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That is because the address that payments go to is very different from the one that handles litigation. Totally different departments within the same creditor. When answering the complaint: no. When defending the suit: yes. Is the one in the petition higher or lower? Also, the balance could be different because it is the OC they can continue to add on interest, late fees, and over the limit fees until charge off. Okay, they sued in District Court because they do not have to get permission to do discovery. That is the 100 Rules in Texas Court. File an answer with a general denial of all counts formatted the same way the papers are you were served with. The next thing is to understand the defenses you read about on sites like this are based upon a junk debt buyer suing NOT an original creditor. Unfortunately you do not have an affirmative defense. There are only 2 for an OC suit: identity theft or the SOL being expired. Since you defaulted in 2018 the SOL in Texas is very much alive. Worse, entering into a new payment agreement likely re-aged it as well. -
And sorry! After I went back, I noticed my typing error "so file this answer", I did not mean to type that. It was supposed to say "so that I can file an answer"... Ooops! That sounded really rude. Sorry about that! -
Honestly, I am not 100% sure that the account that I was referring to earlier is even the one that I am being sued for. I just assumed that it was: After researching TD Bank on Google, I realized that they were connected to Target credit card. All correspondence that I received about my account with Target has been from TargetCardServices. The address provided in the emails that I have from this account are different from the one on the petition I was served. Something else that makes me question whether this is the same account is the balance that was in the email I had, and the one stated in the petition are different. The last payment dates do not match either. Does any of this make a difference when responding to a complaint? Thanks!
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By Harry Seaward · Posted
The arbitrators don't set JAMS policy for filing fees. The arbitrator may possibly be able to decide their professional fees are refundable, but they have nothing to say about filing fees. -
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