Jump to content

Oral Hearing w/ Allen Adkins... what to expect?????


allamuchy
 Share

Recommended Posts

I am being sued by Allen Adkins, Austin, Texas. I was served, answered the summons, now... I rec'd certified letter informing me of an ORAL HEARING set for October. I searched the court docket and Allen Adkins seems to have been very busy in Travis County. There is about 30 said cases listed on the same day and allotted time for each.... 10 minutes. I am thinking they are in hopes of a judgement against "no shows" but I will be there.

Any one had to do this and trying to figure out what "paperwork" or "back-up" I need to bring with me other than my sob story about losing my job.

Any help would be GREATLY appreciated.

Thanks.

K.

Link to comment
Share on other sites

Any one had to do this and trying to figure out what "paperwork" or "back-up" I need to bring with me other than my sob story about losing my job.

Out of everything you can bring to court with you, that is by far 100% the one thing you need to leave at home, guaranteed!!!!

The judge will look at you, most likely with a caring look, tell you they understand and times are tough. The judge will then ask you if you would like to pay the judgment as a lump sum or work out a payment plan with opposing counsel.

Link to comment
Share on other sites

I actually replied to the summons I was served and denied everything on the grounds of no proof. Allen Adkins did not provide proof of debt nor accounting of how they actaully got the figure they were sueing for. I have to go to an Oral Hearing in October.

So..... for anyone else out there that has been through this.... are you suggesting I NOT take any paperwork to court with me and see what happens?????

Can anyone tell me what the outcome was of their oral hearing???????? I am so nervous about this I can't even sleep. I don't people intentionally decide NOT to pay their bills but when you don't have a job..... it is hard.

Thanks for ANY help or words of advice or encouragement.

K.

Link to comment
Share on other sites

The judge will then ask you if you would like to pay the judgment as a lump sum or work out a payment plan with opposing counsel.

Keep in mind if he does ask this "none of the above" is an option.

Youre not working. Even if you DO get a job you are in TX a non garnish state so they cant get your wages (prepaid) anyway.

Depending on your other assets you might be "execution proof" even if you DO lose.

The judge can not just say "you pay this/agree to pay this or you go to jail".

Remember this and you can relax a little. And I would say bring any paperwork that helps your case with you. Youve provided very little info that I can see so dont know what this might be.

Link to comment
Share on other sites

I have been sued by Allen Adkins and need to respond to the courts with a response no later than 20 days after being served, which was on September 21, 2011. allamuchy Do you have a copy of what you stated and how i should respond to the court with my answer regarding this debt?

Edited by elbeto77
Link to comment
Share on other sites

I actually replied to the summons I was served and denied everything on the grounds of no proof. Allen Adkins did not provide proof of debt nor accounting of how they actaully got the figure they were sueing for. I have to go to an Oral Hearing in October.

So..... for anyone else out there that has been through this.... are you suggesting I NOT take any paperwork to court with me and see what happens?????

Can anyone tell me what the outcome was of their oral hearing???????? I am so nervous about this I can't even sleep. I don't people intentionally decide NOT to pay their bills but when you don't have a job..... it is hard.

Thanks for ANY help or words of advice or encouragement.

K.

He was talking about your sob story. I don't know how Texas runs things so I can't tell you what documents and papers you need to bring to this hearing, but I agree with him. Your sob story is irrelevant as to whether or not you owe the debt. You're dealing with the legal system, and compassion often gets kicked to the wayside in favor of legal issues.

Link to comment
Share on other sites

I did a google search on "HOW TO ANSWER SUMMONS" and took bits and pieces from several posts but for the most part... I denied everything and asked for proof of debt. The reason I denied and asked for proof is because the amount they stated I owed was about $700 more than when I show I owed. I will dig out my paperwork and reply with more tomorrow.

Thanks.

Link to comment
Share on other sites

Yes, I was talking about your sob story, not relevent papers or documents. Of course take anything relevent. Your financial situation is not relevent.

Your going to a court of law, not a court of morality. They don't care if you are the second coming of Mother Theresa and don't have any money because you gave it to the poor, or a six time convicted felon that just lost their job for stealing from the company, have not filed taxes for the past 10 years and stand on the street corner with a homeless, please help can. Then take the money and buy beer and hookers with the charity money.

It would really help to know what the hearing is for. I've been to six in one case and they were always over something different. Are their motions pending, is it a simple status update, summary judgement hearing, ect..

Can't tell you how to prepare if we don't even know what your going to court for. If in doubt, call the court and ask what the subject matter of the hearing will be. If you walk in not knowing that, you stand zero chance.

Link to comment
Share on other sites

Well.... I guess you were the one who said "Can't tell you how to prepare if we don't even know what your going to court for." Sorry.... for CC debt in the amount of $1700.00. I was sending in minimum payment and interest was more than that every month..... spinning my wheels. Allen Adkins refused to settle for what I could pay. Now I am assuming they are hoping I don't show up so they can get a judgement. I am going to show up but don't know what to expect.

Thank-you

Link to comment
Share on other sites

I'm not trying to be rude, but that pretty much does not tell us much. I assumed it was a credit card debt and you were being sued.

What I meant was, is it an actual trial or just a pre-trial hearing, such as, for motions, or to set future dates and/or to discuss pending matters like discovery.

There are many reasons you would have a hearing. How to handle it or prepare really depends on why your having the hearing. It sounds like your defense is going to be you can't pay enough, the interest is too high, and they won't work with you.

It's great your going to show up. Your correct they do depend on most consumers to not show. However, your not going to accomplish much if your line of defense is going to be you can't pay and/or the other side won't work with you. It's just not a legal defense and will get you slapped with a judgement almost the same as not showing up and getting a default.

If they don't want to work with you, they don't have to. It's not smart, in my opinion, but is their right to use the courts to get a judgment if they wish.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.