I have spent the last several days doing research over Texas law, how to answer, and how to write a response for discovery requests. I have found conflicting information on different websites.
I copied these questions from a previous post on here… See below.
1. Who is the named plaintiff in the suit? TD Bank, USA
2. What is the name of the law firm handling the suit?
Rausch Sturm; Attorney is Jesse Lockhart
3. How much are you being sued for?
4. Who is the original creditor? If not the plaintiff?
TD Bank, USA
5. How do you know you are being sued?
I was served on 5/22/19
6. How were you served?
At home around 4:30 p.m.
7. Was the service legal as required by your state?
I think so, she asked if I was the person listed on document. And then asked me to read the first line at the top, before she walked away.
8. What was your correspondence with the people suing you before you think you were sued?
At first, I had no idea who the OC was...After checking my credit report, I realized that it was Target. The last correspondence with them was back in November 2018 when I set up a special payment plan. I was unaware that there were any issues.
9. What state and county do you live in?
Texas, Wichita County
10. When is the last time you paid your account?
According to the documents provided, my last payment was made in February 2019--however, my credit report shows that a payment was not made since September 2018.
11. When did you open the account?
12. What is the SOL on the debt?
13. What is the status of the case?
14. Have you disputed the debt with the credit bureaus?
No, I was unaware that there was an issue with non-payment to Target until the lawsuit.
15. Did you request debt validation before the suit was filed?
16. How long do you have to respond to the suit?
The Monday that follows 20 days from the citation’s date of service
17. What evidence did they send with the summons?
The only information that they gave me was TD Bank, amount owed, when account was opened, and the alleged date of last payment.
After the initial shock from being served and the terrifying feeling of getting a lawsuit, I did some research of my own to see what happened with the payment plan that was approved in November 2018. To my knowledge, there were no problems with the account. I didn’t receive notice from my bank that there were any returned payments. I was able to pull up the email that confirmed the payment plan, and noticed it had an old account number listed as payment source for monthly drafts--that account had been closed for a few years. I would not have chose that payment method. So, basically they were attempting to pull funds from a closed account. I was never notified about any issues, or else I would have resolved it. An easy fix. But now, it has been blown up into something extreme.
Please help! I am super stressed out about this :(( And thank you in advance for any advice or assistance. Also, I am able to attach all of the documents if that would help.
I had debt that was bought by UNIFUND, they refused any settlement even close to reasonable. When I met for a settlement they didn't have proof of debt, nothing just a shakedown. judge wouldn't dismiss so not I get this in the mail. I am not sure how to answer and really need help. Thanks
Admit or Deny
1. Defendant currently resides at………..
2. Defendant resided at ………….at all relevant times herein
3. Defendant received mail at ……..at all relevant times herein
4. Defendant was issued a First Bank of Omaha credit card with account number*************9216
5. Defendant made purchases on the First national bank of Omaha credit card with account number *************9216
6. Defendant made payments on the first national bank of Omaha credit card with account number ************9216
7. Defendant defaulted on the terms and conditions of the first national bank of Omaha credit card by failing to make all required monthly payments
8. UNIFUND CCR LLC has made demand upon the defendant for the balance owned credit card account number *********9216
9. The current principle balance due and owing by the defendant to UNIFUND CCR LLC is 5124.49
10. The amount described as the principle balance is the amount that is shown on the final statement which is attached to the complaint as exhibit B is correct
11. The last payment made by the Defendant on this account was 4/17/17
12. The total balance owned by the defendant to the plaintiff as of the date of the filing of the complaint was 5124.49
13. The documents attached hereto and or to the complaint hereafter said documents in this case are true and correct copies of the originals and are genuine and accurate as to what they report to be
14. There are no documents other than the said documents which bear on the account which is the subject of the clain set forth in the complaint filed in this case
15. You are indebted to the plaintiff on the account referenced in the complaint in the sum stated in the complaint filed in this case.
1. Did you sign the documents, copies of which are attached hereto and or the complaint filed in this case and which purport to bear your signature? If your answer is in the negative state the name and current address of the person who signed your name and state whether they had permission to do so.
2. Did you makes charges purchases and or orders to the account identified in the case at the time and in the amounts stated in the exhibit hereto and or in the complaint and attachments thereto?
3. If your answer to the previous interrogatory is in the negative state in detail which items you did not accept charge purchase and or order
4. Does the statement of your account which is attached hereto or to the complaint in this case include all payments and credits which are due to you on the subject account?
5. If your answer to the previous interrogatory is in the negative identify in detail any payments or credits due by giving the following information about each: the date paid or due; the amount; the method of payment; and where the payment was made or credit was claimed.
6. State the amount which you admit owing the Plaintiff on the subject account.
7. With respect to the account at issue in this case, state in detail each and every purchase or charge that was neither made by you nor made by a person authorized by you to do so.
8. If your answer to request for admission above is anything other than a unqualified admission, identify each and every document which bears on the account which is the subject of the claim set forth in the complaint filed in this case.
Request for production
9. You are requested to produce, pursuant to the rules of civil procedure, copies of all documents that support any answer to the foregoing requests and interrogatories.
10. Please supply copies of all documents that you intend to introduce in support of the allegations in your answer.