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Texas: Lawsuit filed against me 29 days from now, was never served

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One of the "biggies" in debt collections apparently is suing me for about $3,000. However, the venue is 100 miles from where I actually live now. It's no secret where my new address is -- my driver's license, utility bills, etc. are all in my name at that address.

I've never been served. I moved from that address 8 months ago, fleeing escalating domestic abuse from my son's father. The homeowner (my very loving dad), who is there full-time, has not witnessed any attempts to serve me and has not received any sort of substitute service at the house. There is no video surveillance of anyone even walking around on the property, attempting to serve.

I only found out about it today when my dad got a "funny looking official letter" sent to me from the local judge and asked my permission to open it. It wasn't even sent certified mail, it was sent by first-class postage with a standard stamp.

Apparently I have to be in court on December 4th. The letter was postmarked November 4th. By the time we received it (today) that leaves me with 29 days.

Is it too late to do anything? I'm in Texas.

I had another creditor come after me on an overinflated re-sold debt and I fought them off successfully. 

I cannot afford a lawyer -- we are on the cusp of being eligible for public assistance, even with me working full-time, and I am a single mother.

Thank you for any insight you can provide.

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20 minutes ago, Clydesmom said:

WHEN did they sue you?  If it was prior to or very shortly after the move then they did use the correct venue and the burden shifts to you to return to the correct forum.


No clue. The letter makes no mention of that. Some process server came to the house like a month ago and left a little notice on the screen door, but he wouldn't say who he was with or what his business was. I even spoke to him on the phone and told him I hadn't lived in the county for quite some time, and even gave him contact information so I could be served elsewhere. I even asked if I could meet him somewhere to pick up the paperwork and he said he couldn't do that because it was "out of his jurisdiction." I don't know if he's linked to these folks or what, but if that is the case, then it was quite some time after I've moved away. Either way, I was NOT served, not even in a substitute fashion.


My dad's going to go hunt down the paperwork for me tomorrow at the courthouse, since I live so far away.

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