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  1. Today
  2. Also, sometimes good old fashion google will do the trick.
  3. This information should come from JAMS directly as part of the strike list package, so I believe it is accurate. It makes sense to me now. The JAMS rules are silent as to refunds or fee particulars, so giving this information as part of the commencement and arbitrator choosing process makes sense to me.
  4. You are spending more time on this than it is worth. Even if you happen to get the information, the only authorities who will do anything might be the AG in the state where these people are doing business from and even that is unlikely. They might already be changing their name and their phone numbers as we speak. Again, inform you family members that a scammer is trying to get money out of them for you and that they should simply hang up (or at the most deny any contact with you and hang up). Eventually, when they realize you and your family are not going to fall for the scam, they will move on to better prospects.
  5. @Pericles Yes I did. My mistake. Didn't mean to post wrong information.
  6. So, I need to file an answer with a general denial of all counts? Do I need to do anything in regards to the discovery requests? TY
  7. The balance in the petition is higher, $18 difference.
  8. 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.
  9. 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!
  10. 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!
  11. 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.
  12. Without typing a novel: none of that matters now that they sued you and the court REALLY does not care. In fact that payment arrangement can be used as evidence against you that the account is yours. Then answer the question: are you being sued in Justice Court or State Court? It makes a HUGE difference as there are different rules of civil procedure in Texas for both. I used to live there and successfully sued a CA. I can't help you if you won't provide the necessary information to actually answer the suit. Enjoy your judgment.
  13. Yes, attorneys can be debt collectors. However, that does not mean they purchased the debt. Not all debt collectors are debt buyers that purchase accounts. Most collection agencies and debt collectors simply collect for the original creditors. In your case, the law firm is representing the bank. It’s just the same as if you were to sue someone and hired an attorney to represent you. You would be named as the plaintiff. The attorney would do all the work and represent you in court.
  14. Who does the complaint identify as the plaintiff? That's who is suing you. This language is standard CYA. It doesn't mean the TD is not the plaintiff. Yes, you need to respond to their requests. I was saying you're not going to uncover anything interesting in what you ask them for.
  15. How can I be sure that TD Bank is the one actually suing me? The law firm that filed the lawsuit are debt collectors too. They specifically state the following in the last section of the petition, titled "Miscellany": "The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors." They are also requesting that I send first discovery requests to their office within 50 days. It also says that if I fail to send a written response to the request for admissions, the request will be deemed admitted without a court order.
  16. I wouldn't bother with discovery on them. This isn't a murder trial. You'll see what they have when they move for summary judgment.
  17. Representation by purchaser on printed form beneath conditional bill of sale not admissible as a business entry but hearsay where he was not a party or a witness.
  18. @fisthardcheese @Brotherskeeper @Pericles I have the 100% refund etc in the language in each of the arbitrators resumes I was given. I copy and pasted it below: " ARBITRATION FEES Filing Fee $1,500 - Two Party Matter $2,000 - Matters involving three or more parties $1,500 - Counterclaims • Entire filing fee must be paid in full to expedite the commencement of the proceedings • A refund of $600 will be issued if the matter is withdrawn within five days of filing. After five days, the Filing Fee is non-refundable. Case Management Fee 12% of Professional Fees Professional Fees include time spent for hearings, pre- and post-hearing reading and research, and award preparation, The Case Management Fee includes access to an exclusive nationwide panel of judges, attorneys, and other ADR experts, dedicated services including all administration through the duration of the case, document handling, and use of JAMS conference facilities including after hours and on-site business support. Weekends and holidays are subject to additional charges. FEES FOR OTHER MATTERS (Discovery, Special Master, Reference, Appraisal and Neutral Analysis Matters) Initial non-refundable fee of $600 per party Plus 12% of Professional Fees CANCELLATION/CONTINUANCE POLICY Cancellation/Continuance Period Fee 1 to 2 days.. 30 days or more prior to hearing.. 100% REFUNDABLE, except for time incurred 3 to 5 days. 45 days or more prior to hearing. 100% REFUNDABLE, except for time incurred 5 days or more ..... ... 60 days or more prior to hearing.... .. 100% REFUNDABLE, except for time incurred Hearings of any length... ............. ............ Inside the cancellation/continuance period............NON-REFUNDABLE Unused hearing time is non-refundable. Hearing fees are non-refundable if time scheduled (or a portion thereof) is cancelled or continued after the cancellation date unless the Arbitrator's time can be rescheduled with another matter. The cancellation policy exists because time reserved and later cancelled generally cannot be replaced. In all cases involving non-refundable time, the cancelling or continuing party is responsible for the fees of all parties. A retainer for anticipated preparation and follow-up time will be billed to the parties. Any unused portion will be refunded. All fees are due and payable upon receipt of invoice and payment must be received in advance of hearing. JAMS reserves the right to cancel your hearing if fees are not paid by all parties by the applicable cancellation date and JAMS confirms the cancellation in writing. Receipt of payment for all fees is required prior to service of an arbitration order or award. For arbitrations arising out of employer-promulgated plans, the only fee that an employee may be required to pay is $400. The employer must bear the remainder of the employee's share of the filing fee and all Case Management Fees. Any questions or disagreements about whether a matter arises out of an employer-promulgated plan or an individually negotiated agreement or contract will be determined by JAMS, whose determination shall be final. For arbitrations arising out of pre-dispute arbitration clauses between companies and individual consumers, JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness applies. In those cases, when a consumer (as defined by those Minimum Standards) initiates arbitration against the company, the only fee required to be paid by the consumer is $250. The company must bear the remainder of the consumer's share of the filing fee and all Case Management Fees. Parties that, through mutual agreement, have held their case in abeyance for one year will be a$$essed an annual abeyance fee of $500, and $500 every six months thereafter. If a party refuses to pay the assessed fee, the other party or parties may opt to pay the entire fee on behalf of all parties, otherwise the matter will be closed. JAMS panelists may use a law clerk depending on the complexity of the case. The parties will be informed at the onset of the engagement if the neutral plans to employ a clerk. The clerk's hourly rate will be billed to the parties subject to the agreed fee split and in accordance with JAMS' policies. " This is the same info across all the arbitrators I was give to select from, I'm assuming @robf270 had the same info in all of his... only thing that differed was the hourly rate vs daily rate and the individuals resume you could look up on JAMS.
  19. @Clydesmom For one, without typing a novel on here...I no longer use that email address, so I never even saw the email until I accessed it a few days ago when I was trying to figure out what was going on. Other than that, the only other emails that I could find in that account was another automatically generated email showing that the reoccurring payment plan had been cancelled. Not saying that I am not responsible for the debt, but I did not have anyway of knowing anything was going on. How would I? I stay super busy during the school year because I am a teacher, I let my husband keep up with our budget and bills, etc... I set it up with the correct bank account, and I didn't think anything about it until this was brought to my attention... Initially, I was under the impression that something was wrong with my bank account, or they were not accepting my payments. Anyways, I came on here to get advice on how to proceed with the court, not for someone to tell me that the debt is mine or who I should get money from to pay it. My concern is also whether or not this is the actual creditor, there was not ANY evidence that would support their complaint. In fact, they reported that I made my last payment in February 2019. That is incorrect. I just need help with someone from Texas please... so I can file an answer... Thank you so much!
  20. Very true. My aunt was concerned that something had happened to us. As to other family they are so removed that they would be surprised to hear from me. What really annoys me is they actually came across, a couple of months ago, on Linked in with an ad looking for collectors.... suggesting a pay scale and such but with a notice that all positions were filled. Now they are not listed there. Too bad cause it might have been enough info there to get a location, address, and good phone....
  21. How should I reply asking questions in my discovery? I have found a few a few examples on here is that what I should follow?
  22. NO consumer signs the card agreement. The court will not be looking for one because they know this. The court often does not even look for a signed application because in the digital era those don't exist either. The first one you have to admit if it is your address. The next two I would answer with OBJECTION: the term "relevant" is vague, broad and not defined. Defendant lacks sufficient knowledge to answer. DENIED. Defendant lacks the legal knowledge or expertise to attest to whether documents supplied by the Plaintiff are true, correct, genuine or accurate. DENIED. Plaintiff has provided 2 single pages with the complaint. Discovery is ongoing and the Plaintiff should have more than these two documents in their possession on the account alleged in the complaint. DENIED. DENIED. Plaintiff has provided no documents with the complaint that bear Defendant's signature. OBJECTION: Plaintiff has provided no documents which demonstrate actual charges by which Defendant could reasonably be expected to determine if any were valid or fraudulent. 4. OBJECTION: Plaintiff has provided no documents which demonstrate actual credits or payments by any party. $0. Defendant has not entered into any credit or payment agreement with the Plaintiff and no record of standing has been provided to show that the Plaintiff is entitled to collect on the account alleged in the complaint. OBJECTION: Plaintiff has provided no record of charges allegedly made to the account by which Defendant could reasonably be expected to answer. OBJECTION: Plaintiff has only attached two pages an alleged final statement and a card agreement. Defendant cannot reasonably be expected to admit to all interrogatories and demands based on no evidence being provided with the complaint. Discovery is ongoing. Answer the rest with Harry's statement. What ever you do DO NOT answer with the same exact answer to every one of them. It angers the court and weakens your credibility. Tailoring the majority just a bit gives the impression you read it and took it seriously. They are more hard pressed to try and force answers if the first ones are direct and to the point and not cut and paste.
  23. If they sued you in Justice Court they cannot do discovery without the permission of the court. Given that this is the original creditor the need for discovery is very low because they have all the proof they need to prevail already without the need for affidavits or bill of sale of accounts. Unfortunately the burden was on you to immediately correct that payment method and your still having proof via that email that they did indeed communicate the plan to you makes it worse that you did not react. In their eyes and the court's you have defaulted twice. As Harry said: settle. This is not difficult at all for them to win. If you have to borrow from family to settle in full do that and pay family back. I seriously doubt they will take payments now after 2 defaults.
  24. Yesterday
  25. You're being sued by the original creditor. They'll have what they need to win the lawsuit. Best thing to do is negotiate a settlement with them now before attorney's fees get any higher and you end up with a judgment. The good news is that being in Texas, they can't garnish your wages, so you've got that going for you.
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