Legal Question in Credit and Debt Law in Texas

When I was served the papers telling me I was being sued by a debt collector on behalf of Target National Bank and had so many days to file an answer I called the collector and spoke with them about settlement options. [I couldn't do anything about it at the time, by the way - I was completely financially paralyzed at that moment.] The lady told me that agreeing to settlement terms over the phone would suffice as my 'written answer'. I didn't believe her, but I got all of this digitally recorded. I know in TX I didn't have to tell her she was being recorded but I did anyway.
Well obviously my 'written answer' didn't take because today I got my default judgement. I was saving up to offer a settlement in full, I swear, and I have evidence to prove it. Can I get the judgement reversed with what I have? Did the collection rep outright lie to me, and if so, if I can prove it, does that give me any power over the situation in court if I appeal?

Asked on 5/20/11, 6:05 pm

Mark Dunn Mark D. Dunn

0 users found helpful

0 attorneys agreed

You need to FILE A MOTION FOR NEW TRIAL and tell the same story (in the motion) that you told me. Do this VERY SOON.

If it's not too much trouble, transcribe the phone conversation and attach it to the motion.

Yes, the representative lied to you. Shame on her.

Answered on 5/21/11, 12:18 pm

Keywords

Match Any Match All

Country

State

Area of Law