of hearing is?
  6. So I have a hearing on Plaintiff's Motion for Default Judgment on Thursday. What should I expect from this? Looking back it seems I probably should have got a lawyer to help me out, but seeing as I didn't what could i expect from this type of hearing and how best can I prepare for it?
  7. I filed an answer and will be filing a request for disclosure later this week. Anyone know what is next. Do I just sit around and wait?
  8. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Andrew Herreth 3. How much are you being sued for? $5097.28 4. Who is the original creditor? (if not the Plaintiff) Ge Money Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person. Given to my father 7. Was the service legal as required by your state? As far as I can tell 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I'm aware of 9. What state and county do you live in? Texas/Brazoria 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not 100% sure 11. What is the SOL on the debt? To find out: 4 Years 12. 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). Suit Served. I searched online by case number and nothing came up. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? I have 14 Days 16. 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 copy of the Charge off by Discover(Ge Money Bank). It has the first part of the account number blacked out and only shows the last 4 numbers. It has no last payment information. Also I'm not sure if this is relevant but I'm a Junior and it doesn't say Junior anywhere on this piece of paper they sent. I know my next step is to file an answer with the court, but I'm wondering if I can get any tips on how it should be worded. Also should it be a flat denial or should I request documents from them as well.
  9. I was just served a citation yesterday by Midland Funding. I need to form an answer myself. I'm interested in seeing how this one turns out.