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sugarskull

Midland DEFAULT JUDGEMENT - Do I still have a chance to act?

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  • Hello,  If anyone with experience could read this over and please tell me if I'm heading in the right direction, I'd be FOREVER grateful. Thank you!

     

    (I live in TX) I was served on March 18th a JUSTICE CIVIL CITATION by Midland Funding.

    Original creditor: Synchrony Bank
    Card/Account name: JcPenney

    Claim total: $2889

    Date account opened: 11/02/2005

    Date account closed/charged off: 03/11/2018

    Date of acquisition: 04/27/2018

     

    Backstory: we were displaced back in June 2017...we were given 30 days to pack up everything we own and find a new house (we had been there 12 years). Our rent went from $700/mo to $1250/mo and I was completely unprepared for that price jump so I had to stop paying on a couple of my credit cards.

     

    Fast forward to this year...as I mentioned, I was served on March 18th and my response was due on April 1st. I completely forgot. And then three weeks later, my 12 year old nephew committed suicide. So, THAT was an obstacle in itself. It has taken me months JUST to get back to "normal" from the depression/etc.

     

    So now, here I find myself in September already, looking at a letter titled DEFAULT HEARING NOTICE (rcvd 08/29/19). It says I have a default hearing set to be held on September 20th. I know I'm cutting it SO CLOSE, but what options do I have right now?

     

    I did some research and found that I should still be able to file a MOTION TO SET ASIDE DEFAULT JUDGEMENT and NOTICE OF HEARING, with the reason that I didn't attend the hearing due to "accident or mistake rather than intentional or conscious indifference".  Is this true? I keep seeing conflicting information (or I'm not comprehending it completely).

     

    I also saw in the forums that Synchrony Bank does arbitration. I was successful in beating Midland about 4 years ago by going through arbitration, SO if I am able to get the judge to set aside the default hearing, my plan is to ask for arbitration.

Edited by sugarskull

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Sorry for the loss. 

 

If a default has not yet been granted by the Court, then you have a remote chance of avoiding it by filing an Original Answer and ensuring copies are served upon opposing counsel AND that you have a file-stamped copy entered with the Clerk. 

 

Being in kangaroo court ALSO allows for an almost unfettered basis to appeal to the County Court at Law, where you would then have a trial de novo.  An appeal bond MIGHT be required.  In some places, the JP also will grant a Motion for New Trial simply by asking for it (in writing). 

 

Keep in mind, however, that personal hardship does not allow for the Court to just unilaterally set the Rules aside.  You are still held to the Rules, both Local and those contained in the RCP

 

Account open date is not relevant.  What IS relevant is the date the account went delinquent.  From what is described, you have no statute of limitations issues to cling to. 

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