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Joseph
Joseph, Lawyer
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2 years ago I was served papers due to non payment of a credit

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2 years ago I was served papers due to non payment of a credit card. I answered the papers served and never heard anything until last month when I received a notice for a hearing for dismissal for want of prosecution. Back in 2008 I was in contract with a debt relief company for 6 months and canceled due to them not paying anyone. It's now been over 4 years. This is Texas. About 3 years ago, I received a notice that the debt relief company was being sued and wanted me to jump on the band wagon, I did not. What can I expect to happen.
Submitted: 11 months ago.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

The judge has made a motion to dismiss because the credit card company hasn't proceeded in the case against you by proceeding to a trial on the debt.

If the credit card company doesn't show at this hearing, then the case will be dismissed against you. If they do show, they have to prove why the case should not be dismissed for their failure to proceed with anything against you in this case.

I agree with the other attorney. You should definitely show up for this, as it could mean the case being dismissed against you and you not being liable for the debt if the statute of limitations has passed on your debt.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 11 months ago.


Does the credit card, actually their attorney have the burden of proof and also, since they had me served before the 4year statute of limitations was up, are they allowed to try to collect or serve me anytime or what can you tell me about this?

Expert:  Joseph replied 11 months ago.
Hello Carolyn,

Yes, they always have the burden of proof as the plaintiffs in the cause of action.

No, they are not allowed to serve you again, since the statute of limitations doesn't start again when they file suit. As long as the case is dismissed, you would be free from this debt forever, as it would be beyond the statute of limitations.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5047
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Expert:  Joseph replied 11 months ago.
Hello Carolyn,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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