Jane Doe stops making payments on her credit card. After six months of nonpayment, the credit card company typically will “charge-off” the account.
A creditor then has the right to file suit. Such suits are supposed to be filed where the debtor lives or where they signed the contract with the creditor. The defendant has 14 days to respond in a justice of the peace court. If he or she is sued in a county or district court, the defendant has until the Monday following 20 days after service to respond. If the defendant does not respond within that time, the creditor has the right by law to ask the court to issue a default judgment.
County and district courts permit discovery in which both parties request and exchange information. That cannot happen in justice of the peace court unless permitted by the judge. The discovery process ends 30 days prior to trial.
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