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  1. #1
    Join Date
    May 2008
    Posts
    4

    Default Re: Being Sued For A Debt I Do Not Owe

    The plaintiff's attorney's filed a motion by mail today requesting a "non-suit without prejudice" with the court. I got a copy in the mail and immediately filed an written objection to the judge and hand delivered it to the court. I objected to the ruling of "without prejudice", and I asked for a ruling of "WITH prejudice".

    I did everything that the judge asked of me. However, the plaintiff's attorney failed to show up on the court date, filing a request for an extension 90 minutes before the trial. This case was filed in January, and this is May. One would think that if they had some evidence that I had a debt obligation that I was not paying, whey would have presented it by not.

    I am not trying to skip out on a debt that I legally owe, and I take my obligations seriously. However, they have the wrong person and cannot prove that the debt is mine.

    So why did they file the suit in the first place?

    I will keep y'all informed what the outcome is. Thanks to everyone who helped me in this matter.

  2. #2
    Join Date
    May 2008
    Posts
    4

    Default Re: Being Sued For A Debt I Do Not Owe

    Final note on the outcome of the suit.

    On the two days before the second trial was to start in Justice Court, the attorney for the plaintiff files a Notice of Non-Suit Without Prejudice under TRCP 162. I filed a protest on the motion with the court because I wanted to see the evidence they had that proved my liability.

    On the day of the hearing, the Judge called me into his chambers and told me that the case was out of his hands and (after calling several of his colleagues) he had no choice in the matter other than to grant the motion filed by the plaintiff's attorney. We talked for a while, and I was struck by his final comment "I don't like it when debt collectors use the courts to try to collect their debts."

    I will never know how they associated my name with this unpaid bill. The statute of limitations expires in October, and I rather doubt they will to refile suit. I am moving to Colorado in a couple of weeks, and that will be another story.

    On my way out of the office, I noticed in the Judge's waiting room approximately 30 people waiting for their cases to be heard.

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