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What is the process for debt collention suit?

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newseed

Junior Member
What is the name of your state (only U.S. law)? TEXAS

I got server about 2 months ago and filed an answer. I tried to work with the lawyer working for the plaintiff but could not come to a solution/agreement. It now looks like I will be having a non-jury trial set later for this month.

So I have a few questions and I really hope you can help in at least guide me in the right direction.

1. What are the steps I can take after I have filed my answer? Should I file for court to grant a 'New Rules' to protect my rights in court so that I do not get ambushed?
2. Should I file for a discovery requesting documents from the plaintiff that they are planning on using in court? What should I provide the plaintiff? What would be my Exhibit "A" for the court?
3. This is a non-jury trial. How can I get a pre-trial hearing instead?
4. What other motions I can or should file.

I know it's a bit much but I never done this before and I just don't have the resources to pay a lawyer. If I could then I probably could pay my debt.

Any help is much appreciated. Feel free to ask any questions.

Please note that I am blind and deaf. So forgive me if I am not clear and slow to understand.

Thank you.
 


adjusterjack

Senior Member
1. What are the steps I can take after I have filed my answer? Should I file for court to grant a 'New Rules' to protect my rights in court so that I do not get ambushed?
There is no such thing. If you think that the plaintiff presenting evidence that you owe the money is being "ambushed" then you will be ambushed and there's nothing you can do about it if you have no defense against owing the money.

2. Should I file for a discovery requesting documents from the plaintiff that they are planning on using in court? What should I provide the plaintiff?
Google "Request for the Production of Documents." You may find a sample online.

What would be my Exhibit "A" for the court?
Oh, I don't know, evidence that you don't owe the money?

3. This is a non-jury trial. How can I get a pre-trial hearing instead?
4. What other motions I can or should file.
Look, you aren't denying that you owe the money so there aren't going to be any gimmicks to make this go away.

A judgment is almost inevitable.

Your only advantage is that you live in Texas where wage garnishment for consumer debt is prohibited and the home exemption is unlimited, though once they get a judgment your bank account is fair game and, of course, your credit gets trashed if it isn't already trashed. Just make sure you never move out of Texas.
 

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