Rec’d CITATION, got Default Judgment, Atty never responded VOD letter

[jtuttle]

Rec’d CITATION, got Default Judgmt, Atty never respond to VOD

What is the name of your state? TEXAS

Rec'd collection letter from Atty on 1/03 for unpaid credit card debt. I immediately sent VOD letter via CMRRR. Atty signed for it on 2/03. Neither Atty nor Credit Card company responded in 30 days. Atty only sent copies of CC statements on 6/03 (some 120 days after VOD request). Are the CC statements considered verification of the debt? They don’t help me at all.

On 2/04 I rec’d a CITATION from a county court (where I don’t and have never lived) at an address I have not lived at for 35 years (Atty intended to do that to waste time). I live and have always lived in a different county. I rec’d a Default Judgment because I couldn't respond in time. Wrote/called Judge to complain about intentional mis-address of the citation, he could care less. Now I have received: “PLAINTIFF’S POST JUDGMENT REQUEST FOR PRODUCTION AND FIRST SET OF INTERROGATORIES” Now what? What does this mean? Thanks to any---

 

[Ladynred]

It means they are out to find out what your assets are to decide what you have that they can take from you to pay the debt. If you don't answer the interrogatories and produce the documetns they ask for, you will be in contempt of court and a warrant could be issued for your arrest.

Calling the judge and complaining gets you nowhere - wrong way to go about it. You have to follow court procedure and file the right motions, etc. otherwise, well, you lose - and you did, even though it sounds like you might have had something to fight them with (improper venue). Hanging your hat on VOD after a lawsuit is filed is foolish unless you're ready to follow it thru all the way to court.

FYI, there is NO time limit for a creditor/collector in which to provide validation.

 

[jtuttle]

Oh great, the request letter is dated 8/17 but postmarked 8/25 and didn't get to me until much later but it was NOT filed with the court. I read a recent change in the law indicated that requests are not required to be filed any longer so how can the atty prove to the court it ever arrived to me?

I would feel more comfortable discussing this matter with a qualified attorney for my defense at this point. If any are on the board please feel free to send me a private message as time is short in replying to the request. Many thanks...