qrdb Posted March 19, 2011 Report Share Posted March 19, 2011 I received a summons today 03/19/11 to appear in general sessions court in TN in regards to Civil suit being brought against me by Midland Funding over a credit card debt they say I owe to Household Bank from 2006. I am to appear on Monday 03/21/11 and I have no clue what to expect or what to do. Can anyone help me? Link to comment Share on other sites More sharing options...
BV80 Posted March 20, 2011 Report Share Posted March 20, 2011 If you're being sued in General Sessions, hopefully this link will help. The format is a little confusing, but you'll be able to figure it out.http://www.tennlegalaid.com/Library/Documents/1196698198.59/Representing%20Yourself%20In%20Gen%20Sessions.pdf?topic_id=1000001&library=PublicWebIt doesn't say if you have to write an answer to the Complaint, but it does say that you have to show up in court, or they can get a default judgment. Link to comment Share on other sites More sharing options...
qrdb Posted March 20, 2011 Author Report Share Posted March 20, 2011 Thanks for the link! I'll get started reading it now. I dread going to court, but there is no way I'm going to let these people get a defaut judgement against me!!! Link to comment Share on other sites More sharing options...
BV80 Posted March 20, 2011 Report Share Posted March 20, 2011 Once you find out what you're required to do, we will be happy to offer suggestions based on our experiences. You also need to find out if your court's Rules of Civil Procedure concerning discovery will apply to your case since it's it general sessions. Link to comment Share on other sites More sharing options...
Prosay Posted March 20, 2011 Report Share Posted March 20, 2011 If you're being sued in General Sessions, hopefully this link will help. The format is a little confusing, but you'll be able to figure it out.http://www.tennlegalaid.com/Library/Documents/1196698198.59/Representing%20Yourself%20In%20Gen%20Sessions.pdf?topic_id=1000001&library=PublicWebIt doesn't say if you have to write an answer to the Complaint, but it does say that you have to show up in court, or they can get a default judgment.Thanks for the link ! Link to comment Share on other sites More sharing options...
Prosay Posted March 20, 2011 Report Share Posted March 20, 2011 I received a summons today 03/19/11 to appear in general sessions court in TN in regards to Civil suit being brought against me by Midland Funding over a credit card debt they say I owe to Household Bank from 2006. I am to appear on Monday 03/21/11 and I have no clue what to expect or what to do. Can anyone help me?Google: Tenn code annotated 1870-1871 or TCA 1870-1871This code was amended in June or July 2010, increasing asset protection. Link to comment Share on other sites More sharing options...
Prosay Posted March 20, 2011 Report Share Posted March 20, 2011 I received a summons today 03/19/11 to appear in general sessions court in TN in regards to Civil suit being brought against me by Midland Funding over a credit card debt they say I owe to Household Bank from 2006. I am to appear on Monday 03/21/11 and I have no clue what to expect or what to do. Can anyone help me?Had you received any prior dunning letter from MIDLAND ? Link to comment Share on other sites More sharing options...
Prosay Posted March 20, 2011 Report Share Posted March 20, 2011 I received a summons today 03/19/11 to appear in general sessions court in TN in regards to Civil suit being brought against me by Midland Funding over a credit card debt they say I owe to Household Bank from 2006. I am to appear on Monday 03/21/11 and I have no clue what to expect or what to do. Can anyone help me?I'm sending you a pm ...stand by ! Link to comment Share on other sites More sharing options...
qrdb Posted March 20, 2011 Author Report Share Posted March 20, 2011 (edited) error Edited March 21, 2011 by qrdb meant to send to private message Link to comment Share on other sites More sharing options...
BV80 Posted March 20, 2011 Report Share Posted March 20, 2011 If the hearing is simply to set a court date, then you need to find out if you can request discovery to see what they have or don't have. That's part of the fight. Link to comment Share on other sites More sharing options...
qrdb Posted March 21, 2011 Author Report Share Posted March 21, 2011 After getting served with Civil Warrant on Saturday and doing some research, I went to my Circuit Court Clerks office this AM before time for court to file a notice that I would be representing myself in court (as indicated I should do in the rules of Civil Procedure I pulled from my county's General Session Court site). I was told by clerk that there were no papers I needed to file prior to court time. I left...and then I thought maybe they are wrong. I went back with my rules in hand. When I went into the clerk's office she said "Miss court isn't until 10AM" I told her I just had a few questions. I showed her the rules for Civil Procedure and the notice to represent myself. She still would not take it saying "nobody does that". I then asked her about a Sworn Denial of Affadavit. She told me, "Oh yes if you want to deny the suit you have to do that before court, I'm so glad you came back!" I got my Sworn denial notarized and filed with the court and made copies for myself and the lawyer representing Midland Funding. When the lawyer arrived, before court, he called me outside and wanted to know if I had a Household Bank card or maybe a Sears or Home Depot card. I told him I had not had a credit card in over five years. He acknowledged the Sworn Denial and I had him sign a copy showing he had received it. He would not agree to dismiss at this time and I did not agree to settlement without proof of debt. The plantiffs lawyer told me I could leave since we agreed to continuance and I told him I would rather stay until my case was called. The judge called five cases for this lawyer before it was my turn. Out of the five, not one person showed up resulting in default on two foreclosures and three credit card debts totaling over $30,000. When my name was called the lawyer for the plantiff requested a continuance until August 1st, 2011 to provide defendant with papers showing debt owed. After court the lawyer took my address to mail proof of debt papers to me (? Discovery). He told me if I did not receive them by July to call him and gave me his number. What do I do now? Just wait for these papers or do I need to file with the court for dicovery? When I asked the clerk, she told me there was no form to file. I would appreciate any advice you can give!!!! Link to comment Share on other sites More sharing options...
BV80 Posted March 21, 2011 Report Share Posted March 21, 2011 Just to be sure and to ease your anxiety, try contacting a consumer attorney. Many attorneys give free consultations. Some will even do so over the phone. Whether in person or on the phone, ask your questions about procedure...if the Rules of Civil Procedure regarding discovery and evidence apply to General Sessions, what you need to do, are allowed to do, amount of time to do these things, etc. You may have to call a number of attorneys to request a free consultation, but, more than likely, someone will speak with you. Link to comment Share on other sites More sharing options...
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