Ed2022 Posted February 15, 2022 Report Share Posted February 15, 2022 So I got sued by MCM for a credit card debt, I answered denying every allegation made by plaintiff and requested a jury trial and then plaintiff filled a "Motion for Default" which was denied ?. Few months later I got a "Notice of Hearing" and by checking on the website to see if there's something new I found that they filled a "Motion for Continuance" that apparently got denied on the same day (about five days before the Jury Trial). I got a copy of this "Motion for Continuance", in this papers they also requested "a judgment/order to the Judge for consideration without a hearing, if possible" ? and the last paper cane of looks as if they were trying to make me believe that the court already granted their requests but has no date or Judge signature, so i believe is not valid. I'm attaching a picture with the events and orders posted by the court and also the first and last pages of the copy I received for better understanding. I know nothing about laws, just been reading here an there everything I can to defend my self (can't afford an attorney and don't have the money to pay the $4,000) and wanted to hear from someone who know about it, what is their opinions/recommendations?, am I missing something/doing something wrong? and what can I expect/be better prepared on Jury Trial? Any help is appreciated. Thank you in advance. 1. Who is the named plaintiff in the suit? Midland Credit Management 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Juan Goenaga appears on the papers that were served to me Brian Staley appears on the Motion for Continuance they just filled (apparently they are attorneys that work for MCM) 3. How much are you being sued for? 4,000 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person at my house 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Don't recall 9. What state and county do you live in? Texas - Tarrant 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: 4 Years Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Plaintiff just filled Motion for Continuance (5 days before the Jury Trial) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I responded 13 days after being served Plaintiff is seeking liquidated damages in the amount of $4,000 along with post judgment interest at the statutory rate provided by applicable law 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of sale, Affidavit of sale, Certificate of Conformity and last statement from Capital One 18. How did you find out about this site? Online search Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted February 15, 2022 Report Share Posted February 15, 2022 You left out the dates, what happen during discovery, how long has this been going on for not like a judge to deny continuance, but it looks like your having a jury trial so below are some videos that may help. @texasrocker is our Texas expert he may chime in with some advice. https://www.youtube.com/watch?v=BXVnRrGUmW4 https://www.youtube.com/watch?v=0zxT8A-A3M4 https://www.youtube.com/watch?v=xF2ZuR2-O4o&t=657s https://www.youtube.com/watch?v=bn75na059Xw&t=659s 1 Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted February 15, 2022 Report Share Posted February 15, 2022 What is your plan for trial can you attack the affidavit? IDK Texas rules. who you can force to appear as a witness or even if that's to late. remember they have to prove two things. the amount they are asking for is correct and that they own the debt. 1 Quote Link to comment Share on other sites More sharing options...
Ed2022 Posted February 15, 2022 Author Report Share Posted February 15, 2022 1 hour ago, Bulldoger said: You left out the dates, what happen during discovery, how long has this been going on for not like a judge to deny continuance, but it looks like your having a jury trial so below are some videos that may help. @texasrocker is our Texas expert he may chime in with some advice. I left out the dates because I felt it could expose me, I was served on September 2021 30 minutes ago, Bulldoger said: What is your plan for trial can you attack the affidavit? IDK Texas rules. who you can force to appear as a witness or even if that's to late. remember they have to prove two things. the amount they are asking for is correct and that they own the debt. There are some claims that I believe I can attack Never tough about a witness, could that be my wife or another family member? Probably is to late to fill a Motion to conduct discovery, right? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 15, 2022 Report Share Posted February 15, 2022 9 hours ago, Ed2022 said: Never tough about a witness, could that be my wife or another family member? @Bulldogger has NO knowledge of Justice Court in Texas. He is referring to forcing the Plaintiff to produce a witness from the creditor to attest to the records which Texas JP court does not require. I doubt it has ever been done. 9 hours ago, Ed2022 said: Probably is to late to fill a Motion to conduct discovery, right? JP Court requires permission from the Judge to do discovery. That is why they haven't sent you any either. File the motion today. The worst thing that will happen is they deny it. You don't really have many options because Cap1 removed arbitration over a decade ago so a MTC isn't going to fly. You have to defend this. Quote Link to comment Share on other sites More sharing options...
Ed2022 Posted February 15, 2022 Author Report Share Posted February 15, 2022 1 hour ago, Clydesmom said: JP Court requires permission from the Judge to do discovery. That is why they haven't sent you any either. File the motion today. The worst thing that will happen is they deny it. You don't really have many options because Cap1 removed arbitration over a decade ago so a MTC isn't going to fly. You have to defend this. Just filed the motion, hopefully get approved, thanks! Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted February 15, 2022 Report Share Posted February 15, 2022 1 hour ago, Clydesmom said: You have to defend this. How does one do this in Texas ? Seems like the court has set it up for Debtor defendant to lose. Do rules of evidence apply at least. Good thing wage garnishment is not allowed in Texas. Is your only hope sympathy from the jury? What tools does a defendant have to win a debt case in Texas how should the OP prepare for trial. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 15, 2022 Report Share Posted February 15, 2022 6 minutes ago, Bulldoger said: How does one do this in Texas ? What have you been doing since they served you? If you are going to represent yourself you have to do the work to know what to attack and how in court. 7 minutes ago, Bulldoger said: Do rules of evidence apply at least. They do but are you familiar with the rules of civil procedure for Justice Court? Those are the 500 section rules. 7 minutes ago, Bulldoger said: Is your only hope sympathy from the jury The judge will explain the law to the jury. While they may have sympathy for you if the Plaintiff meets the burden of the law you lose. You have to have a LEGAL reason as to why you didn't pay. Job loss, medical debt, health problems, foreclosure etc. are all reasonable explanations but are not a legal defense to default. Quote Link to comment Share on other sites More sharing options...
Ed2022 Posted February 15, 2022 Author Report Share Posted February 15, 2022 My motion was denied ? Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted February 15, 2022 Report Share Posted February 15, 2022 1 hour ago, Ed2022 said: My motion was denied ? Study up. https://www.collincountytx.gov/justices_peace/Documents/JP Supreme Court Rules.pdf especially rule 508.3 (b) 4 and (b) 5 Business Records exceptions to the Hearsay Doctrine here is an AZ supreme appeal case about business records https://www.youtube.com/watch?v=0dr6W5n8WE8 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 15, 2022 Report Share Posted February 15, 2022 1 hour ago, Bulldoger said: Study up. https://www.collincountytx.gov/justices_peace/Documents/JP Supreme Court Rules.pdf especially rule 508.3 (b) 4 and (b) 5 Business Records exceptions to the Hearsay Doctrine here is an AZ supreme appeal case about business records https://www.youtube.com/watch?v=0dr6W5n8WE8 Unfortunately, an AZ ruling isn’t going to apply in any other state. It’s amazing how differently individual state courts can rule on evidence. However, be sure and save that video for any AZ posters that may need help in the future. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted February 16, 2022 Report Share Posted February 16, 2022 Understand, just thought it was a good video on understanding inclusion of business records in general 508.3 b4 and 5 mimic the rules 803.6 federal rules. The case is not even precedent in AZ. 1 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 16, 2022 Report Share Posted February 16, 2022 7 hours ago, Ed2022 said: My motion was denied ? I am not surprised it was worth a try though. There has to be a certain amount of time for the discovery to be completed and five days before a jury trial is not enough. Quote Link to comment Share on other sites More sharing options...
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