Legal Question in Credit and Debt Law in Texas
Being sued for old debt but they have no evidence
I am being sued in the justice court
for an old cell phone bill that was
incorrect, in fact the account had
never been correct or what I singed a
contact for.
I filed a motion to dismiss and they
filed for a summary judgement. I
have a lot of paperwork showing my
side but don't know where to go from
here.
2 Answers from Attorneys
Re: Being sued for old debt but they have no evidence
did you file a sworn denial..many collection cases are won because pro se defendants do not know the rules..and if you don't deny the debt under oath...before Notary..the creditor will win!!!
Re: Being sued for old debt but they have no evidence
If you don't know where to go from here and you don't understand Mr. McLeaish's remarks, then you need to get a lawyer. Mr. McLeaish is warning you of what is about to happen to you because you don't know what to do. I do these cases for creditors all the time and I win many cases because the debtor (you) does not follow the rules. You are held to the same standard as I am to follow the rules, and judges are required to enforce the rules equally. If you have a good defense to this debt, you better start studying the rules (if you have time) or get a lawyer. You will not have the opportunity to present any evidence or argue your case at a summary judgment hearing. Those things are decided upon documents and pleadings attached to the motion.
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