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Justice Court Debt Collection

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#1
What is the name of your state? Texas

Greetings Friends,

Could use some advice, any help is appreciated.

I was served papers on 6/8/2018 and I filed a general denial answer to the JP court on 6/11/2018 and sent the opposing party a copy by certified mail.

The debt is within SOL.

Did I do the right thing? Am I on the right track here? I cannot afford an attorney nor can I afford to repay the full amount or their monthly payments they suggested. I do not know what other defenses I have. Does anyone have any advice or experience with my particular situation.

I can only assume since I do not have any defenses and the debt is mine that a judgement will be awarded to the plaintiff.

Thank you for your time!
 


Zigner

Senior Member, Non-Attorney
#2
If your agreement with the other party included an attorney's fees provision, your general denial may, in fact, end up costing you more in the long run.
 
#3
If your agreement with the other party included an attorney's fees provision, your general denial may, in fact, end up costing you more in the long run.
Texas is one of the few states that in contract actions flips the usual rule for attorney's fees. Under Texas law, the default rule in a contract case is that the loser pays the winner’s legal fees unless the contract says otherwise. Thus the odds are here that attorney's fees will be added to the judgment if the OP loses unless he has a copy of the contract and can point to a provision that says attorney's fees will not be paid by the loser. So you are quite correct that he may well end up adding to his judgment if he drags out the court proceedings.
 
#5
Did I do the right thing? Am I on the right track here? I cannot afford an attorney nor can I afford to repay the full amount or their monthly payments they suggested. I do not know what other defenses I have. Does anyone have any advice or experience with my particular situation.

I can only assume since I do not have any defenses and the debt is mine that a judgement will be awarded to the plaintiff.
You're right. As long as you owe the money, they'll get a judgment.

Fortunately, you live in Texas where wage garnishment is prohibited for consumer debt. But bank account levy is still good to go so you'd best get your money out of banks, and if you were getting your paycheck direct deposited, put a stop to that now.

Then remind the creditor's attorney about no wage garnishment and suggest that they rethink the payment plan otherwise they get nothing but the ability to trash your credit with the judgment.
 
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