txsquirrel Posted October 23, 2006 Report Share Posted October 23, 2006 I'm finally getting my day in court Monday and you know, I'm not as freaked out as I should be. It's against W&A and I'm hoping that they just won't find my little case worth their time and not show up. I just wanted to tell everyone thankyou for your help, without it I would definately be a basket case tonight. I feel that what happens, happens. I've done all that I can do and as far as the suit goes, and atleast I feel informed and better educated as to the workings of this court system.Wish me luck...I'll update on what happens. link to past if curious:http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=258378 Link to comment Share on other sites More sharing options...
chilton1 Posted October 23, 2006 Report Share Posted October 23, 2006 Good luck tomorrow. joanie Link to comment Share on other sites More sharing options...
astiman Posted October 23, 2006 Report Share Posted October 23, 2006 Good luck, TX...hope all goes well 4 u Link to comment Share on other sites More sharing options...
breathing_easier Posted October 23, 2006 Report Share Posted October 23, 2006 Good luck to you, txsquirrel, we'll be thinking about you. Post as soon as you can after you return from court and let us know what happened. Link to comment Share on other sites More sharing options...
direred Posted October 23, 2006 Report Share Posted October 23, 2006 Good luck for you, bad luck for them, and let us know what happens. Link to comment Share on other sites More sharing options...
MissaFraQ Posted October 23, 2006 Report Share Posted October 23, 2006 Good Luck TXSquirrel!! Sending good vibes your way and bad vibes to W&A Link to comment Share on other sites More sharing options...
monilota Posted October 23, 2006 Report Share Posted October 23, 2006 good luck! i have my court date on wednesday and i am trying to educate myself as much as i can.please post so we know what happened.monica Link to comment Share on other sites More sharing options...
txsquirrel Posted October 23, 2006 Author Report Share Posted October 23, 2006 I showed up to court today and W&A had an attorney based locally show up for their side. The judge could see that I did my homework on the suit from all of the paperwork that I filed, but unfortunately none of it could be admisible because none of it was notarized. She could only look at what was notarized as a sworn statement. A small technicality I definately didn't expect. The plantiff's attorney knew nothing of the case. He said that he got a phone call on Thursday to see if he could show up today. The only thing he had with him was a book on Texas Civil Court Rules and the paper work they filed. The only (I guess you could say) bright point is that the judge let me know about the appeal option. She said that she couldn't guide me any direction as to what to do, but I could appeal. Through that route I could fix the mistakes(missing notarization). wink...wink...I think she was subtly giving me direction without actually crossing the line.The judge signed the judgement and I got a copy. It wasn't until I got home that I read the judgement order that she signed. It said "At the trial on this cause, Plaintiff appeared through attorney of record. Defendant did not appear." What??? I was there. The judge obviously didn't read before she signed. Does this void the whole hearing? Does anyone know what "attorney of record" mean? Is that some sort of substitution?Any suggestions or arguements as to why I shouldn't appeal. It doesn't sound as if I have anything to lose. I have 10 days to do this. I must admit that after all the stories that I've read about the judges looking on the defendant's of these kind of lawsuits had me scared. This judge didn't seem to biased, even the other attorney didn't seem judgmental. Link to comment Share on other sites More sharing options...
direred Posted October 24, 2006 Report Share Posted October 24, 2006 IThe judge signed the judgement and I got a copy. It wasn't until I got home that I read the judgement order that she signed. It said "At the trial on this cause, Plaintiff appeared through attorney of record. Defendant did not appear." What??? I was there. The judge obviously didn't read before she signed. Does this void the whole hearing? Does anyone know what "attorney of record" mean? Is that some sort of substitution?Argh!That is so completely frustrating. You should first get that judgment corrected or it will limit your chances to appeal. Call the clerk. Link to comment Share on other sites More sharing options...
Raysway Posted October 24, 2006 Report Share Posted October 24, 2006 Man! Looks like they had that default judgment already prepped against you . An attorney of record is just the lawyer that represented the plaintiff in that court for this case ( or something close to that affect ). Nothing major...Get the judgment's wording corrected and appeal that sucker. They've already paid this lawyer and will then will have to invest even more money for a $1200 debt...in an appellate court I would assume. May not be worth it to them. Good Luck! Link to comment Share on other sites More sharing options...
txsquirrel Posted October 24, 2006 Author Report Share Posted October 24, 2006 It's frustrating isn't it. This is the second time I've had a suit against me. (two different creditors) The first time I lost by sj because I didn't sent the plaintiff a copy of my answer. The clerk told me that I didn't need to. The last time I listen to one of them. So this time I sent them every scrap I had so I wouldn't have this problem. The judge said because they turned their summons in as a sworn statement, I was supposed to do the same. My answer wasn't even able to be seen. It would be nice if the local court had something to let us non lawyer types to know these little loopholes so it won't be overlooked. I wouldn't have minded so much if she looked at my paperwork and gave them the verdict, I almost expected it, but this is irritating. I'm looking into the appeal though. The only thing that may be holding me back is the fact that from what I understand, If this doesn't work, i'll be stuck for more than double the amount. Can't afford that at this point. I may just have to suck it up and try to find a lawyer to atleast look at my stuff and take his suggestion.Thanks for the input. Link to comment Share on other sites More sharing options...
Raysway Posted October 24, 2006 Report Share Posted October 24, 2006 You appear to be having trouble with procedure, so at least consulting with an attorney would not be a bad idea. I know the immediate costs can be an issue, but its kind of a trade off. If you have a good case and feel you can beat this thing you should try. The future costs of having a judgment on your reports could cost you much more. Just my opinion...Again, good luck! Link to comment Share on other sites More sharing options...
nascar Posted October 24, 2006 Report Share Posted October 24, 2006 First, I'm not versed on the appellate rules in Texas, you'll want to check me on this.Based on the information you have given, I would think that any appeal you have would only center on the question of whether the non-notarized statements were improperly withheld from evidence. I'm not sure that getting your documents notarized and attempting to re-enter them during appeal will fly. The appellate process is designed to correct procedural errors, not to present new evidence not entered at trial. Do you think the judge made a legal error in disallowing the documents? Link to comment Share on other sites More sharing options...
txsquirrel Posted October 24, 2006 Author Report Share Posted October 24, 2006 The non notarized items included everything I did. My answer to summons, admissions, interrogatories, and discovery requests. Basically, because I didn't get it stamped, I admitted guilt and defaulted the judgement. For requested documents, they only sent me a computerized printout of the account and the balance didn't match the amount that they were suing me for and they hand wrote all of their answers which I could only make out half of it. I think a clerk was supposed to type it up and never did. The judge couldn't take that into consideration.Would it be crazy to file the appeal then try to settle with the plaintiff? This was originally with the Justice of the Peace. An appeal, if I'm reading right, would put it in the County court. Link to comment Share on other sites More sharing options...
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