small claims court

[bgpearson]

texas,

I was served with papers stating I was being sued in small claims court for 1,050 together with attorney's fees, cost of court, interest as provided by law and general relief. The person sueing and I agreed to meet a week and a half ago to discuss repayment. I arrivced at the agreed upon place and she never showed up, I contacted her several times in the last week and received no return phone calls. My question: I have to file a written answer with the Clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of ten days after being served or a default judgment may be taken against me. I would like to settle this affair with the Plaintiff without going to court, how may I accomplish this, if the Plantiff does not return any of my phone calls. Secondly, if a default judgment is determined, can payment arrangement still be made?

 

[JETX]

Though somewhat unusual for the Plaintiff to not be interested in 'settling' this matter, there is no obligation for her to discuss settlement with you.

You are partly incorrect about a default being awarded if you don't respond. A response to protect your rights would certainly be in order, but is not required. Here is how it works... after the expiration of the provided response time or after your response is filed, the Plaintiff can contact the court and request a 'setting date'. The court will then set a time and date for trial. You can show up at the appointed time and announce ready for trial whether you filed a response or not. If you do not show up at the appointed time, a default judgment will be rendered against you. In any case, I would suggest that you file a very simple 'general denial' response (Small Claims in Texas is very informal). Once your response is filed, you can still make every effort to settle without trial.

One other thing, you said her complaint asks for attorney fees. Is she represented by an attorney?? If so, you need to contact him/her and discuss settlement, not the Plaintiff.

As to the issue of default judgment.... Once a judgment is rendered, either by trial or default, you can certainly attempt to negotiate a settlement, but the creditor is under no obligation to accept anything less than full immediate payment. From your post, it seems apparent that you acknowlege you owe a debt (at lease some or all claimed). From that, I assume your desire to 'discuss repayment' is to establish some payment plan. If so, I commend your desire to resolve this, but the Plaintiff is under no obligation to accept less than immediate full payment.

 

[bgpearson]

Thanks so very much for the information. Yes, she did hire an attorney to file the papers (I guess). I appreciate the help that you have given me thus far. Of course, in reviewing your response a few more questions come to mind. Hope I am not taking up your valuable time, but it is greatly appreciated. The questions are: What does a simple 'general denial" response mean? Does it mean that I am denying all claims to owing this debt? The amount owed is incorrect and I dispute what she claims. If I file a response, can I then contact her attorney and discuss settlement and will this stop us from going to trial? Once again, I thank you for your valuable time.

 

[JETX]

Q1) What does a simple 'general denial" response mean?
A1) Basically, it is a simple answer to their complaint saying "prove it or lose". You have a couple of options: Check with your local Small Claims court to see if they have a form, or go to your local library and get a 'laymans' book on Small Claims or court actions (there should be a form or sample in the book). It basically says, "Defendant denies each and every, all and singular, the allegations of Plantiff's Original Petition and demands strict proof thereof and of this he puts himself upon the Court.", you can further state why this suit is invalid or improper, or your defense. This form is then filed with the court (Note: there are time constraints for this filing!!).

Q2) Does it mean that I am denying all claims to owing this debt? The amount owed is incorrect and I dispute what she claims.
A2) Yes, you will be denying all claims and asking for the Plaintiff to prove her claim.

Q3) If I file a response, can I then contact her attorney and discuss settlement and will this stop us from going to trial?
A3) Filing the response doesn't stop you from going to trial, but protects your rights to a trial and notifies the court (and the Plaintiff) that you will be challenging the claim. The only way to 'stop' the process is to come to a settlement agreement with the Plaintiff and for her attorney to close the file (Non-Suit) with prejudice.

If you want to try to negotiate a settlement, you can do this at any time by contacting her attorney (the one who filed the suit).