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Lost case against Portfolio Recovery Assoc.
So... to make a long story short I had a court hearing at a Justice of the Peace court with Portfolio Recovery Associates in TX and lost my case, but the judge wasn’t even there.
In fact she was face-timing us from her vehicle. I know this is an "unprecedented time" so there may not be laws governing virtual court hearings, but it seems pretty unfair.
I spent countless hours gathering evidence and preparing documents to prove my defense but there was never a chance for it to be seen or heard because she was not in the courtroom. She did not consider my evidence, and when she asked the plaintiff for evidence he was unable to provide the documents requested. At the end the judgement was in the plaintiff’s favor, and I believe I was never given a fair chance. Multiple defendants showed up today and some were clearly sick and coughing. I was forced to appear in person and risk my health to defend myself and she decided my fate from her car without even looking at any evidence.
Is this is worthy of filing a complaint against her? The debt is small, and I believe I am judgement proof, but is it worth appealing as well?
My defenses in the case were:
1. The amount of damages being sued for in complaint was incorrect compared to actual debt owed. (PRA lawyer stated that the amount being sued for on the complaint was insufficient evidence?)
2. The original complaint stated my refusal to pay, however I provided proof that I had consolidated my debt with American Consumer Credit, and they made 3 payments before PRA started rejecting payments and then filed the suit against me. The entire reason I stopped making payments was due to my significant other having a massive heart attack and spent 1 year in the hospital. Once I could start to recover financially, I immediately contacted ACCC to rectify my debt.... and apparently that triggered a lawsuit.
The judge deducted my payments from the WRONG amount owed to PRA and awarded that amount to the plaintiff.
In fact she was face-timing us from her vehicle. I know this is an "unprecedented time" so there may not be laws governing virtual court hearings, but it seems pretty unfair.
I spent countless hours gathering evidence and preparing documents to prove my defense but there was never a chance for it to be seen or heard because she was not in the courtroom. She did not consider my evidence, and when she asked the plaintiff for evidence he was unable to provide the documents requested. At the end the judgement was in the plaintiff’s favor, and I believe I was never given a fair chance. Multiple defendants showed up today and some were clearly sick and coughing. I was forced to appear in person and risk my health to defend myself and she decided my fate from her car without even looking at any evidence.
Is this is worthy of filing a complaint against her? The debt is small, and I believe I am judgement proof, but is it worth appealing as well?
My defenses in the case were:
1. The amount of damages being sued for in complaint was incorrect compared to actual debt owed. (PRA lawyer stated that the amount being sued for on the complaint was insufficient evidence?)
2. The original complaint stated my refusal to pay, however I provided proof that I had consolidated my debt with American Consumer Credit, and they made 3 payments before PRA started rejecting payments and then filed the suit against me. The entire reason I stopped making payments was due to my significant other having a massive heart attack and spent 1 year in the hospital. Once I could start to recover financially, I immediately contacted ACCC to rectify my debt.... and apparently that triggered a lawsuit.
The judge deducted my payments from the WRONG amount owed to PRA and awarded that amount to the plaintiff.
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