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Court on Monday, I'm in Bad Shape. Any Feedback is Appreciated.

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I have trial on Monday, February 2, I am being sued by a JDB in justice of the peace court. My mistake is that I only responded when I was served and I submitted a general letter stating that I would be contacting the plaintiff to make sure the debt was mine. Well, I never did due to a hectic schedule.

I was served on Saturday November 24, submitted my answer to the court on the Monday following the 10 days and shortly after that I received notification that I have court on February 2.

The papers I was served with from the Plaintiff said that I had 50 days for Discovery which I never took advantage of and neither did I reply to their admissions/that stuff they include with it.

I live in Texas.

The debt is still within the SOL.

They included a notarized affidavit from the original creditor as part of the documents that were handed to me.

I don’t know what to do. I’ve read and read information on the forum and I get so confused with the terminology. I don’t have money to hire a lawyer.

I plan to show up on Monday and explain to the judge that I don’t recall entering into an agreement with the JDB, that I did get behind on my credit accounts due to a medical leave for myself and my husband being laid off (which is true), that I am currently very close on my house being foreclosed and that if they can provide documentation that the debt belongs to me I am willing to take responsibility but I cannot commit to a big monthly payment arrangement. I have no idea what the judge would say at this point, he’ll probably say I am out of luck since I didn’t respond to the admissions and that automatically gives me a guilty sentence.

So if he gives me the guilty sentence, what will be put on my credit report and whatever that is, can it be removed later?

I am just trying to think of various scenarios here. What are my options? Do I have a right to request more time on Monday when I go to court to prepare for this, it’s probably too late right?

I know I messed up and I will have it bad on Monday and they will probably “grill me”. What’s worse is that I cannot locate the documents I was given when I was served so I cannot review what the details are, can I request a copy from the court? I can stop by today before they close and hopefully do my homework over the weekend to help me prepare for battle on Monday. I am in bad shape.

Any feedback would be appreciated. Thanks for your time.

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Since you've waited so long, your best bet is to show up and don't admint to anything. Don't give a sob story about your husband or your financial situation. Don't say anything about making payments. None of that matters.

Here's what I would do:

What you will want to do is to state that you have never received validation for the debt per the FDCPA. Then, whatever documents the plaintiffs show, you dispute them saying your SS# or signature is not on them and that they could belong to anybody. If they have any sort of affidavit, you dispute and say that it's not authenticated and it's hearsay.

Whatever you do, don't look scared or guilty and stand your ground. Demand to speak if they try to ignore you. A lot of times, the plaintiffs don't show or they don't have the proper evidence to prove that the debt belongs to you. Don't volunteer any information. Make them prove it.

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It's never too late to put up a fight so keep your spirits up & follow the advice provided above as that is your best shot if you cannot afford a lawyer. You're sole purpose there is to demand proof that an agreement exists between you and the plaintiff & deny until proof is supplied....nothing more, nothing less. Think of this as if you were running a business and you suddenly got a bill in the mail for $1000. Wouldn't you / your boss want some "PROOF" as to how / why this money is owed? Well it's no different for you as an individual. Demand PROOF!

You should have no more contact with the plaintiff at all whatsoever unless you plan to settle. Good luck to you in court & please let us know how things go!

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neither did I reply to their admissions/that stuff they include with it.

Failing to reply to their admissions is the same as admitting to them. They will probably be awarded a judgment against you. A judgment stays on your CR for 7 years. Based on your post you may want to consider BK.

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