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Someone is sueing me?

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  • #31
    Originally posted by 03mustangdude View Post
    It's a debt agency called Midland funding for a 6 yr old chase account


    4 years is the statute of limitations to sue for that in Texas. You're safe.

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    • #32
      You're probably receiving demand letters from attorneys. They are scare tactics. Usually they send those for past due red light camera tickets, etc.
      "When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
      "A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler

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      • #33
        Call them up and see what exactly they intend to collect.

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        • #34
          Ya but this is a real lawsuit got 10 days to respond

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          • #35
            Do you live in tarrant county?

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            • #36
              Oh, I dunno, have you maybe considered... retaining legal counsel?!

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              • #37
                Originally posted by 03mustangdude View Post
                Ya but this is a real lawsuit got 10 days to respond
                Just send a general denial answer.
                Don't just sit back and do nothing, this is what they bank on as it is what 95% of the cases do. If you do nothing they get a default judgement.
                Once you file the answer more than likely they will drop it.

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                • #38
                  Originally posted by Chopped54 View Post
                  Just send a general denial answer.
                  Don't just sit back and do nothing, this is what they bank on as it is what 95% of the cases do. If you do nothing they get a default judgement.
                  Once you file the answer more than likely they will drop it.
                  Uh, what? So if this creditor has filed suit against him, and he answers, you're suggesting that they're just going to drop it and walk away? What legal theory is that based on?

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                  • #39
                    Originally posted by 03mustangdude View Post
                    Ya but this is a real lawsuit got 10 days to respond
                    Were you served by a constable?
                    "When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
                    "A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler

                    Comment

                    • #40
                      Originally posted by CJ View Post
                      Were you served by a constable?
                      served by a process server. Based on the things I read about them they like to go to court by using the cheapest lawyers possible who know nothing but the basic stuff and any halfway decent lawyer can beat them at trial and some individuals have as well.

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                      • #41
                        Originally posted by 03mustangdude View Post
                        served by a process server. Based on the things I read about them they like to go to court by using the cheapest lawyers possible who know nothing but the basic stuff and any halfway decent lawyer can beat them at trial and some individuals have as well.
                        okay, it depends on what type of case it is. But yeah, you've definitely been sued. I thought you were talking about demand letters. Well the subpoena should cover exactly why and what they are seeking. The attorney will talk to you about it if you call them, just be careful what you say.
                        "When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
                        "A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler

                        Comment

                        • #42
                          Originally posted by GE View Post
                          Uh, what? So if this creditor has filed suit against him, and he answers, you're suggesting that they're just going to drop it and walk away? What legal theory is that based on?
                          Because that is how these junk debt buyers work. They buy his debt for pennies on the dollar, spend $80 to file suit hoping that he does not respond, most don’t. Once he fails to answer the original suit they file for a default judgment and will get it. They then file for writ of execution allowing them to confiscate any NON-exempt assets. In the State of Texas they cannot garnish wages but they can levy bank accounts so that is probably the first step for them.

                          If they see that you are not going to default on the suit most of the time they will not waste their resources fighting it in court and will move on to the next person. Hell most of the time they are not even in your city or state. A good percentage of the time they cannot even verify the debt.

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                          • #43
                            Whats a good way to answer the suit or should I just hire an attorney and have him/her take care of it?

                            Whats the usual charge for an attorney?

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                            • #44
                              Originally posted by 03mustangdude View Post
                              Whats a good way to answer the suit or should I just hire an attorney and have him/her take care of it?

                              Whats the usual charge for an attorney?
                              They are expensive as hell. Retainer is usually like 2k, from my experience.
                              "When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
                              "A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler

                              Comment

                              • #45
                                Originally posted by 03mustangdude View Post
                                Whats a good way to answer the suit or should I just hire an attorney and have him/her take care of it?

                                Whats the usual charge for an attorney?
                                PM sent

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