[dm_pb_tx]

I am being sued for credit card debt by a collections agency (Arrow Financial) that bought the debt. I showed up for the court appearance but they did not. Judge stated at the time that if the plaintiff did not show up she would rule in my favor. When they did not appear the judge nodded knowingly at me and asked "Do you wish to file a motion for a hearing to dismiss?" Understand that I know nothing about the law and I was confused at this point and answered "I am not sure." Again she nodded and restated "Do you wish to file a motion for a hearing to dismiss?" Getting the hint, I said yes.

I left the court and now I have received papers stating: The above styled case has been scheduled for Plaintiff's Motion for Summary Judgement on etc...

This is not what I would call ruling in my favor although I really do not know what this next step encompasses.

Know that I do owe the debt, I do not dispute it. My situation is that I lost an extremely well paying job 4 years ago and now I have no financial legs to stand on. My wife is disabled, we have no insurance, one small house (paid for), one older truck (paid for) and no other source of monies. I make $9 an hour and we currently owe more than $40k in medical debts. It is a struggle just to keep the utilities going. Please forgive this sob-story - just wanted to give an inkling of our situation.

I live in an area where there is no free legal aid (I tried). So, my question is: What exactly is this hearing for? I assume that if they do not show up again then the case will be dismissed. However, what happens if they do show up. I have read that Texas is a no garnishment state (not that they could get much) and I think the debt is still barely within the SOL. Can you offer any advise?

[donf]

Legal aid is for criminal cases. See if you can find a "Friend of the Court" group to assist with your case.

Also, most attorneys, will allow a free intake visit. Discuss what you can and cannot pay then. All attorney's are not parasites, most are reasonable and very ethical and honest.

What you left the court with is a summons issued to the creditor on your behalf (Plaintiff) advising them that you are filing against them.

What you are asking is that the judge dismiss the charges against you because the creditor did not appear in court at the designated time and place.

If the creditor fails to appear at the new hearing and the judge dismisses the charges, the debt is no longer owed by you. So go to the hearing, try to not open your mouth regarding your ownership of the debt and hope the other guy does not show up.

Answer yes or no to questions, don't offer explanations. This hearing is about their failure to appear, not the actual debt itself. Most judges don't like people who file and fail to appear.