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Quick Question about Continuance

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Hi all,


My trial day is tomorrow.  Yesterday, in the regular mail,  I received a copy of the JDB's Motion for Continuance.  One year ago I was served and one year ago I answered with complete denial.  I do not believe these JDBs have standing.  Last summer we both exchanged discovery which consisted of pretty much nothing.  They claim they don't have to keep records that far back, blah, blah. 


I haven't heard a peep from the plaintiff since last July or so.  Now in their continuance they say in light of my answer they need more time to prepare.  How long does it take to admit they don't have standing? 


What I'm asking is, should I take a response to their continuance with me tomorrow asking the Court to deny their request?  I'm pretty sure an extra 60 days (after this last year) isn't going to help me.  If I do ask for a denial, what should I expect then?  To just tell the judge I question their standing?


Thank you so much in advance. 

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It's hard to say, as we don't have the particulars of your case. You said discovery was done, what did they provide you? What did you ask for that they did not provide you?

What if any other motions were filed? What evidence do they say they have, and what have you done to dispute it? Are you prepared?

It is hard to tell from your post.

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I'm sorry about that.  I do have an original thread.  http://www.creditinfocenter.com/community/topic/314231-texas-justice-civil-citation-please-help/


There were no other motions filed as of yet in my case.


In my Request for Disclosure I asked for names, experts, witness statements, indemnity and insuring agreements.  All of which was answered with "None known at this time" or "None at this time".


In my Request for Production I asked for the following (with answers):


Original signed agreement.  Answer-Objects because the creditor doesn't need to keep records over 2 yrs.

Charge slips with my signature.  Answer-Objects because it exceeds permissable scope of discovery.

Complete history of alleged account.  Answer-Same as #1

Proof of mailing monthly statements.  Answer-Same as #1

Documents establishing chain of custody of alleged debt.  Answer- Attached documents


The attached documents consisted of:

1.  A copy of a letter from the plaintiff telling me that they say I owe them money and that they are debt collectors.

2.  A copy of an affidavit of some legal specialist for the plaintiff (in VA.) saying they bought the debt in August 2010 and the amount.  It is a form that they stuck the date, name, and amount in separately. As in robo.  This is signed and notarized by their people.  I believe I can create something similar and say THEY owe ME.

3.  A copy of an Asset Sale Agreement.  My name is no where on this BOS.

4.  A copy of a record of raw data from a computer printout.  No header.  No date.  Listing my name and account information and a lot of codes.  On the last page someone had typed that it is data printed by the plaintiff from electronic records.  No sig.

5.  An old bill from the OC.



I haven't heard a word from them since receiving these answers in early July of last year. 


Thank you again for taking time to help me.


Oh yeah, they are also requesting that all deadlines are reset.

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Since court is so close, you just need to bone up on how you are going to object to these, no time for a motion in limine. I would definitely object, note they have had a year to prepare, and you are ready for trial. If they try to dismiss without prejudice, I would object to that also, ask for with prejudice so they can't refile.

I'm surprised they remembered it at all, lol. Must have been written in on the legal aids calendar. Good luck!

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All over and the only words I had to say were, "Thank you, Your Honor".   (She even excused me without me asking.  lol)


The Court denied the plaintiff's request for continuance primarily because they asked for a trial date back in March, got one, THEN realized they weren't prepared.  Go figure.  They then requested a Notice of Nonsuit which the Court happily granted... albeit without prejudice.

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