Legal Question in Mediation in Texas

Civil Mediation
I have been named a defendant in a civil case. An ex of mine purchased a car in his name in 2001 for me. Then we split 6 months later and he retained the vehicle. In November 06 I was served some papers by a constable for court because he was very behind on the payments. I did not go because when I contacted him about it, he told me that they had just picked up the car from him. Now I have recieved a certified letter for mediation and I am named a defentant. First off, my name is not on the agreement and I have not been in possession of the car since 2002. Do I have to go to court for this?

Asked on 1/09/07, 6:44 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

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Re: Civil Mediation

When you say "ex" I'm assuming a spouse. If that's true, then the debt became a community debt and you remained as liable on the debt as he was.

You can always disobey court orders. Of course the judge may become annoyed and order the sheriff to pick you up and deposit you in the county jail until you decide to cooperate. Your choice.

As a general rule when you're served with court papers, read them and follow the instructions. If you fail to answer the lawsuit the plaintiff will be able to take a default judgment against you for the debt, court costs, attorney fees, and prejudgment and postjudment interest. Remember, you can't sue your ex for legal malpractice.

Answered on 1/10/07, 12:27 pm

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