I paid off a credit card years ago by making a deal with credit card. I didn't keep my records because it was so long ago. I had a court date but didn't show it BC I tried to negotiate with credit card people. The judge ruled in their favor so I would like to appeal. So can a lawyer help me with that & what kind of laywer do I need ?
Yes, you absolutely do need an attorney for an appeal. The type of attorney you need is either a General Practice attorney that does some appeals work, or an Appellate attorney that specializes in appeals. You can use the "find a lawyer" tab here on avvo to look for some local Corpus Christi appellate lawyers. Good luck on your appeal.
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First, be careful what you write here. This might be something that can be used against you in court.
Second, you need an attorney to determine whether you can file a motion for new trial, an appeal, a restricted appeal, or a bill of review. The right remedy will depend on how long it has been since the judgment was entered and if you knew about the initial trial.
Third, ignoring this isn't a good solution. It is tempting, but it can lead to significant problems down the road. Not just credit, but a lot of other nasty things.
I think you do best with an appellate attorney. A lot of civil trial attorneys would be fine to do the motion for new trial, but I think you need someone who can look at the whole picture and advise you.
This is not legal advice. Please consult your own attorney or hire one to represent you.
A list of board-certified civil appellate attorneys can be found at the Texas Board of Legal Specialization's website, and I have attached that link. The appellate timetable starts once the judge signs a written judgment, so try to consult with an appellate attorney quickly. If the judge signed a written judgment the same date that you did not appear in court, you have 30 days to file either a motion for new trial or notice of appeal. If this was a bench trial and not a summary judgment, you also have until 20 days after the written judgment is signed to file a request for findings of fact and conclusions of law. If either a motion for new trial or request for findings of fact and conclusions of law is timely filed, the deadline for filing a notice of appeal to the 13th Court of Appeals at Corpus Christi/Edinburg is extended to 90 days after the written judgment is signed. You should speak with an attorney soon so you do not miss any of these deadlines. Good luck.
Yes, appeals is a highly technical area and IF you are going to go forward, you need an attorney. How long ago did the judge rule? More importantly did you file a verified (sworn in front of a notary) answer to their petition when you were served with it? If you are claiming payment, did you file with your plea an account stating distinctly the nature of such payment and the several items thereof. If not unless there is something called extrinsic fraud, there is nothing an appeals lawyer can do and beware of one who says they can. I'm sorry, but you have to do the right thing in the beginning with appeals.
This advice does not establish a lawyer client relationship and is just offered for general purposes.
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