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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33424
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I recently was served a writ of scire facias to revive a

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I recently was served a writ of scire facias to revive a judgement entered against me on 06/04/2004 in the state of Texas. It basically says that UNIFUND CCR Partners vs Me was filed on 9/8/2015. I am commanded to appear before the court on or before the end of the 14th day after the date of service of this writ or filing a written answer to the application with the Clerk, and to show cause, if any there be, why the judgment referred to in the application should not be revived as requested. It says that on 06/04/16 a judgment was rendered against me in favor of National Judgment Recovery Center of Palisades Collection, LLC. The judgment provided that Defendant be indebted to Plaintiff in the amount of 1,015.91 plus costs and post judgment interest. It says that the judgment will expire on June 4, 2016 unless the Application for Writ of Scire Facias is appoved herein. I just received this on yesterday, June 9, 2016. Now, I have no idea what debt they are talking about? or what company? I was sued and didn't even know that I was sued. How is that? How do I answer the courts? And is this expired because I just got served on 06/06/16?
Submitted: 1 year ago.
Category: Business Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

A judgment is good for 10 years and can be renewed when it is nine years and six months old.

Many collection agencies claim that they serve people with lawsuits when they actually don't. You can certainly go to court and take the position that you were never served and therefore the original judgment is not valid. You would be much more likely to succeed if you have a lawyer, of course.

You can also take the position that you were served too late for the judgment to be extended. There is some case law dealing with people being served in a fashion that is not "timely" even though a lawsuit was filed within the statute of limitations and the case being dismissed but it will take some time to research those and prepare a response.

You can do it yourself but you need to do a lot of research and brief the issues and this is going to be a difficult one unless you have a lot of legal experience.

There is an inexpensive e-book on legal research that is very good and you might want to consider getting it if you are going to represent yourself (which I recommend against). You may even be able to get the judge to award you the attorney's fees die to the facts.

Expert:  Dwayne B. replied 1 year ago.

Also, here is a good, albeit complicated, article on judgments in Texas. It was written for lawyers but it will be handy guide for you so you may want to print it out or save it.

Customer: replied 1 year ago.
The problem is that I cannot afford an attorney, so I will have to handle this matter myself. My plan is to draft a written response to the court. I just need to know how to frame my argument, the format, and what context should I include. By the way, thanks for sending the article. I will definitely use it as well. You guys are awesome!
Expert:  Dwayne B. replied 1 year ago.

We're not allowed to give example or tell you specifically how to draft legal documents, unfortunately. However, what you can do is go to the clerk of courts office and find a case where a lawyer filed a response to a Motion to Extend/Renew Judgment and then use that as an example.

That's what lawyer do when they don't have a form for something. No need to reinvent the wheel, just use what someone else did.

Customer: replied 1 year ago.
Okay, great! Thx for your counsel! I'll be sure to leave great feedback!
Expert:  Dwayne B. replied 1 year ago.

You're very welcome and thanks in advance for leaving the feedback. Much appreciated.

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