Just found this forum today but haven’t found specific answer yet so bear with me.
I resided in TX for 14 years and was married for 9 of those years. My husband was the sole breadwinner for the almost half of our marriage due to an extended illness. When we divorced, he absorbed all of our debt, which was significant. The lawsuit names my married name not my current name.
I moved to GA in March 2017.
I have been sued in Magistrate Court in Dekalb County by Cavalry assignee of Citibank that was defaulted on in July 2013 according to their complaint.
The SOL has run in TX (4years). I answered with a general denial, and a demand that they produce written contract, bill of sale showing they own the debt, account history with charges, payments, interest, and fees. I asserted lack of standing on the basis that the (alleged) contract was executed and defaulted in TX. I appeared and the Plaintiff attorney told me my SoL argument won’t be accepted by judge. He said he hadn’t received my answer (I filed it the day of the hearing) so I gave him a copy. I asked for a continuance.
The setting is now Dec 5.
I am not sure what to do next. I am unemployed, almost 50k in debt to my family, struggling with temp jobs just to survive. Definitely judgment proof although I’m looking for work and don’t want a wage garnishment with a new employer.
I have successfully removed some recent collections by asking for verification but it’s too late on this one.
I am a terrible record keeper since the move so I don’t know if I ever contested this one or asked for verification.
I can barely afford parking at the courthouse let alone any kind of settlement agreement which only worsens my credit.
I have a pauper’s affidavit so I can file pleadings for free.
They sent me a letter today saying they will introduce business records (by affidavit testimony if necessary).
An attorney friend from TX sent me some case law from TX circuit court indicating Cavalry needs to prove I owe it to them, that I owe it at all, that it’s solely mine, that it’s not time-barred, and have to provide a full account history (not just a statement), a written contract (not just a boilerplate but the actual agreement they claim I entered into) and a bill of sale showing they purchased the debt from Citi, when, and for how much.
I told their lawyer I would appeal if necessary but they are still pursuing it. On the date of my first hearing, there must have been 30 people ahead of me and none asked for a trial—they all made a hallway deal to pay. I am not paying them anything. I can’t.
I also can’t afford an attorney but I didn’t mention my impoverished status to the Plaintiff attorney.
What’s next ?
Thank you.