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 Posted: Mon Dec 04, 2006 4:30 pm Subject: How do I defend myself in lawsuit from collectors? |
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I am being sue by Credigy Receivables for a credit card debt they bought from another collection agency. They filed in Nov. 3, 2004 and I answered myself. I got a letter from the court in July 2006 that it was being dismissed. Today I received another letter from the court saying I have to appear in court Jan. 31, 2007. I called the court and Credigy decided to pursue the court action right before it was dismissed. I have no lawyer. What should I do? Thank for your help.
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tamirhosse
Joined: 04 Dec 2006
Posts: 4
Debtcc Points: 111
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| Posted: Mon Dec 04, 2006 4:45 pm Subject: Missing info........ |
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Are you disputing the debt? Age of debt and last payment? Why was last motion dismissed? State you reside in?
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jimbeem
Joined: 21 Nov 2006
Posts: 42
Debtcc Points: 1419
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| Posted: Mon Dec 04, 2006 4:47 pm Subject: |
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Does your employer offer any type of legal help? Where my brother works, one of their benefits is a one-time legal consult (per year, I believe).
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Lorri
Moderator
Joined: 27 Apr 2006
Posts: 1730
Debtcc Points: 20984
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| Posted: Mon Dec 04, 2006 5:16 pm Subject: How do I defend myself in lawsuit from collectors? |
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I live in Texas and the last payment Sept.10 2001. I am not employed and my husband was self employed and is currently trying to start another business. We have no income at this time. Dismissed may be the wrong word it may be they were closing the file due to no activity.
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tamirhosse
Joined: 04 Dec 2006
Posts: 4
Debtcc Points: 111
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| Posted: Mon Dec 04, 2006 5:27 pm Subject: Here you go......... |
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The statute of limitations to collect any debt in Texas is 4 years. Call the judge and remind him of the 4 year statute of limitations and the case will be thrown out. It is ok to leave a message but be sure to follow up and make sure the judge gets it. If not, go to court. It takes 5 minutes to tell the judge of the SoL and get it thrown out there, I doubt the collector will even show. If anyone calls you for a collection action, don't even talk to them, just hang up and walk away. If they persist, get their address and do a debt validation letter. If they say they will not give you the address you tell them the fdcpa provides for "reasonable disclosure" and they MUST give you their address, they cannot refuse. If you have more questions, feel free to ask. Do NOT under any circumstances pay a dime or agree to pay ANYTHING without a judge or lawyer present.
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jimbeem
Joined: 21 Nov 2006
Posts: 42
Debtcc Points: 1419
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| Posted: Mon Dec 04, 2006 5:39 pm Subject: How do I defend myself in lawsuit from collectors? |
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Will this work even though they filed the lawsuit in 2004.
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tamirhosse
Joined: 04 Dec 2006
Posts: 4
Debtcc Points: 111
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| Posted: Mon Dec 04, 2006 5:58 pm Subject: Not sure........ |
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Ask a judge. You can go to a courthouse anytime and sit in on hearings. You can talk with the prosecuting attorney and the judge and get opinions. If they have time they will gladly speak with you. Why did it take from 2004 to 2006 to get back to you on the original action? If you are being sued it usually takes a couple months at best to get into court. Is this a continiuance of the original action or is it dated as a new action?
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jimbeem
Joined: 21 Nov 2006
Posts: 42
Debtcc Points: 1419
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| Posted: Mon Dec 04, 2006 6:05 pm Subject: |
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This situation sounds shaky, Do you still have a copy of the letter dismissing the case? I would have a copy of the letter dismissing the case and the new letter when you go to the court house. Good Luck, keep us posted
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bdouble
Debt Samaritan
Joined: 15 Jun 2006
Posts: 356
Debtcc Points: 4465
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| Posted: Mon Dec 04, 2006 6:20 pm Subject: How do I defend myself in lawsuit from collectors? |
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I do not have the letter. This a continuance of the 2001 filling. It reads the purpose of the hearing is trial on merits. A continuance can be filed 7 days before hearing.
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tamirhosse
Joined: 04 Dec 2006
Posts: 4
Debtcc Points: 111
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| Posted: Mon Dec 04, 2006 6:49 pm Subject: You definately need legal advice......... |
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I would seek out legal advice. If you can't afford a lawyer then go to the courthouse and ask someone like I mentioned before. Bring your documentation with you. Going to court is not a bad thing, do not fear it. Your rights will be upheld and you will be treated with respect and dignity. But, you MUST be prepared. I do not know if a continuance overrides the statute of limitations, it very well might. There is a lot more to this and a lawyer in Texas can help you much better than I can. Again, agree to nothing unless you are in the presence of a lawyer or a judge. I wish I could help more. Please keep us posted as to what you learn.
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jimbeem
Joined: 21 Nov 2006
Posts: 42
Debtcc Points: 1419
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