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  1. #1
    txdadof2 is offline Member
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    UPDATE: What happens if I don't respond to a summons and do not appear in court?

    What is the name of your state (only U.S. law)? Texas

    Looked up my case on the county courts website. What does the status mean:

    Type/Status
    Inactive: Disposed

    Disposed? See below to catch up to speed with my issue:

    ******2nd Post*******

    I received a "postcard" in the mail yesterday in regards to this issue (read prior post below). Apparently, I was to appear in court in 2008 when I lived in another county. The post card was from the court clerk/civil court stating that my case had been transferred to my current county and that a default judgement was made in 2008. I never was served a summons to appear in court in 2008.

    Why, after I have been living in new county for almost two years are they just now sending me mail?

    If a default judgement has been made, and my wages have not been garnished at this point--when will they start, if ever?

    Is it too late to call the debt collector and negotiate a one-time large payment lesser than the judgement amount? (About 50% less)

    What is typically the next step from here? Will I receive a letter from court asking for my social security number, etc to start garnishing wages?

    *****1st POST******
    I know this is probably a dumb question, but I truly do not know the answer. I received certified letter yesterday from an attorney's office wanting to verify my address. They are representing a debt collector for a delinquent account since 2005. I am assuming the next thing I will receive is a summons for a court hearing.

    What happens if I continue to avoid the debt? For instance, I avoid being served or I do not show up to court for the hearing? I don't need any responses such as "grow up, pay your debt, stop being a dead beat." Just simply want to know. Is it grounds for jail time for an 800.00 debt that has accrued fees and interest now in the amount of 1500.00? Will they issue a warrant for an arrest if I do not appear in court?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by txdadof2 View Post
    What is the name of your state (only U.S. law)? Texas

    Looked up my case on the county courts website. What does the status mean:

    Type/Status
    Inactive: Disposed

    Disposed? See below to catch up to speed with my issue:

    ******2nd Post*******

    I received a "postcard" in the mail yesterday in regards to this issue (read prior post below). Apparently, I was to appear in court in 2008 when I lived in another county. The post card was from the court clerk/civil court stating that my case had been transferred to my current county and that a default judgement was made in 2008. I never was served a summons to appear in court in 2008.

    Why, after I have been living in new county for almost two years are they just now sending me mail?

    If a default judgement has been made, and my wages have not been garnished at this point--when will they start, if ever?

    Is it too late to call the debt collector and negotiate a one-time large payment lesser than the judgement amount? (About 50% less)

    What is typically the next step from here? Will I receive a letter from court asking for my social security number, etc to start garnishing wages?

    *****1st POST******
    I know this is probably a dumb question, but I truly do not know the answer. I received certified letter yesterday from an attorney's office wanting to verify my address. They are representing a debt collector for a delinquent account since 2005. I am assuming the next thing I will receive is a summons for a court hearing.

    What happens if I continue to avoid the debt? For instance, I avoid being served or I do not show up to court for the hearing? I don't need any responses such as "grow up, pay your debt, stop being a dead beat." Just simply want to know. Is it grounds for jail time for an 800.00 debt that has accrued fees and interest now in the amount of 1500.00? Will they issue a warrant for an arrest if I do not appear in court?
    No, it isn't grounds for jail time. We don't have debtors prisons in the US. You don't have to respond to the attorney verifying anything. However, if you do not show up for court the debtor's claim will get rubber stamped and court costs will be added on to the debt.

    If you do respond to the attorney they might negotiate down, but since they apparently did get a judgement, they may be less inclined to negotiate down than they would have before the judgement.
  3. #3
    txdadof2 is offline Member
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    Thanks, my question though is what does "disposed" mean as far as status? Is that like "dismissed?"
  4. #4
    txdadof2 is offline Member
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    In other words, is it a closed case for good or will it likely be reopened here soon by the collector?
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by txdadof2 View Post
    In other words, is it a closed case for good or will it likely be reopened here soon by the collector?
    Disposed is not the same as dismissed. In this context I would interpret disposed as "dealt with". However, I am not an expert on the terminology in your state court's online records, therefore I am not the best person to ask.

    You might call the court clerk and ask them what "disposed" means.
  6. #6
    txdadof2 is offline Member
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    Another UPDATE

    I recently went to my new county's public court records website and saw the case. This is bothersome because I do not have a record of any sort, and it is quite embarassing that anyone can publicly view this.

    I was never served with a summons in 2008, causing me to miss the court date, and futher more causing a default judgement to be granted to collector.

    A few questions:

    1.) How do I go about checking the method of service?

    2.) What constitutes a failure of service (or whatever it is called) so that I can reopen case because I feel I was not properly notified and served with summons?

    3.) If I can prove failure of service, how do I go about reopening case to overturn judgement?

    4.) Since the default judgement was issued in another state (AR) and has since transferred venues (TX) and is considered a foreign judgement in the Texas county, will I need to file in Arkansas where judgement originated from or Texas which currently has jurisdiction?
  7. #7
    dmcc10880 is offline Member
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    Disposed = Adjudicated. Default judgment for the plaintiff.

    Why so concerned now? You had 3 years to respond. Now, you're embarrassed because your case is a matter of public record?

    As for proof of service, in the case file, the plaintiff would have a proof of service and by what means.

    You have little recourse 3 years later. And if you did in some imaginary way get a new trial, you will still have the same outcome.

    If you paid your debts, you wouldn't be in this situation.
  8. #8
    txdadof2 is offline Member
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    Quote Originally Posted by dmcc10880 View Post
    Disposed = Adjudicated. Default judgment for the plaintiff.

    Why so concerned now? You had 3 years to respond. Now, you're embarrassed because your case is a matter of public record?

    As for proof of service, in the case file, the plaintiff would have a proof of service and by what means.

    You have little recourse 3 years later. And if you did in some imaginary way get a new trial, you will still have the same outcome.

    If you paid your debts, you wouldn't be in this situation.
    Hind sight 20/20. This debt was incurred during divorce process in which ex spouse and I were pointing fingers at each other on who was going to be responsible for what. When you are going through divorce with small chidren involved, you are not concerned about an 800.00 debt, especially when your home is about to go into forclosure.

    Now that I am back on my feet and credit is starting to come back around into good standing, I want to fix things. Why is that such a bad thing? I am here for legal advice on the possibility of overturning the judgement so I may have opportunity to defend myself and present my case. Am I not allowed to be concerned now that I am older and more wise? 3 years to respond? From what date? I did not LEARN of judgement until last month!
  9. #9
    beingsued0001 is offline Junior Member
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    Quote Originally Posted by dmcc10880 View Post
    Disposed = Adjudicated. Default judgment for the plaintiff.

    Why so concerned now? You had 3 years to respond. Now, you're embarrassed because your case is a matter of public record?

    As for proof of service, in the case file, the plaintiff would have a proof of service and by what means.

    You have little recourse 3 years later. And if you did in some imaginary way get a new trial, you will still have the same outcome.

    If you paid your debts, you wouldn't be in this situation.
    Who are you to pass judgement on this person? While we are passing judgement I think you are a scumbag slimeball debt collector. Most likely could not find suitable employment in a reputable industry, so instead you prey on the weak.

    My watch is most likely worth more than your life savings.
    Last edited by m martin; 07-22-2011 at 10:29 AM.
  10. #10
    dmcc10880 is offline Member
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    Quote Originally Posted by beingsued0001 View Post
    Who are you to pass judgement on this person? While we are passing judgement I think you are a scumbag slimeball debt collector. Most likely could not find suitable employment in a reputable industry, so instead you prey on the weak.

    My watch is most likely worth more than your life savings.
    LOL... No passing judgment. You pay your bills. Like OP said, he was going through a divorce with two small children and and $800 debt didn't seem that important. Neither did his foreclosure I guess? Heck, why pay any bills?

    That foreclosure's sticking with him for 7 years. What's the big deal?

    Note to the OP... your time has gone and passed. You wouldn't have gotten a judgment against you unless the plaintiff's would show proof of service. Maybe your ex got it?
    Last edited by m martin; 07-22-2011 at 10:28 AM.
  11. #11
    beingsued0001 is offline Junior Member
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    Quote Originally Posted by dmcc10880 View Post
    LOL... No passing judgment. You pay your bills. Like OP said, he was going through a divorce with two small children and and $800 debt didn't seem that important. Neither did his foreclosure I guess? Heck, why pay any bills?

    That foreclosure's sticking with him for 7 years. What's the big deal?

    Note to the OP... your time has gone and passed. You wouldn't have gotten a judgment against you unless the plaintiff's would show proof of service. Maybe your ex got it?
    OP was not asking your advice on money management skills. Your response to his question was irrelevant.
    Last edited by m martin; 07-22-2011 at 10:28 AM.
  12. #12
    txdadof2 is offline Member
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    Because my divorce was back in 2006, over half a decade ago. This isn't something that just happened last year. I am almost 6 years older, and in better standing and wiser. Now I want to fix things.

    You know, it is a good thing to change. Not all people want to live in debt and bad credit history for their entire life. I WANT to pay the debt, I DON'T want a default judgement standing over my head when I did not have chance to appear in court.
  13. #13
    Zigner is offline Senior Member
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    Quote Originally Posted by beingsued0001 View Post
    OP was not asking your advice on money management skills. Your response to his question was irrelevant.
    ...as is yours.
    (And, interestingly enough, as is mine)

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