Queso

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About Queso

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  1. I just saw online that the plaintiff has requested a trial setting. The court has issued a proposed order but has not signed it yet. They asked for the date to be set for at least 2 months from now. Would my best bet be to reach out to them and attempt to settle?
  2. That's what I figured but I had to double check. Thanks for the response @Clydesmom. At least the judgement is gone!
  3. Update... I filed a motion to set aside the default judgement was the motion was granted by the judge. The case is now reinstated and he said the next thing I need to do is reach out to the plaintiff's attorney to get caught up with my payments. I'm under the impression that this is my only route going forward and even though the case is now opened back up I am still subject to my original agreed judgement. I would love nothing more than to file a motion to compel arbitration, but I don't believe that's an option here. Does that sound correct?
  4. Thanks BackFromTheDebt. I was hoping this was the answer I would get.
  5. In Texas it is proper to file a Motion to Set Aside a default judgement. I need to file this by Wednesday and I am planning on filing the following as my defense: In 2019 when the case was originally opened I contacted the plaintiff and they offered an agreed judgement. Unfortunately, I was mistakenly under the belief that an answer was no longer required for my case. The agreed judgement stipulated that the plaintiff would never file said judgement so long as monthly payments were made on the alleged debt. Monthly payments have been made as agreed, however I noticed the
  6. 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? Scott & Associates, PC 3. How much are you being sued for? >35K 4. Who is the original creditor? Plaintiff 5. How do you know you are being sued? I was served 6. How were you served? In person 7. Was the service legal as required by your state? In-person or certified mail 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone correspondence a year before the suit. 9. What state an
  7. So this is bizarre and frustrating. The judge granted a default judgement against me despite the JDB not contacting the mediator. The county clerk could only suggest that I contact the JDB attorney and ask what happened, alternatively I could contact the DA's office and ask them for details. Would it be proper to file a motion to vacate the judgement here? Any help is appreciated.
  8. This keeps getting better. I saw on the county's website this morning that they filed for default judgement six days ago. As far as I know they still have not reached out to the mediator for scheduling, I requested the mediation to take place October 1. Is there a motion I should file to oppose this along considering mediation was already ordered? I assume I need to get a copy of the order and letter that was referenced on the website first?
  9. So a quick update...I called the mediation center who reached out to the judge for me with the information about the agreement. The judge said I still needed to schedule a mediation and if the initiating party does not show up or contact it my obligation to reach out to the court and let them know that. I can't think of any reason this mediation needs to occur except to cost both parties money. Rausch Sturm still has not cashed my check from August. I plan on sending in September's payment when it's due and going to mediation sometime in October via zoom. At this point I'm thinkin
  10. Thanks WhoCares! I have a copy of the agreement (not the signed version unfortunately) and proof of all 19 previous payments in the form of cancelled checks and records from their website. I'm assuming I should probably contact the mediation center next week as well? Would it be proper to file for dismissal at this point also? The agreement says "Plaintiff agrees not to execute or abstract the Judgement, or otherwise pursue post-judgement collection remedies so long as Defendant complies with the above payment terms."
  11. I was sued in January 2019 by Rausch Sturm in Texas on behalf of Crown Asset Management. The amount was for a little over 14K and it was not past the SOL. I foolishly signed an agreed judgement to pay the amount in full over the course of 5 years but they never filed the judgement with the court or any other motion. Last month the court issued a notice of intent to dismiss but instead of dismissal the judge ordered mediation. They've been cashing my checks every months for the past 19 months except for this one. What would be my best course of action here? Should I contact the me