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Pre-Trial - Should I ask for Validation yet?


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Posted by Theatre Guy (65.161.188.11) on December 11, 2003 at 11:40:07:

I am being sued in TX by a lawyer representing Citibank for CC debt. I have answered the summons stating that I don't recognize the account. I have a "Pre-Trial" date in the near future.

I will be representing myself at the Pre-Trial with the assumption that I can get through it by keeping my mouth shut and forcing the Plaintiff to supply "Burden of Proof". If things look nasty afterwards I can consider hiring an attorney or settling.

I have considered asking for Validation, but thought it better to wait until the Pre-Trial to try to feel out the situation first. I don't want the Plaintiff's Attorney to be any more prepared than necessary for my purposes.

Does anyone have some advice on TX courts and the "Pre-Trial"? (I have been told that they assume me guilty and that it is really arbitration).

Also, what are people's thoughts on waiting to request validation? I assume I can make interrogatories up until the real trial, and even use this as reason to ask for a continuance if the plaintiff has not been able to respond in time for the court date.

Another thing I kick around - Let's say I do not request validation, the plaintiff does not present it in court, and I am found guilty. It is my understanding that the Plaintiff cannot introduce new evidence during an appeal. So... Woould it play to my advantage to play dumb, not request a thing, let the cards fall where they may, and possibly lose the first trial. When I appeal, walk in with all of my ducks in a row, cite their lack of "Burden of proof" and the violation of my rights, and ask for a ruling in my favor with prejudice. Or is this a stupid plan?

Thanks in advance to a wonderful group of people!!


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