side-show-bob Posted October 11, 2004 Report Share Posted October 11, 2004 Texas Civil CourtThe case involves a contract with my name on it that has the middle initial wrong, the areas for soc-sec-number and ID number blank as well as an illegible signature. I did not have the money to hire an attorney so I tried to defend myself.At the trial the Plaintiff used a technicality to win. The Plaintiff submitted a Motion for Summary Judgement because I did not respond to the Plaintiff's Request for Admissions of Facts within a 30 day period. The Judge would not even look at the contract in question because of this and ruled in favor of the Plaintiff.If I hire an attorney and appeal this, can the Plaintiff use this same Motion to instantly win the appeal too? Would it be better to let the case get cold and file a Motion to Vacate? Link to comment Share on other sites More sharing options...
admin Posted October 11, 2004 Report Share Posted October 11, 2004 Small claims, civil court - what's the venue? But typically, if you don't respond in time and don't ask for your own discovery, it is sometimes hard to present evidence after the fact. Link to comment Share on other sites More sharing options...
side-show-bob Posted October 11, 2004 Author Report Share Posted October 11, 2004 It was Texas civil court not small claims. The contract was entered into evidence by the Plaintiff as Exhibit "A" on the initial complaint, but was not considered because of the Admissions issue.Thanks for the response. I would not want to waste money on a lawyer trying to appeal the case if it does not look good. Link to comment Share on other sites More sharing options...
willingtocope Posted October 11, 2004 Report Share Posted October 11, 2004 If this is truly not your debt, then I would suggest you get in touch with your local legal aide and/or see if you can get an audience with an attorney to discuss your options. If this judgement has been recorded on your CR, AND it isn't really yours, then you've got a good case for violations of the FCRA which could earn you and an attorney some bucks.On the other hand, if it is yours...not much sense in trying to fight it now. Link to comment Share on other sites More sharing options...
anti-something Posted October 11, 2004 Report Share Posted October 11, 2004 it wasnt really a technicality, you didnt reply. the summary judgement was proper under those circumstances, unless you can prove a compeling reason for not answering, you admitted those things, unfortunately.but go with willingtocopes suggestions as to whether it really was yours or not. Link to comment Share on other sites More sharing options...
side-show-bob Posted October 11, 2004 Author Report Share Posted October 11, 2004 Thanks for all the quick responses. I am totally new to this process and I did not know that a questionnaire was so important to the case. I did respond to this but not within the 30 day period. I will take your advice WillingtocopeBy the way, this forum is the best that I have seen! The other sites only bash people like me for not hiring an attorney in the first place and offer no advice at all. Thanks again. Link to comment Share on other sites More sharing options...
willingtocope Posted October 11, 2004 Report Share Posted October 11, 2004 Glad to help. Let us know how it turns out... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 17, 2004 Report Share Posted October 17, 2004 sounds too late to me. Did you respond to teh summary judgment motion? You could have raised your issues in the motion. Apparently the judge saw nothing ( or more to the point, you put nothing before him) that suggested you had a valid defense to the action. Sorry. Link to comment Share on other sites More sharing options...
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