So file something along these lines?
(insert proper header)
MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY
Comes now, Defendant !!!!ME!!!! and files his Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9
Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit. Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop his defense and to minimize taking up the Court's valuable time.
Defendant prays that the honorable Court grant his Motion For Permission To Conduct Discovery and grant Defendant any other relief that he is entitled to.
Yes. If this case is in Justice Court you need to get permission of the court to do discovery.
Don't bet on it. Texas does not require they attach the evidence they intend to use to the complaint. Since the CFPB has come down on them they have been showing up with a LOT more documentation lately.
Good Morning from the State of Maine,
I'm looking for some advice. I have been doing my own defense regarding their lawsuit against me. Thus far, I filed my answer and then I sent them my interrogatories and discovery. They never sent me any discovery or interrogatories to do. They did not do the discovery I sent them, and then at the pre-trial conference the judge said that they get one more chance to do it. Midland answered this time but they pretty much just objected with either saying it's irrelevant, proprietary, or that I want it for improper purposes.
Do I do a motion to compel?
A motion to dismiss?
A Motion for Summary Judgement?
1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) "Portfolio Recovery Associates,"
3. How much are you being sued for? $3919
4. Who is the original creditor? Dell/Citi
5. How do you know you are being sued? I was served papers on 2-07-17
6. How were you served? In person
7. Was the service legal as required by your state? Yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone calls, voicemails and mail from Portfolio Recovery Associates, but did not actually speak with anyone.
9. What state and county do you live in? Texas, Bexar County
10. When is the last time you paid on this account? August 2013
11. What is the SOL on the debt? 4 years in Texas
12. What is the status of your case? Suit served? Motions filed? Suit Served, I have filed a general denial with affirmative defense of SOL (at the time, I could not confirm last date of payment)
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No
14. Did you request debt validation before the suit was filed? No
15. How long do you have to respond to the suit? 14 days (I have done this)
16. What evidence did they send with the summons? None what so ever
I can upload copies of the summons/response as needed.
So I've filed the response, Court date is set for mid-May .
I failed to do so with my original answer, but should I File a motion for discovery now? I'm not sure PRA has much documentation to support their case.