cavazos007 Posted April 17, 2008 Report Share Posted April 17, 2008 Ok so today my husband got served by some random person. He didn't get actually served I got the papers. So Hilco has filed suit against my husband in the amount of $4, 511.85. And of course he has 10 days to reply. As I can remember the last time he paid on this account was in 2005. It hasn't been passed the SOL. What should we do at this point? I need help from everywheres...Thanks guys! Link to comment Share on other sites More sharing options...
cavazos007 Posted April 17, 2008 Author Report Share Posted April 17, 2008 ****bump**** Link to comment Share on other sites More sharing options...
merrybucks Posted April 17, 2008 Report Share Posted April 17, 2008 You haven't really provided enough information. Is Hilco the OC, CA or JDB? What evidence do they have? Link to comment Share on other sites More sharing options...
cavazos007 Posted April 17, 2008 Author Report Share Posted April 17, 2008 You haven't really provided enough information. Is Hilco the OC, CA or JDB? What evidence do they have?Good question...lets see they are the CA, WAMU is the OC...as far as evidence just 2 pages long of my agreement and my account number. That pretty much it...and all this was in the court papers. Don't know what other info to give you...give me some feedback.Thanks guys! Link to comment Share on other sites More sharing options...
debtorshusband Posted April 17, 2008 Report Share Posted April 17, 2008 Can't really tell you what to do, but I'll try to lay out your options.First, you could of course call the suing attorney and ask where to send a check for the full amount they want.At the other extreme, you hire a lawyer to defend you. Then you don't need any advice here.I suspect the answer you're looking for falls somewhere in between: Acting on your own behalf (pro per or pro se) you file an answer with the court. The exact procedure and format depends on your state's rules of civil procedure. In basic terms, in your answer you challenge the plaintiff's claims and assert whatever affirmative defenses are appropriate. The next step will be Discovery, where you will demand documentation from the plaintiff proving they own the debt, showing how the amount owed was calculated, proof the debt is yours, and so on. In return, the plaintiff will ask (via a Request for Admissions) that you admit to the various points of their claims: that you applied for a credit card, used the card, didn't pay it back, and so on. You will need to respond to their Request for Admissions, and review what documentation they send you in turn.What happens after that can be any of a number of things, depending on what is produced during Discovery.I hope this helps.DH Link to comment Share on other sites More sharing options...
cavazos007 Posted April 17, 2008 Author Report Share Posted April 17, 2008 Can't really tell you what to do, but I'll try to lay out your options.First, you could of course call the suing attorney and ask where to send a check for the full amount they want.At the other extreme, you hire a lawyer to defend you. Then you don't need any advice here.I suspect the answer you're looking for falls somewhere in between: Acting on your own behalf (pro per or pro se) you file an answer with the court. The exact procedure and format depends on your state's rules of civil procedure. In basic terms, in your answer you challenge the plaintiff's claims and assert whatever affirmative defenses are appropriate. The next step will be Discovery, where you will demand documentation from the plaintiff proving they own the debt, showing how the amount owed was calculated, proof the debt is yours, and so on. In return, the plaintiff will ask (via a Request for Admissions) that you admit to the various points of their claims: that you applied for a credit card, used the card, didn't pay it back, and so on. You will need to respond to their Request for Admissions, and review what documentation they send you in turn.What happens after that can be any of a number of things, depending on what is produced during Discovery.I hope this helps.DHThanks for the info. Does anybody know what type of answer I should give. Haven't done this before...so I need some serious help... Link to comment Share on other sites More sharing options...
debtorshusband Posted April 18, 2008 Report Share Posted April 18, 2008 Have you read the Stickies at the top of this forum "If You're Suing or Being Sued"? You may find them helpful.Because state's differ, you might try starting a new thread which mentions you're in Texas, and that you need to Answer a Lawsuit.DH Link to comment Share on other sites More sharing options...
cavazos007 Posted April 18, 2008 Author Report Share Posted April 18, 2008 Have you read the Stickies at the top of this forum "If You're Suing or Being Sued"? You may find them helpful.Because state's differ, you might try starting a new thread which mentions you're in Texas, and that you need to Answer a Lawsuit.DHGreat thanks Link to comment Share on other sites More sharing options...
cavazos007 Posted April 29, 2008 Author Report Share Posted April 29, 2008 So I submitted our answer and sent a DV to the Attorney...I just got the green card...what kind of response should I receive at this point? Link to comment Share on other sites More sharing options...
Nikro Posted April 30, 2008 Report Share Posted April 30, 2008 So I submitted our answer and sent a DV to the Attorney...I just got the green card...what kind of response should I receive at this point?It depends on what kind of paper they have. I can only go on experience. When I DV'd the attorney after a summons I got Plaintiff's First Requests for Interrogatories and Production of Documents. This tells me that they don't have squat as in evidence so they wanted me to make their case for them. On a different case after I filed an answer they filed a MSJ and I had to object to the MSJ, it went to court and he apparently didn't expect me to show and he dismissed w/ prej in front of the judge. Link to comment Share on other sites More sharing options...
cavazos007 Posted May 19, 2008 Author Report Share Posted May 19, 2008 Ok I haven't received anything back. The DV is almost up for the 30 days. WHat should I do next? We haven't received anything in the mail. Link to comment Share on other sites More sharing options...
debtorshusband Posted May 19, 2008 Report Share Posted May 19, 2008 If I had to guess, I would guess your experience will by like Nikro's. They won't respond to the DV letter. They don't have to. There's a lawsuit going on. They'll send you the Request for Admissions and Interrogatories. You will have to respond to these, admitting, denying, or objecting as appropriate.You will need to send Discovery requests to the opposing attorney, to obtain the information one normally asks for in a DV.What happens next depends on what each side does during Discovery.Good luck.DH Link to comment Share on other sites More sharing options...
cavazos007 Posted May 20, 2008 Author Report Share Posted May 20, 2008 If I had to guess, I would guess your experience will by like Nikro's. They won't respond to the DV letter. They don't have to. There's a lawsuit going on. They'll send you the Request for Admissions and Interrogatories. You will have to respond to these, admitting, denying, or objecting as appropriate.You will need to send Discovery requests to the opposing attorney, to obtain the information one normally asks for in a DV.What happens next depends on what each side does during Discovery.Good luck.DHSo your saying I should go ahead and send a Discovery request? Is this a made up letter??? I'm new to this so please bare with me... Link to comment Share on other sites More sharing options...
debtorshusband Posted May 20, 2008 Report Share Posted May 20, 2008 First of all, remember I'm not a lawyer, and I don't have experience with Texas courts.That having been said, I think it would be prudent to prepare your Discovery requests. When you're done, I'm not sure if you're better off sending them off, or waiting to see what you get from plaintiff's lawyer first.The format should be on "pleading paper". It's double spaced, line numbers down the side. You can Google for more info. Microsoft Word includes a template for it.Probably the best advice I can give you is to get your hands on the book Win Your Lawsuit by Judge Roderic Duncan, from Nolo Press. It's a $40 book, but maybe your library will have it. It includes samples of these documents.In general terms, the key things you're going to ask for are:-all writings related to the alleged account-all writings related to the alleged agreement-all writings related to the assignment or sale of the accountIn layman's terms, you want a copy of what you signed, the terms of the agreement, an accounting of the amount claimed, and proof the assignment or sale of the account.The goal of the courts is to get rid of cases as quickly as possible. The purpose of Discovery is for each side to "show their cards", in the hope that someone will fold, either dismissing the case or offering to settle, without going to court. Each side must show the other their evidence that they will submit in a trial. If the case goes to trial, you will want to object to any evidence they try to submit which they did not supply to you during Discovery.Again, the best thing you can do is get that book and read it, then go from there.Good luck,DH Link to comment Share on other sites More sharing options...
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