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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
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Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I had papers served to me for an unsecured credit debt. A

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I had papers served to me for an unsecured credit debt. A recovery company bought the paper and now wants to be paid. They said they would sue. The civil citation was recorded in the district attorneys office of Hardin County, Texas on 2/19/13. I responded with a general denial on 3/12/2013. Other than nasty calls from the recovery company nothing legal in the county has been done. They called again tonight saying they were gong to move forward with the suit. How long can they hold a law suit over my head? Seems like once they say they will sue they sue??
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - If the papers that were served were from the court and there was a summons telling you to file an answer and you filed the answer with a denial with the court then a suit has been filed. I'm not certain what they mean by saying they will now sue if a suit has been filed. What I need to know is whether the general denial you sent was actually filed with the court and whether the papers you were served with contained a case number XXXXX had a court name at the top with the recovery company listed as the Plaintiff and you as the Defendant. If so then that was a suit. If you were served with something else please let me know. If it was a suit and you filed your answer there's nothing else you would need to do until the court sets the matter for a hearing. Please let me know exactly what you received and if you filed the denial with the court.
Customer: replied 1 year ago.

Yes, papers were filed in Hardin Co by the recovery company. Yes, I filed a response of general denial with the county (in the required time. So all papers are in and the suit is apparently ready to go. My question. Should it not have already moved forward? I haven't heard from the courts with dates and/or times?? I do receive continual calls from the recovery company harassing me for the money. This is the third company that purchased this old debt from 2009. They have paid the fees to keep it current on my credit card; but either way. I can't pay it. So, does the recovery company move with the time frame or the court? I just need to know whom to believe in this.


 

Expert:  Dave Kennett replied 1 year ago.
The courts operate at their own pace so you have no control over when the court sets dates for hearings etc. At this point the suit has been filed so the only thing that the plaintiff can do now is to file what is called a motion for summary judgment and claim there are no issues of fact involved since all you filed was a general denial. You would then have to show more than just a denial that you owed the debt, such as an actual dispute of the amount or by raising some legal defense to the case. I'm not certain from your facts whether you believe you owe the debt or whether there is some other reason you have that you can use to defend the case so I can't offer any suggestions as to what you can do if a motion is filed. Unless the plaintiff files something else all you can do is wait until the court sets the matter for a trial. What you may want to do is call the clerk of courts where the case is filed and ask whether the court has sent out any notices on your case that you may not have received just to be certain you haven't missed something that may have been filed.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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