Queso

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About Queso

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  1. Thanks BackFromTheDebt. I was hoping this was the answer I would get.
  2. 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 last check (mailed on 08/14/2020) was never cashed. A notice of intent to dismiss was issued on 07/20/2020. The Hon. Judge ____ issued an order for mediation 1 month later at the drop docket. I contacted the mediator as ordered and attempted to setup a mediation date, however the plaintiff did not contact the mediator and instead filed for default judgement. All previous 19 payments were made via personal check and the plaintiff cashed each check. As the 20th payment was mailed on 8/14/2020 in the exact manner as all previous payments, It is suspected that the plaintiff received the check but did not cash it with the intent to file for a default judgement. The underlying contract in this case contains a private arbitration clause. If the plaintiff refuses to honor the agreed judgement the defendant will choose to exercise said clause and file a motion to compel arbitration. Could this be considered a meritorious defense?
  3. 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 and county do you live in? Texas, Comal 10. When is the last time you paid on this account? 10/17 11. When did you open the account (looking to establish what card agreement may be applicable)? 1998 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit served? Motions filed? Suit was served and I answered 10 months ago. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not 15. Did you request debt validation before the suit was filed? I have not 16. How long do you have to respond to the suit? 21 Days. I answered in time but nothing has happened since then. They claimed breach of contract, there were no interrogatories included in the lawsuit. Simply a list of "facts" and two counts...suit on debt and breach of contract. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They stapled a copy of the last statement to the lawsuit. 18. How did you find out about this site? Internet search This lawsuit was filed two years ago and I submitted an answer in time. In my answer I entered a general denial and claimed contributory negligence as an affirmative defense along with failure to mitigate. There has been no movement on this case in a long time. Should I let sleeping dogs lie? File for dismissal?
  4. 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.
  5. 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?
  6. 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 thinking it's unlikely they show up for it but who knows. There was an arbitration clause in the original contract with the OC. Can I assume it's much too late to pursue that road since I already signed an agreed judgement?
  7. 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."
  8. 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 mediation center as ordered to schedule an appointment?