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    confused2016's Avatar
    confused2016 Posts: 1, Reputation: 1
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    #1

    Feb 29, 2016, 01:03 PM
    Texas Motion to strike deemed admissions
    I had a judgment placed on me in 2010 due to a defamation lawsuit which resulted from my forwarding an email. I was not prepared and I appeared in court without legal representation. The judgment is very large.

    In late August 2015 I received an order for discovery from a collection attorney. I am retired and live off my pension and social security. I contacted a bankruptcy attorney at the recommendation of a local attorney in September.

    The bankruptcy attorney told me not respond to the order for discovery. He responded on my behalf, by phone while I was in his office and then further by email, requesting an extended date for discovery. I was told to wait until I received something else from the collection attorney.

    My bank account was frozen in November and the money I had at the time was taken. I had to deposit an additional $90 to close the account to prevent additional fees.

    The next thing I received from the collection attorney was a motion to compel in early February 2016 requiring me to appear in court on Feb. 24th. The motion included deemed admissions removing my rights to homestead and personal property exemptions.

    The judge told me I needed an attorney to file a motion to undeem admissions. I only have 21 days from the 24th of Feb before I will be held in contempt of court. I need an attorney who can file the needed document and advise me as to what I need to do from here.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 29, 2016, 02:10 PM
    ... I need an attorney who can file the needed document and advise me as to what I need to do from here.
    You are not going to find one on this forum. Last I checked, making personal contacts on this forum are against the rules. I suggest you look elsewhere.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 29, 2016, 05:43 PM
    You have made several mistakes. The first mistake was forwarding an e-mail that defamed someone. The second one was not seeking legal representation when you were sued. The third one was trusting this attorney.

    Don't compound the errors by not getting a lawyer this time. I would suggest that you contact a local Senior Citizen support group to see if they have someone willing to help you pro bono. If not, you may need to go visit every Attorney in town to find someone to take your case. But yes you DO need to get an attorney.

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