View Full Version : Hello I'm new and can't wait to meet everyone
struck67
Feb 20, 2009, 04:43 PM
Hello~ I'm Deanna from Texas Woo hoo, I have some Questions about being sued. I have been served papers stating I have 20 days from the date on the next Monday.. Ok? The date I was served was Feb 18, it says I need to do admissons, so that is what I am working on.. If someone knows or can point me in the right direction, That would be AWESOME! Thanks..
George_1950
Feb 21, 2009, 07:10 AM
Hi Deanna: welcome to AMHD. Read, write, and enjoy! You may want to repost your question in one of the 'legal' areas and get more notice.
You may have two jobs: 1) answer the suit/claim; you must be able to truthfully deny the claim, or the plaintiff may take a judgement against you. And, 2) how many questions? Can you post them? Again, you don't want to 'admit' what you are denying in your answer, or it may all be over.
Clough
Feb 21, 2009, 02:50 PM
Hi, struck67!
Greetings and WELCOME to the site! I just moved your question that you had posted in Introductions to this forum topic area so that it will get the most exposure to those who are best able to answer it. Introductions is for people to introduce themselves and we try to not ask questions there.
I'm assuming that this is something concerning small claims. If it isn't, then I apologize.
It can be a little confusing when first learning how to use this site! Your question will get noticed much more in this forum topic area.
We would appreciate it if you would return to Introductions sometime to tell us a little about yourself though, if you would be willing to do that.
Thanks!
JudyKayTee
Feb 21, 2009, 03:04 PM
What type of action and what is your defense?
ScottGem
Feb 21, 2009, 03:05 PM
You really need to read things more carefully. This was moved because the Intro area is clearly marked as not for asking questions. The summons will detail the action against you and what you have to do now.
If you want more help you need to details what you are being sued for.
struck67
Feb 21, 2009, 06:10 PM
I'm sorry I posted in the wrong place. I really appericate all the help I can get.. I'm a school teacher and can't really afford to hire an attorney.. . I'm being sued by Unifund CCR partners Assignee of Palisades Collection, LLC.. For an old Citibank Credit card. They have an account # but I'm not even sure it's the card I had, I have no information on the old account. I was divorced almost 6 years ago. My ex was given a few of our credit cards in the divorce and then he filed bankruptcy and they all came back on me. I don't make a habit out of not paying my debt, because I do and I did pay my share of what the judge ordered me and then I got more piled on me.. I tried to pay them and make deals and payment arrangements with them and they would just demand payment, right then. Since they were my ex's the mail and letters went to him at first . I didn't even know he filed Bankruptcy until the collectors started calling me.. Well, Some guy with a badge showed up at my door and gave me papers.. (I didn't have to sign anything.) They state I have to file a written answer to Original Peition, Requests For Admission and Disclosure... There is also an affidavit of account.. that says the balance is $15, 503.70 as of Oct 22, 2008 with interest accruing at the rate of 32.24%.. It states that last payment was made on this account on December 28, 2004 ~ and that paper is notarized on Oct 24, 2008.. but the original petition and requests for admission & disclosure were not filed in County Court house here in Texas until Feb. 5, 2009.. and were not served to me until Feb 18, 2009.. The SOL in Texas is 4 years.. So couldn't my defense be SOL? Then there is a part that has Plaintiff's request for admissions, that has 22 questions, It asks me to admit all kinds of things, and I just don't feel like I can unless they show me proof. So if anyone can give me advices that would be AWESOME>> Enen if it is... Deanna your in over your head.. get an attorney.. I was just hoping I could do it on my own, Thanks Bunches for all your help, Deanna
ScottGem
Feb 21, 2009, 06:17 PM
One of the reasons its important to find the right forum to post in is that there are often other people in your situation and you can learn from their experiences. You will find lots of threads in this forum from people in a similar situation.
Do NOT fill in the questionnaire. Send a simple letter to the court stating your Intent to Defend against the suit. Then send a copy of that letter to the plaintiff with a request for verification of the debt. In that letter state that you can neither affirm nor deny the debt until it has been verified.
And it does appear tha the SOL is an issue.