Author Topic: May have made the wrong decision w/Midland Funding - did not file an answer TX  (Read 6385 times)

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sugarskull

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aw, thanks for pointing that out. i guess i got so excited they might not be bonded that i missed that they actually were bonded :(

thank you for pointing out Rule 503.1 .... I am going to type up my objection to the motion right now..
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sugarskull

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Just an update and a question: On Thursday or Friday of last week (10/23 or 24), I received a letter from the Attorneys who are suing me on behalf of Midland Funding. The letter said:

"Dear KA,

I am the attorney assigned to the above-referenced Case. Please contact me to negotiate a settlement of the Case. Negotiating a settlement may prevent the necessity of a setting. However, if you contend that the debt associated with this Case, derived from criminal activity, please provide immediate notice of such by contacting me at (xxx) xxx-xxxx extension 21711. I look forward to hearing from you.

Sincerely,
Fulton, Friedman & Gallace, LLP"


I was going to contact my sister to find out if she could do a payment plan with them, but she was out of town visiting her mother-in-law so I haven't had a chance to speak to her.

So then, yesterday (10/28), I received this in the mail:

"Notice of Default Judgement

Default Judgement

In this cause, Plaintiff appeared through attorney of record. Defendant(s), although duly cited to appear, failed to file an answer as required by law. The Court, having considered the pleadings, official records, and evidence on file in this cause, is of the opinion that judgement should be rendered for Plaintiff.

It is hereby ADJUDGED that MIDLAND FUNDING LLC, Plaintiff, recover from KA, Defendant(s), judgement for -
1. $2337.62 as the amount due on the account;
2. Costs of Court;
3. Service Costs of $75.00;
4. Plaintiff respectfully waives any and all post-judgement interest.

It is accordingly ORDERED that Plaintiff shall have all writs of execution and other process necessary to enforce this judgement. All relief not expressly granted herein is denied, as this judgement is appealable and finally disposes of all parties and all claims in this cause of action.

Signed this 15 day of October, 2014."


Does this mean that the Objection to the Motion for Default Judgement that I turned into the court on Oct. 9th got turned in too late? There wasn't even a mention of it or anything. I want to talk to the Attorney, but I'm not sure if I should mention this whole thing going on with my sister (because that would be admitting that I know it's my debt and that I owe it).

Thanks again for all the advice and help.
Kimberly
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Bruno the JDB Killer

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You objected to their motion, but did you attach an answer to the complaint when you did?

If not, you need to file a motion to set aside the default and attach both an answer and a sworn affidavit with whatever your reason was for not answering in time. Do it before the judge signs that order.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

sugarskull

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I turned in a sheet to the Court on Oct. 9th that said this:

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Defendant listed above, in the above entitled and numbered cause, and denies generally the allegations of Plaintiff filed in this cause, and says that each and every item of the account or claim made the basis of the cause is not just or true, and Defendant further denies generally each and every, all and singular, the allegations contained in “Plaintiff’s Original Petition” on file in this cause.

According to TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS, RULE 503.1. IF DEFENDANT FAILS TO ANSWER
(b) Appearance. If a defendant files an answer or otherwise appears in a case before a default judgment is signed by the judge, the judge must not enter a default judgment and the case must be set for trial as described in Rule 503.3.

WHEREFORE, premises considered, Defendant prays judgment of this Court that Plaintiff takes nothing by this suit, for all of Defendant’s cost incurred herein, and for such other and further relief to which Defendant may prove to be justly entitled. Defendant further reserves the right to plead further at time of trial.


I just went back and reread all the suggestions given to me previously on this thread and see that I should have filed an Objection to the Motion and an Answer as well. I'm so mad at myself, I had even printed all this out and highlighted stuff, but even then somehow missed that. I will definately do that now.

I also thought that letter I received from the court yesterday was the Final Judgment, but basically, it's just telling me that Midland Fuding is asking for the court to rule a default answer in their favor?

Thanks,
Kim
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Bruno the JDB Killer

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Correct. It is proper procedure to give the judge an order to sign. Doesn't mean he will. This is not a big deal, I am sure you'll get by this.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

TomNTex

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Also, Google and read Texas TFC 392. It give's a TX debtor a lot more power than the FDCPA. You may find things there that you can use. When you do, cite it in your letters etc. to bring the power of the TFC to bear.