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-   -   Texas - Hearing to dismiss (https://www.askmehelpdesk.com/showthread.php?t=170144)

  • Jan 8, 2008, 07:08 AM
    dm_pb_tx
    Texas - Hearing to dismiss
    After having been sued for a CC debt purchased by Arrow Financial, I went to court and they were a no show. Judge made a motion for a hearing to dismiss. That is scheduled for later this month. I understand that if they do not show up at this hearing then the suit will be dismissed. However, now someone from Arrow Financial is desperately wanting to talk to me (leaving messages to that effect). My question is: should I talk to them? I am a low income person with a disabled wife and no insurance. I own 1 small home and 1 old truck and have no other assetts at all.

    Is this a desperate attempt to try to force my hand or is this indicative of Arrow not planning on showing up for the hearing? I will contact them if it is appropriate. Thank you for your guidance.
  • Jan 8, 2008, 08:03 AM
    donf
    No,

    They screwed up! Let them die on their own sword! At least that is my opinion!

    Regardless, of what they are trying to do with you, they still have to answer the court's, Failure to Appear charge. If they do not, then you may be home free.

    The purpose of your hearing to hold them accountable for the no show, not to challenge the validity of the debt. I believe their failure to show opens the door for the Judge to dismiss their original suite against you. Whether they can re-file is unknown to me. Civil and Criminal law are two different animals.

    However, I am certainly not an attorney, nor do I claim to be a legal expert. So please wait for better advice, hopefully from a Texas Attorney. Do you ever set up a meeting with a local attorney to get his/her estimate to represent you?
  • Jan 8, 2008, 08:04 AM
    mr.yet
    Never speak to them on the phone, only in writing, they are trainer to truck you. Don't speak to them at all.

    Simply send them a letter telling them to put it in writing and you don't wish to speak to tell.

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