What is the Process of a Civil Lawsuit for Credit Cards
My question involves collection proceedings in the state of: Texas
I'm just wondering the full procedure. I've been sued for CC debt in Texas before and I had no idea what the documents were. Discovery, Interrogatories, etc. I do vast amounts of research on the internet, but I can not find some of the following information I can't find details on. I would like this info because I do believe that if somebody knows how to basically respond to things and when, they would be able to combat civil law suits easier (pro se).
So basically let's start when you are served.
You get the cover page that says "you are being sued".
After that you get Discovery, Interrogatories, Request for Admissions, and a written initial answer form.
So there is a time limit on each of these things. The initial answer form there is a 15 day window.
So on the initial answer form, I found it important to respond very simple.
"I deny the plaintiff's claims and I would like the plaintiff to show me proof that I've ever agreed to pay for any debts". Period, very simple.
Then the Requests for Admissions had another due date. I've heard this is important to fill out. Basically Deny everything that you don't understand or have proof of.
Then Discovery & Interrogatories were filled out.
Next thing I knew I got a trial date. Yikes. So I settled because actually the debt was under $700.
I never got proof in my original written letter.
Now.... If I am ever sued again (which I kind of expect for something else), I want to go pro se again.
OF course, I know details are vague here on the internet, but I'm just trying to find out what better things I can do, and info on what I don't know.
1) Should have I filed a Discovery on the plaintiff asking for the proof that I ever agreed to repay the debt (basically with a lot more officially sounding legal mumbo jumbo)?
2) Should I have filed back a Request for Admissions asking the plaintiff basically if they have ever seen any contract that I have agreed to repay any debts with them?
3) If so when do I file these forms? Before or after I submit my responses to their documents? If they do not respond to my discovery & requests do they basically default?
Thanks so much!
Re: What is the Process of a Civil Lawsuit for Credit Cards
1. If you're in a court in which discovery is permitted, it makes sense to take advantage of discovery to find out the details of what the other party is alleging and to try to find out if they actually have the evidence, documents and witnesses necessary to prove their case.
2. Requests for admission have limited value; you generally know what the answer is going to be before you get them back. What you would ask would depend on the case.
3. You file your request for discovery during the window in which discovery is permitted by the court. If the other party does not answer discovery at all, you would generally bring a motion to compel. The consequence of failing to answer a request for admission is sometimes that the matter is deemed admitted; but that can have less significance in practice than it does in theory.