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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
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Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I received a letter from a JP court in Austin, TX. that states

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I received a letter from a JP court in Austin, TX. that states a judgement was signed against me on February 24, 2011. It states 'all motions to set aside the judgement or to grant a new trail must be requested in writing, supported by affidavit, with 5 days of justment date'. That is tomorrow. I live in Missisppi and have not lived in Texas in 16 years. What can I do to respond tomorrow? Thanks in advance.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

Customer:

hi ladylwayer, i need some help.

LADYLAWYER :

It appears your only option here is to hire an attorney and have them file a motion to set aside and vacate by the time the court closes tomorrow. Normally, I would say that you could send in your answer overnight, but you don't even have that much time.

Customer:

i see, well you have stated it pretty straightforward. I thought I could reply myself via fax, but i guess that is not an option is it.

LADYLAWYER :

The judgment is not proper because you should have been sued wherever you live.

LADYLAWYER :

The original document has to be filed by the court. However, some courts are implementing e-filing. You could call the clerk and see if they have that option available.

Customer:

what does that mean? If the judgement is filed, it will still show up on my credit report, won't it?

LADYLAWYER :

You can also see if they MAY enter your motion to vacate if you faxed over the document as long as you sent the original by overnight mail.

LADYLAWYER :

Yes, but they should have sued you where you lived, not in TX.

LADYLAWYER :

I have seen this a lot though. Where people are not getting proper notice of the lawsuits until it is too late.

LADYLAWYER :

This is cause to have it set aside though.

Customer:

Someone called me the other day, probably the day it was filed, but i was busy and ask them to call me back later. I think that is when they filled the judgement. Otherwise, I have received no other paperwork indicating what is going on before now.

Customer:

I suppose I would need to hire a lawyer in Texas? Or should I talk to one here in Mississippi?

LADYLAWYER :

No, you would need one in TX. You can find them here: www.martindale.com.

LADYLAWYER :

You will want one in the County where the judgment was entered.

Customer:

what kind of a lawyer should i be looking for on martindale?

LADYLAWYER :

A consumer protection or debt attorney. A general civil litigator will be fine too.

LADYLAWYER :

Because you are not in the state, this is probably the best thing to do anyway.

Customer:

Is there any other info you think I should know. This is pretty overwhelming?

LADYLAWYER :

Is this judgment from a debt you remember?

LADYLAWYER :

If so, when was the very last time you recalling paying on it?

Customer:

I believe this judgement is from a student loan my exwife took out over 17 years ago. I may or may not have co-signed it. She has caused me problems with my current wife by trying to still act like we are married or pretending to be my current wife. She could have even forged my name on the document a long time ago, I honestly do not remember.

Customer:

I never paid anything on it because I did not know about it.

LADYLAWYER :

Okay, thanks.

Customer:

So, have i exhausted your advice for now?

LADYLAWYER :

If you think she may have forged your signature, you should definitely try to pursue this.

LADYLAWYER :

You should at least get an attorney to look over the contract and signature card.

LADYLAWYER :

If you did co-sign on this, you are most likely going to be liable unless the debt was assumed by your ex in the divorce.

LADYLAWYER :

Even if the divorce judge made her fully liable for the student loan debt, the company itself can still sue the co-signor.

LADYLAWYER :

The co-signor, then, has to sue the responsible party.

LADYLAWYER :

But you should at least be able to get this dismissed and make them sue you locally.

LADYLAWYER :

Student loan debt is about the only debt besides government debt that does not have a statute of limitations attached to it.

LADYLAWYER :

If you have any more specific questions, I will be happy to answer them.

Customer:

I can not think of any other specific questions at the moment. If I think of one, can I try again with you or will I be sent to a different person?

LADYLAWYER :

Of course! You can come back to this thread at any time and ask more questions for no additional charge. Accepting the answer will not terminate our session.

Customer:

Very good. Thanks for your help up to this point.

LADYLAWYER :

Sure! Happy to help. If it is okay with you, I would very much appreciate the accept now if you are satisfied thus far with my service. The cut off date for my payment this month is tonight at midnight EST.

LADYLAWYER :

Otherwise, it will be another month until I see anything.

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