What is a Default Judgment
Date: Fri, 05/04/2012 - 16:03
He said he discovered my case in the new court cases of the county I live in and says his fees for representation are much less than the amount I am being sued for. The problem is I only have social security income and barely have enough to rent, buy medicine & eat. I haven't received any summons yet. I live in TX and the debt is about 5yrs old.
What should I do next?:(
Let me ask you this---how did you arrive at the debt being years
Let me ask you this---how did you arrive at the debt being years old? This is very important.....the debt statute of limitations begins when the debt first became delinquent. If that was 5 years ago, then you dont need an attorney because the debt statute of limitations in Texas is 4 years. All you would need to do is file your answer denying their claims, and then use the affirmative defense of "expiration of statute of limitations". If this is truly the case, the court will dismiss their case with prejudice and if anyone ever tried to sue you again, all you would have to do is point out the result of this case to them.
Have you been served a summons in this case? It does not sound like you have. If you have not, you need to speak with the court clerk's office in that county ASAP and get a copy of what has been filed. Then you can file your answer and affirmative defense.
