I am being sued by Midland Funding in the Hamilton Municipal Court, Butler County. I have tried to consult with a few attorneys but nobody I've talked to wants to help me fight them; their advice is to settle or file bankruptcy. I do not want to file a bankruptcy on a 4K lawsuit. The only issues I have with going it alone are: 1. I really have no idea what i'm doing, 2. I'd like for some advise on my answers and basically each step of the process; like what to expect and what I need to do and when I need to do it. Tomorrow I will be filing a Motion For Extension of Time to Answer. I am currently working on my answer and I have attached what I have so far. Advice please.
Redacted Motion Extention of Time to Answer.doc
Redacted Midland Suit Answer.docx
Yes that is my motion. You should ask the court how the prefer you to go about asking for approval. Some have said just go ahead and do it, others have asked what you want to send, and others have said you need to file the motion.
You cannot do both discovery and arbitration and you cannot send discovery and then decide later to do arbitration instead.
Also.. Thank you TexasRocker for suggesting that I read FistHardCheese's post absit arbitration. Its a raining day here in Houston, which means I could be a) working on homework (and who wants to do that), b) watching Netflix, or c) learning all about arbitration... I choose C...
My question is this: How do I find which version of the CC agreement is in effect for me? Is to the version from when the account was opened? Or the version closest to when it was closed? Account was open in 2012 and last payment was August 2015..
I think it would behoove me to read the arbitration clause most relevant before I make a decision..
Thank you all for your help.
Ok, so how do I ask/get the court's approval to begin discovery?
Do I just hand the person at the court that response and say "I'd like to ask permission to begin discovery?"
When I read another post on this forum, it was recommended that this individual submit THIS to ask permission for discovery.... Is THAT what I'm supposed to do? If so, does that mean I prepare both documents (the answer and the permission to conduct discovery) and submit them at the same time?
Thank you all...
MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY
Comes now, Defendant ______________ and files her 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 her defense and to minimize taking up the Court's valuable time.
Defendant prays that the honorable Court grant her Motion For Permission To Conduct Discovery and grant Defendant any other relief that she is entitled to.