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Court ordered judgment on my Cap1 debt


blues
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While i am responsible for the debt i figured i would go to court anyway just to have the experience. Granted I have about 30K debt and will have to file chapter 7 soon, this was an opportunity to go through the process of a trial! Not so fun when my heartbeat hit about 200 after I asked the judge I would like to see a signed promissory note that attached me to the account. The lawyer fuddled around for a second and went on some tirade about 'he should of asked during discovery'. On my original answer i submitted to to the court after summons, I did just that, I asked for copy of signed application, and sent this to the law firm as well. All they sent me was a stack of past invoices, no signed application form.

 

Anyway the judge agreed with the lawyer, that it was my responsibility to get a signed promissory note during discovery phase, and i lost. The lawyer didnt have to provide one to the court at all.

Texas btw in a small town justice of the peace court. i was the only one there, and the rental lawyer from the city jail house next door.

 

I didnt have a panic attack but damn i thought i was about to! I survived, and headed straight to the bank and withdrew my last $1698 from the bank.

 

I figured arbitration was fruitless if I have to file bankruptcy anyway so I didnt follow that route. Now it time to figure out how to file bk. Sigh, those damn credit card vultures just waving free money at me in droves and expecting me to be able to pay them back at 24.99% interest lol. Live and learn.

 

EDIT: after a little more reading i understand that a stack of invoices that have regular payments is basically the same thing as acknowledging the terms of the agreement.

 

Good luck to the rest of you guys who dont want to pay your past debts, regardless of reason. We  get in over our heads every now and then.

 

Blues in TX

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