Default Judgement

[blove29]

Actually its your ignorance, because it is apparently obvious you have no clue what and how court proceedings take place once you are served, or some of your answers would reflect my legal questions. Furthermore, you seem to be more of a troll if anything instead of answering peoples legal questions.

 

[Zigner]

Actually its your ignorance, because it is apparently obvious you have no clue what and how court proceedings take place once you are served, or some of your answers would reflect my legal questions. Furthermore, you seem to be more of a troll if anything instead of answering peoples legal questions.

So, were you served or not? You don't know.

 

[blove29]

Yes I was served, thats how I was notified that I was being sued by Citibank. Then the paperwork that I was served with stated I had 30 days to file a 'notice of appearance' or a default judgment would be made. I filed my 'notice of appearance' to avoid a default judgment. Which brings up my original question of why, or why would the judge issue a default judgment when I filed my notice of appearance.

 

[Antigone*]

Yes I was served, thats how I was notified that I was being sued by Citibank. Then the paperwork that I was served with stated I had 30 days to file a 'notice of appearance' or a default judgment would be made. I filed my 'notice of appearance' to avoid a default judgment. Which brings up my original question of why, or why would the judge issue a default judgment when I filed my notice of appearance.

Because...(I've tweaked his quote a bit to serve my purpose)

In the end HE/SHE always win because HE/SHE is smarter and stronger then you

Zig, DC...this guy is done...we don't have to do it the Tony Soprano way. I'll bet you each a buck this deadbeat will be back here crying that his wages are being garnished or his back account is frozen. Let's see...I'm thinking August ~ what you do guys think???

 

[TigerD]

I realize Zigner was holding this back and probably laughing.

OP: You lost because you were dumb. It can't be sugarcoated. You were sued and you failed to follow the instructions.

Your extensive research should have informed you that you needed to file an answer to the suit. You didn't. Since you didn't answer the claims against you, a default judgment was issued.

You did everything wrong -- mainly because you are not smart enough to realize you don't know what the hell you are doing. Even if you were right and you didn't own the money, you are now paying the dumb tax.

DC

 

[blove29]

Blah what a bunch of trolls, instead of offering any advice that could possibly help me you chose to just post stupid remarks. The only 2 whose maturity level and responses were helpful would be senior judge and one other person that I cant think of his user name at the moment.

Oh and debtcollector which is I am sure what you do for a living, shouldnt you being making phone calls and having people hang up on..

 

[Texas Pooh]

Blove29,

There is no court in Texas that provides thirty days for filing an answer after receiving a summons. What court, EXACTLY, issued the summons?

Small claims court has a ten day answer period (monday after ten days). County and District Courts have a twenty day period (monday after twenty days).

You can file an answer by mail. You don't have to show up.

However, after you filed "your notice of appearance", one of three things happens.

First, there may be a motion to strike your "notice of appearance" (not a correct answer) and a motion to enter a default judgment. You have to respond to that motion and show up in court.

Second, you might be served with a summary judgment motion. You have to respond within thirty days if personally served, 34 if by mail. You must also show up in court to defend this motion (after filing an answer).

Third, if there is no summary judgment motion, a trial date is set and you must show up for that.

Something is not correct/confused in your story. I suspect that you recieved additional documents after the summons, and I suspect that different parts of the legal process are being combined or confused.

Finally, what kind of judgment, EXACTLY, was entered? default, summary or final?

Have you gone to the courthouse and gotten an entire copy of the file to answer these questions?

 

[cosine]

Actually its your ignorance, because it is apparently obvious you have no clue what and how court proceedings take place once you are served, or some of your answers would reflect my legal questions. Furthermore, you seem to be more of a troll if anything instead of answering peoples legal questions.

The legal system is, and has to be, complicated for many of the complicated cases. But it should still be functional for a pro se defendant.

In your case, I cannot answer the specifics as I do not know Texas law and procedures. There should have been something on the summons that either indicated a court date would be scheduled, an actual schedule for one, or an indication that you have to make a request for one. Where I live, any denial response automatically gets one scheduled.

You should find out what you were supposed to do to get the court hearing scheduled, and if that process was specified in the summons. Undoing this mess, however, probably is beyond doing it pro se, and you would need a lawyer now. And even then, a lawyer may not be able to undo it. I do personally know of a few cases of default judgments being undone (despite some of the senior saying it hardly ever happens). But all of them did involve lawyers and none of them were a case like yours. I don't want to get your hopes up.