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Sued But Can't Make Court Date


jubh
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I received a summons from a debt collection agency and will be in hospital recovering on the day of the summons and the week before that I will be officially moving out of state.  I want to file an answer to question the debt amount raised as they have provided no proof.  Regardless, I have been through this before and won the case against a shady debt collector requesting incorrect amount but realize these matters are probably best taken care of in-person, especially if I end up having to negotiate with their attorney.

Would there be any way to delay the answer date or court appearance?  I would honestly prefer to have it dismissed since I'll be out of state but I have an idea that it's not going to work.

Any suggestions?

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If this is just a summons, are you sure that you have to appear on the date listed?  An appearance is not the same as a hearing date.  The date could just be the date you must answer by, in which case, you can file your answer before that date.  

 

If it is actually a hearing date, you can always request a continuance, stating to the court that due to scheduled medical procedure, you are unable to attend on that date.  But I'd first make sure that it is a hearing date or a date that you must physically be present.  Normally, a date on a summons is the date by which you must file an appearance and/or answer.

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Thanks! You're right, it is a just a date to submit the summons however by time the court date, I will be living out of state for school/work.

I'm really poor, so traveling back and forth is not a good option.  I wonder if attempting to agree on a dismissal without prejudice would work.  Otherwise, I wont get the opportunity to have a fair case.

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2 hours ago, jubh said:

Would there be any way to delay the answer date or court appearance?

If they have served you there is no delaying filing the answer.  If you have answered and they have set a pretrial or trial date that can be delayed for 30-90 days for medical reasons by requesting a continuance.

57 minutes ago, jubh said:

by time the court date, I will be living out of state for school/work.

I'm really poor, so traveling back and forth is not a good option.

Unfortunately they have filed suit well before your move so this court will have jurisdiction.  It won't be possible to have it dismissed due to your relocation out of state after they filed and you have been served.

58 minutes ago, jubh said:

I wonder if attempting to agree on a dismissal without prejudice would work. 

The only way they are going to agree to dismiss is if you agree to a consent judgment and make payments.  The chances of them agreeing to a dismissal without prejudice to have to sue in another state at greater expense is slim to none.

59 minutes ago, jubh said:

Otherwise, I wont get the opportunity to have a fair case.

You very much have the opportunity for a fair case but the way the court and the Plaintiff will see it is that your personal circumstances are your issue to resolve.  They have filed timely and served you and you are subject to the jurisdiction of the court.  The burden is now on you to either appear for the hearing, settle, or hire a lawyer to appear for you.  Sorry.

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Thanks for the input! I am hoping to find a lawyer to represent me but it's last minute.  Because my medical issues will take over a month to fully recover, if I have a judgment against me due to not appearing I can possibly take care of this in my new state.

I am curious if a judgement is filled against me, since I have no assets, my guess is they will try a wage garnishment and I happen to be moving to a state where I meet requirements to be exempt from garnishment.  Does wage garnishments in one state carry over to the new state/employer?  I'm assuming it will take some time after the judgement to proceed on obtaining wage garnishments, but just curious. 

 

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2 hours ago, jubh said:

I am curious if a judgement is filled against me, since I have no assets, my guess is they will try a wage garnishment and I happen to be moving to a state where I meet requirements to be exempt from garnishment.

What state are you moving to?  Some don't allow wage garnishment at all for civil debts.

2 hours ago, jubh said:

Does wage garnishments in one state carry over to the new state/employer?

No.  They would have to domesticate the judgment in your new state then get the garnishment order and serve it on your employer.

3 hours ago, jubh said:

I'm assuming it will take some time after the judgement to proceed on obtaining wage garnishments, but just curious. 

Yes it will take time but they never start at a good time.

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12 minutes ago, jubh said:

Thanks! I'll be moving to TX. 

Then you are in luck.  Texas does not allow garnishing of wages for civil debt UNLESS your employer is in another state.  If you are living AND employed in Texas their remedies to collect are VERY limited.  Texas is a consumer friendly debt collector averse state.

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34 minutes ago, Clydesmom said:

Then you are in luck.  Texas does not allow garnishing of wages for civil debt UNLESS your employer is in another state.  If you are living AND employed in Texas their remedies to collect are VERY limited.  Texas is a consumer friendly debt collector averse state.

This is not entirely correct.  TX courts have actually ruled that out of state garnishments ARE allowed in TX.  so, you could be employed by a TX employer, that also happens to have offices in another state.  A creditor can then get a judgment against you in that other state, and because of the Full Faith and Credit issue, TX is bound by law to allow that out of state judgment to stand.  It does not even have to be domesticated first.  Just because an employer has an office in TX, does not mean that it cannot also have offices elsewhere.  Some companies have more than one corporate location--especially debt collectors.  It pays to know the specifics of your situation, who is involved, and where they are located.

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I will be employed at a state University and don't believe they would have offices in other states. I will do some research as I know universities can have field stations in other states...not sure if that would count as a separate office.

Do you think I can leverage this to get the plantiff to dismiss?  Getting sued by Calvary.

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Your best bet would be to find a lawyer to represent you in the state you're getting sued in. Then you won't have to appear in court or your attorney can file a motion for you to appear telephonically if absolutely necessary.  There are some attorneys who will take on JDB cases on contingency even.  I personally don't because JDBs fight hard on attorney fees and I find it's easier for me to help more people by just charging flat rates for my services.  But contingency lawyers make 3 times more per case than I do. So while they have to fight for their fees, it is more lucrative per case.  You might look for a consumer attorney and try that route.  Hope you get to feeling better.

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32 minutes ago, jubh said:

The cheapest lawyer I found said $700 for fees.  I don't think it will ever be an option for me. I can't even find many lawyers that specialize in this area I think because I'm not close to an urban area. 

Here's the link to the National Association of Consumer Advocates.  It will help you locate lawyers in your area.   Contact the lawyers and ask about consultation fees.  Some lawyers provide free consultations and others charge low rates.   You can schedule a consultation with an attorney just to get some questions answered.

http://www.consumeradvocates.org/find-an-attorney

Also, some attorneys will answer a few questions over the phone.   That's what I did when I was sued.  It took a number of phone calls, but a couple of attorneys were kind enough to speak with me, answer some questions, and didn't attempt to persuade me to hire them.   It wouldn't hurt to give that a try.

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On 12/28/2016 at 4:42 PM, Clydesmom said:

If they have served you there is no delaying filing the answer.  If you have answered and they have set a pretrial or trial date that can be delayed for 30-90 days for medical reasons by requesting a continuance.

This is also not correct, at least, it's not correct in all places.  In many states, you can file a motion requesting that the court allow you an extension of time in which to answer.  I have personally done this in a civil case and the court granted it without issue.  Some debt collectors, such as Caliber Home Loans, uses this trick so much that they abuse it.  I recently have seen Caliber Home Loans involved in cases where they have asked for 4, 5, 6, or even more extensions of time to answer.  For some reason, the courts often grant these without any thought, and the case can sit forever just frozen until either Caliber finally answers, or until the judge finally gets tired of the useless delays and denies the next motion.

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15 hours ago, kraftykrab said:

This is also not correct, at least, it's not correct in all places.  In many states, you can file a motion requesting that the court allow you an extension of time in which to answer.  I have personally done this in a civil case and the court granted it without issue.  Some debt collectors, such as Caliber Home Loans, uses this trick so much that they abuse it.  I recently have seen Caliber Home Loans involved in cases where they have asked for 4, 5, 6, or even more extensions of time to answer.  For some reason, the courts often grant these without any thought, and the case can sit forever just frozen until either Caliber finally answers, or until the judge finally gets tired of the useless delays and denies the next motion.

This is likely because the consumer does not know enough (or even pay attention to the case at all) to object to the continuances.  Most judges will rubber stamp unopposed things like numerous continuances even if they are against the court rules if the other party does not oppose on those grounds.

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On 1/2/2017 at 8:06 AM, kraftykrab said:

This is not entirely correct.  TX courts have actually ruled that out of state garnishments ARE allowed in TX.  so, you could be employed by a TX employer, that also happens to have offices in another state.  A creditor can then get a judgment against you in that other state, and because of the Full Faith and Credit issue, TX is bound by law to allow that out of state judgment to stand.

Quote the case law.   Absent the actual case all we have is you saying the courts have ruled that way which is meaningless.

I never said TX does not honor out of state judgments but the fact remains that Texas DOES NOT allow garnishing wages for civil debts.  The fact that the OP will be working for a state university virtually guarantees that their wages cannot be garnished for a debt judgment for a credit card.  PERIOD.  I see you are back trolling me.  Time to put you on ignore again.

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Thank you for that confirmation!

 I want to file my answer today my answer as general denial due to lack of sufficient information but I am filing under a simplified civil procedure. Not much room to enter affirmative defenses. Would it be more applicable to simply state something along the lines of, 'I reserve my right to file future affirmative defenses as more information is provided'.

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1 hour ago, Clydesmom said:

Quote the case law.   Absent the actual case all we have is you saying the courts have ruled that way which is meaningless.

I never said TX does not honor out of state judgments but the fact remains that Texas DOES NOT allow garnishing wages for civil debts.  The fact that the OP will be working for a state university virtually guarantees that their wages cannot be garnished for a debt judgment for a credit card.  PERIOD.  I see you are back trolling me.  Time to put you on ignore again.

1--You have already posted that same position previously on this forum--and then, you changed your mind.  Now, you're back to claiming the same flawed position that was already corrected at least once.  There has already been case law posted to prove it.  Stop complaining and taking everything personally that was never meant to be taken personally.  Notice the total lack of any sort of comment directed specifically at you in that post?  That's probably a pretty good hint that no one is attacking you, so get over yourself already, and fast.

2--OP's position was not something I even noticed until after I posted that comment.  Either way, it makes no difference, as there's a ton of information all over this forum that can be used as general info, not just specific to the OP's exact situation.  again, stop whining.  Everyone on this forum is sick and tired of watching you pretending to be some sort of martyr.  No one here attacked you.  Truth is the simple goal of that post, so that visitors to this forum can get correct information instead of the stuff you keep posting.  Notice how in that post I use words like "could"?  That means there's a POSSIBILITY that the OP could be affected.  Now that we know the OP works for a state university, that part of it might not apply to him, but it sure as hell can apply to a lot of other people who might come here and read the thread.  Geez, you have issues....

3--Texas DOES allow wage garnishments--just not through its own courts.  It HAS TO, because it's THE LAW.  Again, this has already been addressed multiple times on this forum.  Case law examples have been posted.  Go research "full faith and credit" with regard to this issue, and you will find things such as the following:

http://www.creditinfocenter.com/community/topic/321380-wage-garnishment-from-another-state-but-i-am-in-texas/

Within that thread, here you are, claiming that it's a violation of FDCPA for an out of state garnishment to be carried out in TX....and I thought you claimed that you never said such things??

http://www.creditinfocenter.com/community/topic/321380-wage-garnishment-from-another-state-but-i-am-in-texas/#

Here's an example of one of the cases that has been posted on this forum that proves this is not "someone trolling clydesmom" after all.....

https://scholar.google.com/scholar_case?case=2784946668815803211&q=cannot+garnish+wages+consumer+debt&hl=en&as_sdt=4,44,367,368,369,370&as_ylo=2012

"We hold that Texaco was entitled to submit the cause to the federal district court, that that court was empowered under the above mentioned statutes to determine the questions involved and that our state court was bound to follow the decision of the federal district court even if the effect would be to allow the garnishment of wages, which our state court could not do because of the prohibition of art. 3836 and art. 4099, V.A.C.S., and art. 16, § 28 Constitution of the State of Texas."

You even concluded in that thread yourself the following statement:

Quote

It is true.  If your paycheck comes from an out of state payroll it can be garnished. 

And NOW, you are back to claiming that you CANNOT have a paycheck garnished if you live in TX.  You started off in that other thread claiming the exact same thing, even saying it did not matter where the judgment came from, that TX does not allow garnishment no matter what.  You are not being trolled--you are simply posting false information and the information was corrected.  Stop trying to make it all about you for cryin out loud.  This is why you should stick to medical collections issues--because you routinely make errors and then blast people for correcting your bad information posts.  We are sick and tired of it.  You have chased people who genuinely came here for help off of this forum because of your attitude.  Do NOT pretend that your lousy attitude is somehow my fault.

 

 

 

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