Search the Community
Showing results for tags 'New Trial Granted'.
Hello -- I am a newbie here so if I am in the wrong place please let me know and I will make the correction immediately.My question is simple I am pretty sure---I am in Texas and I had a debt collector get a summary judgment on me (they were tricky--they hid the hearing date from me so I was not in attendance). I made a motion for a new trial and it was granted. I have looked everywhere and cannot find anything about what my next move is. I found one appeals court case that said getting a new trial granted is like starting all over again however---I doubt the debt collector is going to serve me again with an Original Petition. So what should my next move be....The actual trial is set for sometime in April of next year. I don't think it would be wise to wait for this date knowing how aggressive this collector is. I was not going to list what I have done so far in an effort to keep this simple but after some thought, I have decided to go ahead and include the contents of a Certified Mailing I just sent to the court and to the debt collector (attorneys) a couple of days ago. The mailing included:1. Defendant's (my) Answer to Plaintiff’s Original Petition (denying all and including a bunch of applicable affirmative defenses)2. Plea to the Jurisdiction (The original petition only says the plaintiff owns the debt--but not how they came to own it--a lack of standing issue). 3. Exhibit A Plaintiff’s Original Petition (3 Pages) (as a courtesy to the judge -- trying to make it easier on him)4. Order for Dismissal/Non-Suit (probably wishful thinking on my part but just in case)5. Request for Disclosure (In the Summary Judgment the plaintiff had 4 affidavits that are all pretty weak---most of my discovery centers around denouncing the affidavit information even though I know they don't exit legally yet) which also included the following:a. Defendant’s Request for Admissions,b. Defendant’s Request for Production of Documents andc. Defendant’s Request for Interrogatories.d. Affidavit: Plaintiff’s Answers to Defendant’s Interrogatories (Notarized)(for the Plaintiff to sign) Hopefully what I have done so far does not over complicate the issue for some person who answers---my question is simply...if I had done nothing so far, what would my first move be?? What would you do?? I want to thank you in advance for any information that comes my way---I am so impressed with many of the folks who make up this forum!