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  1. #1
    Join Date
    Feb 2014

    Default When to Settle a Collection Case or Go to Trial

    My question involves an auto loan or repossession in the State of: Texas
    I have a lawsuit on a debt deficiency past the statute of limitations, over 5 years ago. I hired an attorney to file my answer, provided proof in the form of my credit report showing the date of last activity on the account. The plaintiff had 45 days to submit their proof to my defense, and now over 90 days later, they have nothing. My attorney is acting like i should settle outside of court, or I will have to testify. Should this case be dismissed and never go to court? Should I find a new attorney?
    Thanks in advance for any help.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: When to Settle a Collection Case or Go to Trial

    You have not shared any facts with us that would allow us to understand why your lawyer does not believe your statute of limitations defense will succeed, or what would create the 45 day response window. e.g., Did your lawyer file a motion to dismiss, with no response filed with the court? If so, why hasn't there been a hearing on the motion?

    If your case goes to trial, you can expect that you will have to testify. Why does your lawyer believe that it's better to settle the case out of court than for you to testify?

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