Legal Question in Credit and Debt Law in Texas

I am being sued by a creditor in civil suit involving a vehicle that I defaulted on and did not allow them to pick it up. I had to eventually surrender the vehicle to the sheriff who had a Writ of Sequestration. I filed a timely Pro Se answer to the original citation issued against me. The plaintiff then proceeded to seek a motion for summary judgment against me and the hearing was supposed to take place on 6/30/09. However, on 6/5/09 the court referred the matter for mediation on 9/28/09, so I thought this took precedence over the hearing for Summary Judgment that was scheduled to take place on 6/30/09 and I was preparing myself to attend the mediation hearing instead. To my surprise the hearing for the Motion for Summary Judgment did take place as scheduled on 6/30/09 and apparently because I was not there to present my arguments (because I thought it was referred to mediation) the court granted Summary Judgment against me. Now an Abstract of Judgment has been issued and the plaintiff has filed for a Writ of Execution which is in the process of being issued. My question is what recourse do I have? I have some valid arguments (i.e. No interest rate was ever specified or stated on the vehicle purchase contract as required by law) that I was planning on presenting at the mediation hearing. Also, can I file a Notice of Appeal? Additionally, doesn't the plaintiff have the obligation to apply the proceeds of the vehicle in question against the amount of the judgment in order to mitigate my total indebtedness?

Asked on 8/25/09, 12:54 pm

Donald McLeaish McLeaish&Associates;, P.C.

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in my opinion this is too complicated to answer..you need a lawyer...you may have lost your rights

Answered on 8/25/09, 1:16 pm

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