Credit Card Lawsuit question

I have a general question. So please read the situation below and provide some direction if possible.

In a lawsiut if the defendant did not answer the plaintiff's questions under Request for Admissions in the required timeframe (60 days from day served in state of Texas) Does the defendant have any options? Since the plaintiff cannot produce the credit card application I have found several Texas Annotated Statues stating the plaintiff must have the contract in order to sue. But the plaintiff is using the fact the questions were not answered as a way to state the defendant acknowledges their was a contact.

[mrg]

Originally Posted by fastej34

I have a general question. So please read the situation below and provide some direction if possible.

In a lawsiut if the defendant did not answer the plaintiff's questions under Request for Admissions in the required timeframe (60 days from day served in state of Texas) Does the defendant have any options? Since the plaintiff cannot produce the credit card application I have found several Texas Annotated Statues stating the plaintiff must have the contract in order to sue. But the plaintiff is using the fact the questions were not answered as a way to state the defendant acknowledges their was a contact.

Who is the plaintiff?

[charlesa6]

Originally Posted by fastej34

I have a general question. So please read the situation below and provide some direction if possible.

In a lawsiut if the defendant did not answer the plaintiff's questions under Request for Admissions in the required timeframe (60 days from day served in state of Texas) Does the defendant have any options? Since the plaintiff cannot produce the credit card application I have found several Texas Annotated Statues stating the plaintiff must have the contract in order to sue. But the plaintiff is using the fact the questions were not answered as a way to state the defendant acknowledges their was a contact.

In any law suit, complaint, summon etc., you have to answer it in timely fashion or you be in default failing to answer it. Whose is the plaintiff, as mrg indicated?

The plaintiff is the Credit card Co. I am the defendant. In Texas you have 60 days to respond. I was misinformed by the court clerk I was told 90 days. So there is nothing I can do at this point is what you are saying.

[2tim215]

A couple of questions for you:
Has the judge ruled on your case yet and more importantly do you want to answer their questions? Why didn't you respond to them in the first place, even if it was simply a refusal to answer with a reason as to why you won't?

2tim215
2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

[charlesa6]

Originally Posted by fastej34

The plaintiff is the Credit card Co. I am the defendant. In Texas you have 60 days to respond. I was misinformed by the court clerk I was told 90 days. So there is nothing I can do at this point is what you are saying.

Do you have any proof that you are mislead by the clerk? If you do, you can file the Motion To Vacate Judgment, base on the fact you are mislead by the clerk.

The judge has not ruled on the case yet. No I cannot proof that I was misled by the court clerk. It was not that I did not want to answer the questions. I thought I had more time to provide my response. Since I have missed the timeframe. The only way I can win my case is to find a way to have that portion of the case removed.

[jaylon]

read your local rules e.g. texas rules of civil procedure and see what rule would allow for an extention of time and file an emergency motion for an extention of time along with your "valid" reasons pursuant to the rules.

[2tim215]

You might be able to file a "Motion to Withdraw or Amend Admissions". You need to go to your local law library and research this to find out if this will apply to your state rules. You also will have to come up with some solid reasons in order fto get the court to rule in your favor. In the little research I've done (you'll see this if you review some of the cases provided in the link I've given you), most judges typica,ly rule against this type of motion but it still may be worth a try. You will have to very carefully think this through. since in the few cases I looked at, they were sginficiantly differently from yours. You will need to file the motion (using proper form for you state) and send court stamped copies to the plaintiff as well as to the court. I've provided a link to some case law and other links regarding this topic for you to get started with. Start with this and then ask questions as needed. Maybe there are others who have some additional ideas for you. This will not be easy.
You must state a reason that you did not file on time. For one thing you are a Pro Se (not out of choice, but out of necessity) and I assume you have never represented yourself in court before and are not familiar at all with court procedure. You went to the court and asked the court clerk and he/she told you that you had 90 days (this is based on what you've stated and I do not doubt you are telling the truth). You will need to attach to your motion a sworn affidavit (under penalty of perjury) stating this. Even though it may be your word against the clerk's, they cannot refute a signed affidavit (I think you can probably find a template for this somewhere in the suijuris download section) and even though the court won'l like (nor the clerk who's involved) the truth is the truth and you shouldn't be penalized if the clerk gave you incorrect information. Make sure that when you present this to the court, that you do it with humility as it may have been unintentional. If the judge is fair, he may just chalk it up as a mis-communication which is quite common with Pro Ses who are in court for the first time. Whatever the case, it is your decision to make in terms of how you proceed.

http://www.google.com/search?hl=en&l...ns&btnG=Search

Best of luck.

I am not a licensed attorney nor am I giving you any legal advice.

2tim215
2 Tim 2:15(KJV)Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

Hello 2tim215

Thanks for the information. I have been to the law library and have found the form to file my Motion to Withdraw Deemed Admission for State of Texas. Hopefully, this will work for me. Thanks again. I will let you know.