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Trial In Texas vs. Midland 12-10-2013


nategp
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I was served with a Citation at the end of september to appear in court. I filed an answer with the clerk so a default judgement wouldnt be taken against me. Life promptly got in the way and I never called a lawyer or did any research until about a week ago.  He politely told me that being so close to my trial that I was out of luck to retain his services. My court date is tomorrow on Dec. 10th.  I know this is so short of notice that I probably screwed myself.  Is there anything I can do to maybe get my trial pushed back tomorrow so I can try to mount an offense or am I out of luck?  This is in Texas by the way and Midland is the Plaintiff.  Meant to put that in the post topic.

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No clue what you can do at the last minute, but you might ask the judge for time to hire an attorney. This is assuming you plan on hiring one. In my state the judges have given people an extension to do this. 

 

Edit the title here to Texas so hopefully the TX members will see it. I'm sure you already know this, but your worst enemy is procrastination. As you found out even an attorney can't do this with such short notice.

Good Luck!

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Best case senecio if you have to do trial, object to their evidence as hearsay. If they produce a bill of sale, state your name is not referenced on the bill of sale, if they don't produce one, state they lack standing to sue.

If they produce statements, object to them saying they are hearsay, there is no one to testify to the authenticity of the records by a person with personal knowledge from the original creditor, or midland if they don't bring a witness. If they have an affidavit that attests to the records, and if it is from anyone other than the original creditor, object to it, they cannot testify to the accuracy of the account, they cannot authenticate the business records of another business, they have no personal knowledge of the account because they are not the originators of the account. If you can help it, don't admit the account is yours, but if you do admit it, you say something like " well I had an account with original creditor once, but I know this balance is way more than I owed" so they would need to prove the amount.

If they don't have the governing contract of the account, you would state so, etc. anything they try to introduce as evidence, you refute using the methods above. If they try to bring anything to court they have not sent you prior, object to it stating you are prejudiced as plaintiff didn't send you any of those records.

About the best you can do at this late date.

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What did they send you as evidence?

1. A statement giving their account number and the OCs account number with amount owed and saying they purchased this debt from the OC.

2. A pre-legal notification letter saying that they would sue me if I didnt respond by 2-16-2013 wanting me to call and set up a payment option.

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