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My husband has JP court tomorrow in Texas to defend himself in a lawsuit.  He was served with the Plaintiff's Original Petition and attached is one statement showing the balance, previous balance, late fee and interest charged.  Filed a General Denial and there has been no discovery or contact from Midland Funding.  He is due in court tomorrow morning and I have researched this forum and am aware of the defenses of proof a valid contract exists, proof of standing (ownership/assignment), proof that the claim is not barred by the statute of limitations. However not sure how things will proceed in court. Prepared to object to any documents they try to admit to the court.  Can someone tell me how the court proceedings in the JP Court goes and if he will need to state his defense in the beginning.  He is being sued on Breach of Contract and Account Stated and I have researched this as well.  If anyone in Texas could provide more detail as to what will happen in the JP Court and what to expect.  Thank you.

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Your not giving much info. Who is the JDB? How much is owed? Need a lot more. My though this short on time he might try and go with arb to try and run them off. He could ask the court for an extension on time so that he could file arb.

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Well JP court today didn't go well. We did no discovery and showed up in court prepared with defenses.  Attached to the Original Petition was one account statement and nothing else as far as evidence. We prepared with defenses such as... Bill of Sale to include husbands name and account number,  valid contract, account stated with affidavit and statute of limitations.  The attorney for Midland Funding slipped in evidence to court clerk on trial date (affidavit from Midland Employee and copy of bill of sale) without serving proper notice. 

 

The Judge for the JP Court allowed me to speak on behalf of my husband.  Well in a JP Court you don't object while the Plaintiff is stating their case, I was told I would get my chance.  We were able to review the evidence and I proceeded with the Bill of Sale defense, however they had provided a bill of sale and I told the Judge it was hearsay that anyone could have typed up the document. The Judge said he would allow and admit it, that the rules from the Supreme Court allowed it. At this time, I knew the Judge wasn't on my side with the smirk on his face. I then challenged the affidavit and that the Midland employee that signed the affidavit had no personal knowledge of the records kept at Chase, how they were created or stored. He then told me that he would admit the evidence as it was allowed by the Supreme Court. 

 

I then challenged the fact that my husband never received copies of these documents and read the Texas Rules of Evidence Article IX. Authentication and Identification Rule 902. Self-Authentication (10) Business Records Accompanied by Affidavit.  Which states that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided further, that such record or records along with such affidavit are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen days prior to the day upon which trial of said cause commences and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit...etc.  Well the Judge then ask the Plaintiff Midland if they had provided these documents and he stated yes and started fumbling through his paperwork and stated he was looking for the proof. Judge then asked how my husband was served and the Plantiff answered substitute service and summons had been left on the front gate of our home. Plaintiff never produced proof of notice and the Judge just skipped over it.  I asked the Judge about it being on file with the court for fourteen days pursuant to the Rule 902.10 a and he stated that they had been on file for the fourteen days and that they were attached to the Original Petition. Then it was over...he ruled in favor of Midland and ruled for Final Judgement. My husband then reminded me about the statute of limitations...I through that out there and the judge looked at the statement and read the date that was on the statement October, which was incorrect...I told him the last payment would have been in March.  He then said it was too late, that he had already ruled. 

 

I then proceeded to the clerk to find out how long the new evidence documents had been on file and she told me they had been submitted today. I asked for a copy and she had to ask the Judge and I finally did get a copy of the documents.  I asked how they could tell they were filed today and she said because she would stamp them with a stamp "Plantiffs Exhibit" and a number. She said the original petition in her file had exactly what my husbands did.  So today we felt was not a fair trial at all and were doomed from the beginning with the Judge. I believe he flat out lied about the evidence being on file for the 14 days as required by the Rule.

 

I would suggest to anyone going into Justice Court to read the Texas Rules of Civil Procedure Part V - Rules of Practice in Justice Courts and know the rules and also, read the Rules of Evidence, especially the one I referred to above Rule 902.(10).

 

I am planning to follow Rule 505.3 © and file a Motion for a New Trial...just to let the Judge know that he was not fair with this case and the possibility of a new trial.  Also, I think it will make Midland spend a little more money.

 

Oh I almost forgot, the attorney for Midland came up to me and ask me if I had and legal experience, I told him no and he said I did a good job and he thought maybe I worked in the legal field.  He was very nice and said my defenses would have worked back in 2012 but with the new rules for JP court they wouldn't. He asked how did I learn everything...from the internet?  I said yes, lots of research. He was informative and just mentioned my husband could call Midland and they would settle.  But, am thinking we'll just go ahead and file the Motion for New Trial.  Anybody have any thoughts on this?

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Good for you, sorry that you lost, but that is usually the way it goes in JP court. NOW, appeal, get on here and read and research and ask questions. Midland is easy to be in Federal court or out of JP. That's why they buy off the JP judges. Get to those that know the law. You only have so long to appeal so get on it now. Good luck. Use this day as a learning process, though in a higher court your husband may have to speak for himself.

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Can you ask for a fee waiver,  or file a motion to vacate judgment to give you more time??  This so ticks me off!!!!!!!!  In my state you have an appeal fee and the bond is if you want to stay enforcement  of the judgment.  Check your state appeal laws, and as far as your husband having to testify(mine did not)    that is a long way off.    Appeals can be won!!

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You can win. You may have to bite the bullet and hire a naca attorney or just a good consumer attorney, but it will be worth it in the long run. Let this JP judge know he won't get away with pandering to the JDB's.

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