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Salsadancer817

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    Tarrant County, Texas

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  1. I am familiar with NACA...I did go to there website, and when you search for specific "debt collector" lawyers in TEXAS, not one lawyer came up.
  2. Hello- Thanks for your help. I did respond to all the questions, and sent my answers by certified mail as the court asked me to do. I basically denied everything because they presented me with no evidence of such debt. I am thinking of possibly hiring a lawyer, I have found a few in Dallas that say they charge a "flat rate" that isn't too bad since my debt is not over $2,500. I appreciate all the information, but it just all seems so overwhelming, and I don't even know where to start. I work too many hours, and don't have sufficient time to study all the rules and laws, and from what I have read, it's like reading another language!
  3. This is the paper work they served me with, and I have since then, sent my answers. I was then mailed a court date for August. As far as discovery questions, do I just send this to there lawyers, and they will be required to answer? Or do I need to get approval from a judge and have them served papers as well? EQUABLE ASCENT FINANCIAL LLC ·In the Justice Court PR 3 PL 1 ASSIGNEE OF GE CAPITAL CORPORATION Plaintiff MY NAME Defendant(s). of TARRANT County Texas PLAINTIFF'S FIRST AMENDED PETITION & FIRST DISCOVERY REQUESTS A. Discovery-Control Plan 1. Plaintiff intends to conduct discovery under Levell of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees. B. Parties 2. The address for Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, is 1120 W.LAKE COOK RD STE B, BUFFALO GROVE, IL 60089. 3. Defendant, MY NAME may be served with process at MY ADDRESS or at such other place as the Defendant may be found. C. Jurisdiction 4. Plaintiff asserts that the above-named court has jurisdiction over the subj ect matter of this case and the person( s) of Defendant( s). D. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be residing in said county at the time of commencement of suit. E. Facts 6. GE CAPITAL CORPORATION (PREFERRED VISION) issued a credit card in the Defendant's(s') name under its account number ending in ************5253. Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. Defendant(s) defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 14,2010. The entire balance on the credit card account is presently due and payable in full. 7. The credit account has been assigned to Plaintiff, and Plaintiff is the current owner of this account. Plaintiff owns all right, title and interest in the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $2,086.66 plus interest. 9. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount, plus accrued interest, less all lawful offsets, credits, or payments, is still due and owing. " ) 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. F. Breach of Contract 11. The issuance of a credit card constitutes the offer of a contract. See, e.g. Bank One, Columbus, NA. v. Palmer, 63 Ohio App. 3d 491,492,579 N.E. 2d 284,285 (Ohio ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant(s). See e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21,150 S.E. 2d 319,320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. FortunofJ, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808,370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 12. By using and/or authorizing the use of the credit card Defendant( s) accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and conditions of the original creditor's cardholder agreement. 13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendant(s)' credit card in payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s) reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an admission of the account balance, since Defendant( s) was/were given both a method and an opportunity to raise such disputes. 14. Defendant(s) breached the contract by defaulting on the payment obligation ofthe credit card agreement. In violation of the Defendant(s)' promises and obligations under the aforementioned written contract, the Defendant(s) breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant(s), as well as unpaid interest. 15. Defendant(s)' breach was a proximate cause of actual damages of $2,086.66 plus interest. All just and lawful offsets, credits, and payments have been applied to the account. G. Damages 16. Plaintiff seeks damages on its liquidated claim in the amount of at least $2,086.66 plus interest, which is within the jurisdictional limits of this court. H. Conditions Precedent 17. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. I. Miscellanv 18. 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. J. Plaintiff's First Discoverv Requests Attached c 19. Plaintiff is attaching hereto Plaintiff's First Request for Discovery, which is to be served on Defendant along with Plaintiff's Amended Petition. Plaintiff's First Request for Discovery includes Plaintif:t:,s Reques_~for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules-of-Civil Procedure 194.3(a), 196.2(a), 198.2(a), and 197.2(a), Plaintiff may serve these discovery requests on Defendant prior to the date Defendant's answer is due, in which case Defendant must serve its response within 50 days after the date of service of the discovery request. See Oliphant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.-Dallas [5th Dist.], 2009)(for the proposition that Plaintiff may attach requests for admissions to its petition); see also Sherman Acquisitions IL L.P. v. Garcia, 229 S.W.3d 802, 813 (Tex.App.-Waco, 2007, no pet.). K. Prayer 20. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $2,086.66. h. Pre-judgment and post-judgment interest. c. Court costs. d. All other relief to which plaintiff is entitled. Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIK,LLC By: ORIGINAL COPY SIGNED MICHAELR. CASTRO,SBN 24065025 SEUNGW. CHAE,SBN 24047837 SHAUNG. BROWN,SBN 24068023 FALLONHAMILTON,SBN 24059202 JEFFREYS. KRAMER,SBN 24057950 YVONNEMIKULIK,SBN 24070271 MELVINTHATHIAH,SBN24048837 JAMILAB. LLOYD;SBN 24045529 NATHANIALD. KHZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF 1486999 Defendant Copy PLAINTIFF'S FIRST DISCOVERY REQUEST To: NAME ADDRESS.. . Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, hereby serves its First Discovery Requests on Defendant, NAME , along with its Original Petition in the abovestyled lawsuit. Plaintiffs First Discovery Requests include, Plaintiffs Request for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194.3(a), 196.2(a) 198.2(a), and 197.2(a), Defendant(s) is directed to serve written responses to Plaitniff's First Discovery Requests and produce all requested documents to Plaintiffs counsel of record at RAUSCH,STURM,ISRAEL,ENERSON&HORNIK, LLC, at 15851 N. Dallas Park-way, Suite 245, Addison TX 75001 (Fax: 214-453-0974 within 50 days after the date of serice of the discovery request. I. NOTICE REGARDING FAILURE TO TIMELY RESPOND TO REQUEST FOR ADMISSIONS In the event Defendant(s) fails to respond in writing to Plaintiffs Request for Admissions within the time period required under Texas Rule of Civil Procedure 198.2(a), Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2©, and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s). rr. INSTRUCTIONS 1. For any document that no longer exists or that cannot be located, identify the document, state how and when it passed out of existence, or when it could no longer be located, and the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document. 2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2) the title or heading that appears on the document; (3) the date the doucment was created and/or executed; and (4) the identity of the author and of the signer of the document. 3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address and telephone number for the person. ill. DEFINIT~ONS The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless the context requires otherwise: l. "Plaintiff' shall mean EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION as well as any of its authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates and/or parent companies. 2. "Defendant", "you" and/or "your" shall mean NAME as well as any of his authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates, parent companies, and/or any other person or entity acting on behalf of and with the permission of NAME In the event there are multiple defendants in this lawsuit, "Defendant" shall be construed to refer to both the singular and plural version and shall be inclusive of all named defendants. 3. "Document" means all written, typed or printed matters, and all magnetic, electronic, or other records or documentation of any kind or description in your actual possession, custody, or control, including those in the possession, custody, or control of any and all present or former directors, officers, employees, consultants, accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant to the subject matter of this action. 4. "Possession", "custody", and/or "control" of an item means that the person either has physical possession of the item or has a right to possession equal or superior to that of the person who has physical possession of theem. 5. "Person" means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest. l J 6. "The Account" shall mean the credit account bearing The Original Creditor account number ending in ************5253 made the subject of this lawsuit. 7. "The Original Creditor" shall mean GE CAPITAL CORPORATION (PREFERRED VISION). Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIKLLC ATTORNEYSINTHEPRACTICEOFDEBTCOLLECTION By: ORIGINAL COPY SIGNED MICHAEL R. CASTRO, SBN 24065025 SEUNGW. CRAB, SBN 24047837 SHAUN G. BROWN, SBN 24068023 FALLON HAMILTON, SBN 24059202 JEFFREY S. KRAMER, SBN 24057950 YVONNE MIKULIK, SBN 24070271 MELVIN THATHIAH, SBN 24048837 JAMILA B. LLOYD, SBN 24045529 NATHANIAL D. KITZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF REQUEST FOR DISCLOSURE Pursuant to Texas Rule of Civil Procedure 194.3 Defendant is requested to disclose within 50 days of service of this Request, the information or material described in Texas Rule of Civil Procedure 194.2(a)-(l). (a) the correct names of the parties to the lawsuit; ( the names, address, and telephone numbers of any potential parties; © the legal theories and, in general, the )"ctual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; (f) for any testifying expert: (1) the expert's name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is .not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; :...., ;. (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, employed by, pr prepared by or for the expert in anticipation of the expert's testimony; and ( the expert's current resume and bibliography; (g) any indemnity and insuring agreements described in Rule 192.3 (f); (h) any settlement agreements described in Rule 192.3 (g); (i) any witness statements described in rule 192.3 (h). REQUEST FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to the following Request for Production and to produce the documentation requested therein to Plaintiff through its attorney of record within 50 days after the date of service. 1. Please produce all documents in your possession relating to the Account, including copies of any account statements, copies of any cards issued on the Account, credit applications, signed contracts, and/or any terms, conditions, cardholder agreements or any amendments to same. 2. Please produce all communications made between you and Plaintiff and/or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response a copy of any request for verification or validation of the Account. 3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The Original Creditor objecting to or disputing any terms, conditions, amendments, charges, purchases, cash-advances, interest rates, late-fees, over- Iimit fees and/or any other fees applied to the Account. 4. Please produce copies of any documents reflecting any payments made by Defendant or on behalf of Defendant to Plaintiff or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response copies of any checks, payment confirmations, and/or banking account statements that reflect payments made to Plaintiff or The Original Creditor. 5. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due payments, offsets, credits and/or deductions in favor of Defendant have not been applied to the Account, please produce all documents in support of such contention, including copies of any payments made and/or bank account statements reflecting payments made. 6. If you contend that Defendant did not owe a balance on the Account to The Original Creditor at the time the Account was closed, please produce all document in support of such contention. 7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result of identity theft and/or fraud, please produce all documents in support of this contention. 8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act or any other Federal or State statute, including the Texas Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code, in connection with the Account, please produce all documents in support of your;6tmtention-: 9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false or deceptive actions with respect to the Account, please produce all documents in support of your contention. 10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect to the Account, please produce all documents in support of your contention. 11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce all documents upon which you base such claims. 12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all documents reviewed and/or relied upon at the time you filed the counterclaims. If an investigation was performed by Defendant's counsel prior to filing the counterclaim, please provide all documents that were reviewed as part of the investigation that are not subject to privilege. 13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of limitations, please produce all documents in support of your contention, including any documents showing when you contend the last payment was made on the Account or when the last purchase/charge was incurred on the Account. 14. If you have asserted any affmnative defenses in response to this lawsuit, please produce all documents in support of each affmnative defense asserted. 15. If you contend that Plaintiff is not the current holder of the Account or does not have standing to bring this lawsuit, please produce all documents in support of your contention, including specifically, any demands or notices received by you from any other party seeking to collect on the Account. REQUEST FOR ADMISSIONS Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions by admitting or denying the truth of the following statements and serve such written responses on Plaintiff through its counsel of record within 50 days after the date of service. In the event Defendant(s) fails to respond in writing to Plaintiff's Request for Admissions within 50 days after the date of service of this Request, Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2( c), and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant( s). Admit or Deny the following Requests: 1. As of the date Plaintiffs Petition was filed Defendant owed Plaintiff $2,086.66 on the Account. 2. Defendant had at least one credit card account with The Original Creditor within the four years immediately preceding the date this lawsuit was filed. 3. Defendant made use of a credit card account issued by The Original Creditor to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 4. Defendant made use of the Account as identified in Plaintiff's Original Petition and defmed herein to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 5. Defendant made at least one payment to The Original Creditor within the four years preceding the date this lawsuit was filed. 6. Defendant has maintained at least one checking and/or banking account within the four years preceding the date this lawsuit was filed. : 3 ,1 7. Defendant was provided with a copy of the applicable terms and conditions and/or the cardholder agreement for the Account prior to making use of the Account. 8. Defendant was permitted to use the Account to make purchases and/or obtain cash advances without signing a copy of the applicable terms and conditions and/or the cardholder agreement for the Account. 9. Defendant is not currently in possession of any applicable terms and conditions and/or cardholder agreement for the Account. 10. Defendant did not object to the applicable terms and conditions and/or cardholder agreement for the Account prior to making use of the Account. 11. Defendant has not received any demands for payment from any of the vendors or merchants where Defendant used the Account to make purchases. 12. The Original Creditor has paid all vendors and merchants for any purchases charged to the Account by Defendant. 13. The Original Creditor permitted Defendant to defer payment for purchases and/or cash advances made on the Account. 14. Defendant knew he/she would be assessed interest, late-fees, over-limit fees and other fees and/or penalties in exchange for the ability to defer payment for purchases and/or cash advances made on the Account. 15. Defendant was notified of all applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed on the Account prior to use of the Account. 16. Defendant did not object to any interest rates, late-fees, over-limit fees or other fees and/or penalties assessed on the Account. 17. Defendant regularly received monthly account statements for the Account from the time the Account was opened until the time the Account was closed. 18. The monthly account statements received by Defendant for the Account accurately set forth all transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. 19. Defendant never objected in writing to any of the transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. Defendant was notified of all changes and/or amendments to the terms and conditions and/or cardholder agreement for the Account. Defendant was notified of any changes to the applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed to the Account. Defendant has made at least one payment to the Original Creditor for charges incurred on the Account within the four years immediately preceding the date this lawsuit was filed. Defendant ceased making payments on the Account. 24. At the time Defendant ceased making payments on the Account a balance remained.owed on the Account. iv •• 25. Defendant received a demand letter for payment from Plaintiff or Plaintiffs attorney prior to the filing of this lawsuit. 26. All due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the Account. 27. Plaintiff is the current owner of the Account. 28. Defendant has not received any demands for payment from The Original Creditor in the 12 months preceding the filing of this lawsuit. PLAINTIFF'S FIRST SET OF INTERROGATORIES 1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial. 2. Please state the factual basis for any affirmative defenses you have asserted in this hb~****. --j 3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by Plaintiff that serve the basis of the counterclaim(s), when they were allegedly committed, and the name(s) of the person who committed them. 4. If you have filed a counterclaim( s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation conducted to determine the validity of the such claims prior to filing such counterclaim(s). 5. If you contend that you have received any demands for payment on the Account from any entity other than the Plaintiff and/or its attorneys within the 12 months preceding the filing of this lawsuit, please identify such entity, the approximate date the demand was made, and how the demand was made (ie - in writing via mail, over the telephone, etc.). If you have not received any demands for payment from any entity other than Plaintiff and/or its attorneys within the 12 months preceding the filing ofthis lawsuit, please answer "NONE". STATE OF TEXAS )SS. ) COUNTY OF TARRANT )SS. VERIFICATION By signing this document, I hereby swear or affirm, subject to the penalty of perjury, that the answers and responses included in the foregoing document are true and correct. My signature affixed hereto also confirms that I have personally read each answer or response and personally affirm them as my own. NAME , Defendant Before me, a notary public, on this day personally appeared the above named authorized person known to me to be the person whose name is subscribed above in connection with the foregoing document and, being by me first duly sworn declared that the statements therein contained are true and correct. Sworn to and subscribed before me by Defendant, NAME , on _ Notary Public in and for The State of Texas My commission expires: Defendant Copy
  4. Thank you for your feedback. Here is more information on my case: 1. Who is the named plaintiff in the suit? Equable Ascent Financial 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel & Hornik. 3. How much are you being sued for? $1300 plus court costs. 4. Who is the original creditor? (if not the Plaintiff) GE Capital 5. How do you know you are being sued? (You were served, right?) I was served, and I have a court date set. 6. How were you served? (Mail, In person, Notice on door) Notice on door. 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Tarrant County, TEXAS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 11. What is the SOL on the debt? To find out: - Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date Suit served. Court date set. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I had 50 days. I responded to the set of interrogatories and other questions they asked. Equable bought my debt, and our suing me for the full amount of that debt. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They did not provide me with any evidence, other than stating they acquired the debt from GE Capital and now own the debt, and want me to pay it to them.
  5. I have recently been sued in TEXAS for by a debt collector for credit card debt. (Totaling about $1300) I got advice from here to send my answers within 50 days, and I did so, denying pretty much everything. I was then sent a court date to appear in August. Any help as to what I do now? I have heard many times the debt collectors will drop the case depending on my answers. How will I know if they do this? When I appear in court, will I have to have a lawyer? I can't afford one, and haven't used one thus far. Please help!
  6. @Texas Rocker...you are right. I accidentally posted it duplicate times.
  7. In the petition, for example, it lists sections A., B., C., D., and so on. 1. states that "Plaintiff intends to conduct discovery under Level 1 of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgement interest, and attorney fees." So is this one of the paragraphs that I "accept" or "deny" to the court?
  8. Thank you all very much for helping me with this! I have questions regarding arbitration. (1) How would I go about filing for that? (2) If I do file, does the plaintiff have a choice to deny arbitration and pursue this through the court?
  9. Thanks for the response. I guess I'm confused as to what answer I am giving the court? As far as the request for admissions, etc. , I'm guessing that is not what I send to the court? Because I got a little paper attached that says "you need to submit your answer to the court with a certificate of service attached. (This is a statement showing you have mailed a copy of your answer to the Plaintiff or Plaintiff's Attorney) So if I have to mail an answer to the court in 10 days, doesn't it also mean that I have to answser the plaintiff in that time frame as well? That's why I am confused what the 50 days is all about. Also I don't know about filing for arbitration because I don't have the money to spend on that. Thanks for your help.
  10. I was served papers that were left on my door last Tuesday. Paper work states that this is legal because they have been unsuccesful at delivering to me in person. I am completely confused as to how to respond to this, so ANY help would be appreciated!!! First thing I am confused about it WHEN to respond. It states that I have 50 days to answer the third party collector, but then it states that "I am commanded to appear by filing a written answer to the plaintiff's petition at or before 10 o'clock a.m. of the Monday next after the expiration of ten days after the date of service of this citation before the justice court then lists the courts address. So I'm confused if I have 50 days to respond, or how many days is this stating? (I was served on March 19th 2013.) Please help! . Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MICHAEL R. CASTRO, FROM LAW FIRM RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $2,086.66 PLUS INTEREST AND ANY COURT COSTS 4. Who is the original creditor? (if not the Plaintiff) GE CAPITAL CORPORATION 5. How do you know you are being sued? (You were served, right?) I WAS SERVED 6. How were you served? (Mail, In person, Notice on door) GUY CAME SEVERAL TIMES WHEN I WAS AT WORK, THEN FINALLY ENDED UP LEAVING PAPERS TAPED TO MY FRONT DOOR. 7. Was the service legal as required by your state? I BELIEVE SO.... 8. What was your correspondence (if any) with the people suing you before you think you were being sued? THEY SENT ME PAPERS IN THE MAIL TRYING TO GET ME TO PAY. 9. What state and county do you live in? TARRANT COUNTY, TEXAS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)FROM WHAT I UNDERSTAND IN THE PAPERWORK THEY SENT, IT IS IN 2010. 11. What is the SOL on the debt? I'M NOT SURE. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I'M NOT SURE, COULD NOT FIND INFO ONLINE. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I DID WHEN I RECIEVED PAPERS FROM LAWYERS SAYING I WAS BEING SUED BY EQUABLE ASCENT FINANCIAL TO SEE WHAT IT WAS ABOUT, BUT OBVIOUSLY THAT WAS TOO LATE. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It states "Monday next after the expiration of (10) days after the date of service of this citation" was served 3/19/2013. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING THAT I COULD TELL. IT'S ASKING ME FOR A "REQUEST FOR DISCLOSURE, REQUEST FOR PRODUCTION, AND REQUEST FOR ADMISSIONS" AND THEN A VERIFICATION WITH A NOTARY. DO I SEND THE VERIFICAITON TO THE COURT OR TO THE DEBT COLLECTOR? THIS IS WHAT I WAS SERVED: *****ALIAS CITATION WfDISCOVERY ATTACHED***** THE STATE OF TEXAS TO: NAME DEFENDANT, GREETINGS: YOU ARE HEREBY COMMANDED TO APPEAR BY FILING A WRITTEN ANSWER TO THE PLAINTIFF'S PETITION AT OR BEFORE TEN O'CLOCK AM. OF THE MONDAY NEXT AFTER THE EXPIRATION OF TEN DAYS AFTER THE DATE OF SERVICE OF THIS CITATION BEFORE THE JUSTICE COURT, PRECINCT THREE AT 1400 MAIN STREET, STE. #220, SOUTHLAKE, TX 76092, SAID PLAINTIFF BEING EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION AND SAID: NAME PLAINTIFF(S) DEFENDANT(S) FILED ON THIS THE 16TH DAY OF AUGUST, 2012, FILE NO, JP03-12-JS00031123 SUED UPON: SEE ATTACHED PETITION, PLUS COURT COSTS PLAINTIFF RESERVES THE RIGHT TO PLEAD FURTHER ORALLY AT TIME OF TRIAL ********************************************************************************** NOTICE TO DEFENDANT YOU HAVE BEEN SUED, YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A M. ON THE NEXT MONDAY, FOLLOWING THE EXPIRATION OF TEN DAYS, AFTER YOU WERE SERVED THIS CITATION AND PETITION; A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOu. . ********************************************************************************** THE OFFICER EXECUTING THIS WRIT SHALL PROMPTLY SERVE THE SAME ACCORDING TO REQUIREMENTS OF LAW, AND THE MANDATES HEREOF, AND MAKE DUE RETURN AS THE LAW DIRECTS, GIVEN UNDER MY HAND ON THIS THE 5TH DAY OF MARCH, 2013, RUSSELL B. CASEY A JUSTICE OF THE PEACE IN AND FOR PRECINCT THREE T~. . TCOUNT~ ~ CL~E~ OF THE JUSTICE COURT CASE NO. JP03-12-JS00031123 -" ; Our File No. 1486999 Case No. JP03-12-JS00031123 v. § § §§§§§§ EQUABLE ASCENT FINANCIAL LLC ·In the Justice Court PR 3 PL 1 ASSIGNEE OF GE CAPITAL CORPORATION Plaintiff MY NAME Defendant(s). of TARRANT County Texas PLAINTIFF'S FIRST AMENDED PETITION & FIRST DISCOVERY REQUESTS A. Discovery-Control Plan 1. Plaintiff intends to conduct discovery under Levell of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees. B. Parties 2. The address for Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, is 1120 W.LAKE COOK RD STE B, BUFFALO GROVE, IL 60089. 3. Defendant, MY NAME may be served with process at MY ADDRESS or at such other place as the Defendant may be found. C. Jurisdiction 4. Plaintiff asserts that the above-named court has jurisdiction over the subj ect matter of this case and the person( s) of Defendant( s). D. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be residing in said county at the time of commencement of suit. E. Facts 6. GE CAPITAL CORPORATION (PREFERRED VISION) issued a credit card in the Defendant's(s') name under its account number ending in ************5253. Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. Defendant(s) defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 14,2010. The entire balance on the credit card account is presently due and payable in full. 7. The credit account has been assigned to Plaintiff, and Plaintiff is the current owner of this account. Plaintiff owns all right, title and interest in the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $2,086.66 plus interest. 9. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount, plus accrued interest, less all lawful offsets, credits, or payments, is still due and owing. " ) 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. F. Breach of Contract 11. The issuance of a credit card constitutes the offer of a contract. See, e.g. Bank One, Columbus, NA. v. Palmer, 63 Ohio App. 3d 491,492,579 N.E. 2d 284,285 (Ohio ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant(s). See e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21,150 S.E. 2d 319,320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. FortunofJ, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808,370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 12. By using and/or authorizing the use of the credit card Defendant( s) accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and conditions of the original creditor's cardholder agreement. 13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendant(s)' credit card in payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s) reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an admission of the account balance, since Defendant( s) was/were given both a method and an opportunity to raise such disputes. 14. Defendant(s) breached the contract by defaulting on the payment obligation ofthe credit card agreement. In violation of the Defendant(s)' promises and obligations under the aforementioned written contract, the Defendant(s) breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant(s), as well as unpaid interest. 15. Defendant(s)' breach was a proximate cause of actual damages of $2,086.66 plus interest. All just and lawful offsets, credits, and payments have been applied to the account. G. Damages 16. Plaintiff seeks damages on its liquidated claim in the amount of at least $2,086.66 plus interest, which is within the jurisdictional limits of this court. H. Conditions Precedent 17. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. I. Miscellanv 18. 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. J. Plaintiff's First Discoverv Requests Attached c 19. Plaintiff is attaching hereto Plaintiff's First Request for Discovery, which is to be served on Defendant along with Plaintiff's Amended Petition. Plaintiff's First Request for Discovery includes Plaintif:t:,s Reques_~for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules-of-Civil Procedure 194.3(a), 196.2(a), 198.2(a), and 197.2(a), Plaintiff may serve these discovery requests on Defendant prior to the date Defendant's answer is due, in which case Defendant must serve its response within 50 days after the date of service of the discovery request. See Oliphant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.-Dallas [5th Dist.], 2009)(for the proposition that Plaintiff may attach requests for admissions to its petition); see also Sherman Acquisitions IL L.P. v. Garcia, 229 S.W.3d 802, 813 (Tex.App.-Waco, 2007, no pet.). K. Prayer 20. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $2,086.66. h. Pre-judgment and post-judgment interest. c. Court costs. d. All other relief to which plaintiff is entitled. Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIK,LLC By: ORIGINAL COPY SIGNED MICHAELR. CASTRO,SBN 24065025 SEUNGW. CHAE,SBN 24047837 SHAUNG. BROWN,SBN 24068023 FALLONHAMILTON,SBN 24059202 JEFFREYS. KRAMER,SBN 24057950 YVONNEMIKULIK,SBN 24070271 MELVINTHATHIAH,SBN24048837 JAMILAB. LLOYD;SBN 24045529 NATHANIALD. KHZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF 1486999 Defendant Copy PLAINTIFF'S FIRST DISCOVERY REQUEST To: NAME ADDRESS.. . Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, hereby serves its First Discovery Requests on Defendant, NAME , along with its Original Petition in the abovestyled lawsuit. Plaintiffs First Discovery Requests include, Plaintiffs Request for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194.3(a), 196.2(a) 198.2(a), and 197.2(a), Defendant(s) is directed to serve written responses to Plaitniff's First Discovery Requests and produce all requested documents to Plaintiffs counsel of record at RAUSCH,STURM,ISRAEL,ENERSON&HORNIK, LLC, at 15851 N. Dallas Park-way, Suite 245, Addison TX 75001 (Fax: 214-453-0974 within 50 days after the date of serice of the discovery request. I. NOTICE REGARDING FAILURE TO TIMELY RESPOND TO REQUEST FOR ADMISSIONS In the event Defendant(s) fails to respond in writing to Plaintiffs Request for Admissions within the time period required under Texas Rule of Civil Procedure 198.2(a), Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2©, and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s). rr. INSTRUCTIONS 1. For any document that no longer exists or that cannot be located, identify the document, state how and when it passed out of existence, or when it could no longer be located, and the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document. 2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2) the title or heading that appears on the document; (3) the date the doucment was created and/or executed; and (4) the identity of the author and of the signer of the document. 3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address and telephone number for the person. ill. DEFINIT~ONS The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless the context requires otherwise: l. "Plaintiff' shall mean EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION as well as any of its authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates and/or parent companies. 2. "Defendant", "you" and/or "your" shall mean NAME as well as any of his authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates, parent companies, and/or any other person or entity acting on behalf of and with the permission of NAME In the event there are multiple defendants in this lawsuit, "Defendant" shall be construed to refer to both the singular and plural version and shall be inclusive of all named defendants. 3. "Document" means all written, typed or printed matters, and all magnetic, electronic, or other records or documentation of any kind or description in your actual possession, custody, or control, including those in the possession, custody, or control of any and all present or former directors, officers, employees, consultants, accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant to the subject matter of this action. 4. "Possession", "custody", and/or "control" of an item means that the person either has physical possession of the item or has a right to possession equal or superior to that of the person who has physical possession of theem. 5. "Person" means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest. l J 6. "The Account" shall mean the credit account bearing The Original Creditor account number ending in ************5253 made the subject of this lawsuit. 7. "The Original Creditor" shall mean GE CAPITAL CORPORATION (PREFERRED VISION). Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIKLLC ATTORNEYSINTHEPRACTICEOFDEBTCOLLECTION By: ORIGINAL COPY SIGNED MICHAEL R. CASTRO, SBN 24065025 SEUNGW. CRAB, SBN 24047837 SHAUN G. BROWN, SBN 24068023 FALLON HAMILTON, SBN 24059202 JEFFREY S. KRAMER, SBN 24057950 YVONNE MIKULIK, SBN 24070271 MELVIN THATHIAH, SBN 24048837 JAMILA B. LLOYD, SBN 24045529 NATHANIAL D. KITZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF REQUEST FOR DISCLOSURE Pursuant to Texas Rule of Civil Procedure 194.3 Defendant is requested to disclose within 50 days of service of this Request, the information or material described in Texas Rule of Civil Procedure 194.2(a)-(l). (a) the correct names of the parties to the lawsuit; ( the names, address, and telephone numbers of any potential parties; © the legal theories and, in general, the )"ctual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; (f) for any testifying expert: (1) the expert's name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is .not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; :...., ;. (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, employed by, pr prepared by or for the expert in anticipation of the expert's testimony; and ( the expert's current resume and bibliography; (g) any indemnity and insuring agreements described in Rule 192.3 (f); (h) any settlement agreements described in Rule 192.3 (g); (i) any witness statements described in rule 192.3 (h). REQUEST FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to the following Request for Production and to produce the documentation requested therein to Plaintiff through its attorney of record within 50 days after the date of service. 1. Please produce all documents in your possession relating to the Account, including copies of any account statements, copies of any cards issued on the Account, credit applications, signed contracts, and/or any terms, conditions, cardholder agreements or any amendments to same. 2. Please produce all communications made between you and Plaintiff and/or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response a copy of any request for verification or validation of the Account. 3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The Original Creditor objecting to or disputing any terms, conditions, amendments, charges, purchases, cash-advances, interest rates, late-fees, over- Iimit fees and/or any other fees applied to the Account. 4. Please produce copies of any documents reflecting any payments made by Defendant or on behalf of Defendant to Plaintiff or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response copies of any checks, payment confirmations, and/or banking account statements that reflect payments made to Plaintiff or The Original Creditor. 5. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due payments, offsets, credits and/or deductions in favor of Defendant have not been applied to the Account, please produce all documents in support of such contention, including copies of any payments made and/or bank account statements reflecting payments made. 6. If you contend that Defendant did not owe a balance on the Account to The Original Creditor at the time the Account was closed, please produce all document in support of such contention. 7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result of identity theft and/or fraud, please produce all documents in support of this contention. 8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act or any other Federal or State statute, including the Texas Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code, in connection with the Account, please produce all documents in support of your;6tmtention-: 9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false or deceptive actions with respect to the Account, please produce all documents in support of your contention. 10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect to the Account, please produce all documents in support of your contention. 11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce all documents upon which you base such claims. 12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all documents reviewed and/or relied upon at the time you filed the counterclaims. If an investigation was performed by Defendant's counsel prior to filing the counterclaim, please provide all documents that were reviewed as part of the investigation that are not subject to privilege. 13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of limitations, please produce all documents in support of your contention, including any documents showing when you contend the last payment was made on the Account or when the last purchase/charge was incurred on the Account. 14. If you have asserted any affmnative defenses in response to this lawsuit, please produce all documents in support of each affmnative defense asserted. 15. If you contend that Plaintiff is not the current holder of the Account or does not have standing to bring this lawsuit, please produce all documents in support of your contention, including specifically, any demands or notices received by you from any other party seeking to collect on the Account. REQUEST FOR ADMISSIONS Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions by admitting or denying the truth of the following statements and serve such written responses on Plaintiff through its counsel of record within 50 days after the date of service. In the event Defendant(s) fails to respond in writing to Plaintiff's Request for Admissions within 50 days after the date of service of this Request, Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2( c), and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant( s). Admit or Deny the following Requests: 1. As of the date Plaintiffs Petition was filed Defendant owed Plaintiff $2,086.66 on the Account. 2. Defendant had at least one credit card account with The Original Creditor within the four years immediately preceding the date this lawsuit was filed. 3. Defendant made use of a credit card account issued by The Original Creditor to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 4. Defendant made use of the Account as identified in Plaintiff's Original Petition and defmed herein to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 5. Defendant made at least one payment to The Original Creditor within the four years preceding the date this lawsuit was filed. 6. Defendant has maintained at least one checking and/or banking account within the four years preceding the date this lawsuit was filed. : 3 ,1 7. Defendant was provided with a copy of the applicable terms and conditions and/or the cardholder agreement for the Account prior to making use of the Account. 8. Defendant was permitted to use the Account to make purchases and/or obtain cash advances without signing a copy of the applicable terms and conditions and/or the cardholder agreement for the Account. 9. Defendant is not currently in possession of any applicable terms and conditions and/or cardholder agreement for the Account. 10. Defendant did not object to the applicable terms and conditions and/or cardholder agreement for the Account prior to making use of the Account. 11. Defendant has not received any demands for payment from any of the vendors or merchants where Defendant used the Account to make purchases. 12. The Original Creditor has paid all vendors and merchants for any purchases charged to the Account by Defendant. 13. The Original Creditor permitted Defendant to defer payment for purchases and/or cash advances made on the Account. 14. Defendant knew he/she would be assessed interest, late-fees, over-limit fees and other fees and/or penalties in exchange for the ability to defer payment for purchases and/or cash advances made on the Account. 15. Defendant was notified of all applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed on the Account prior to use of the Account. 16. Defendant did not object to any interest rates, late-fees, over-limit fees or other fees and/or penalties assessed on the Account. 17. Defendant regularly received monthly account statements for the Account from the time the Account was opened until the time the Account was closed. 18. The monthly account statements received by Defendant for the Account accurately set forth all transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. 19. Defendant never objected in writing to any of the transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. Defendant was notified of all changes and/or amendments to the terms and conditions and/or cardholder agreement for the Account. Defendant was notified of any changes to the applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed to the Account. Defendant has made at least one payment to the Original Creditor for charges incurred on the Account within the four years immediately preceding the date this lawsuit was filed. Defendant ceased making payments on the Account. 24. At the time Defendant ceased making payments on the Account a balance remained.owed on the Account. iv •• 25. Defendant received a demand letter for payment from Plaintiff or Plaintiffs attorney prior to the filing of this lawsuit. 26. All due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the Account. 27. Plaintiff is the current owner of the Account. 28. Defendant has not received any demands for payment from The Original Creditor in the 12 months preceding the filing of this lawsuit. PLAINTIFF'S FIRST SET OF INTERROGATORIES 1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial. 2. Please state the factual basis for any affirmative defenses you have asserted in this hb~****. --j 3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by Plaintiff that serve the basis of the counterclaim(s), when they were allegedly committed, and the name(s) of the person who committed them. 4. If you have filed a counterclaim( s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation conducted to determine the validity of the such claims prior to filing such counterclaim(s). 5. If you contend that you have received any demands for payment on the Account from any entity other than the Plaintiff and/or its attorneys within the 12 months preceding the filing of this lawsuit, please identify such entity, the approximate date the demand was made, and how the demand was made (ie - in writing via mail, over the telephone, etc.). If you have not received any demands for payment from any entity other than Plaintiff and/or its attorneys within the 12 months preceding the filing ofthis lawsuit, please answer "NONE". STATE OF TEXAS )SS. ) COUNTY OF TARRANT )SS. VERIFICATION By signing this document, I hereby swear or affirm, subject to the penalty of perjury, that the answers and responses included in the foregoing document are true and correct. My signature affixed hereto also confirms that I have personally read each answer or response and personally affirm them as my own. NAME , Defendant Before me, a notary public, on this day personally appeared the above named authorized person known to me to be the person whose name is subscribed above in connection with the foregoing document and, being by me first duly sworn declared that the statements therein contained are true and correct. Sworn to and subscribed before me by Defendant, NAME , on _ Notary Public in and for The State of Texas My commission expires: Defendant Copy
  11. I was served papers that were left on my door last Tuesday. Paper work states that this is legal because they have been unsuccesful at delivering to me in person. I am completely confused as to how to respond to this, so ANY help would be appreciated!!! First thing I am confused about it WHEN to respond. It states that I have 50 days to answer the third party collector, but then it states that "I am commanded to appear by filing a written answer to the plaintiff's petition at or before 10 o'clock a.m. of the Monday next after the expiration of ten days after the date of service of this citation before the justice court then lists the courts address. So I'm confused if I have 50 days to respond, or how many days is this stating? (I was served on March 19th 2013.) Please help! . Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MICHAEL R. CASTRO, FROM LAW FIRM RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $2,086.66 PLUS INTEREST AND ANY COURT COSTS 4. Who is the original creditor? (if not the Plaintiff) GE CAPITAL CORPORATION 5. How do you know you are being sued? (You were served, right?) I WAS SERVED 6. How were you served? (Mail, In person, Notice on door) GUY CAME SEVERAL TIMES WHEN I WAS AT WORK, THEN FINALLY ENDED UP LEAVING PAPERS TAPED TO MY FRONT DOOR. 7. Was the service legal as required by your state? I BELIEVE SO.... 8. What was your correspondence (if any) with the people suing you before you think you were being sued? THEY SENT ME PAPERS IN THE MAIL TRYING TO GET ME TO PAY. 9. What state and county do you live in? TARRANT COUNTY, TEXAS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)FROM WHAT I UNDERSTAND IN THE PAPERWORK THEY SENT, IT IS IN 2010. 11. What is the SOL on the debt? I'M NOT SURE. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I'M NOT SURE, COULD NOT FIND INFO ONLINE. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I DID WHEN I RECIEVED PAPERS FROM LAWYERS SAYING I WAS BEING SUED BY EQUABLE ASCENT FINANCIAL TO SEE WHAT IT WAS ABOUT, BUT OBVIOUSLY THAT WAS TOO LATE. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It states "Monday next after the expiration of (10) days after the date of service of this citation" was served 3/19/2013. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING THAT I COULD TELL. IT'S ASKING ME FOR A "REQUEST FOR DISCLOSURE, REQUEST FOR PRODUCTION, AND REQUEST FOR ADMISSIONS" AND THEN A VERIFICATION WITH A NOTARY. DO I SEND THE VERIFICAITON TO THE COURT OR TO THE DEBT COLLECTOR? THIS IS WHAT I WAS SERVED: *****ALIAS CITATION WfDISCOVERY ATTACHED***** THE STATE OF TEXAS TO: NAME DEFENDANT, GREETINGS: YOU ARE HEREBY COMMANDED TO APPEAR BY FILING A WRITTEN ANSWER TO THE PLAINTIFF'S PETITION AT OR BEFORE TEN O'CLOCK AM. OF THE MONDAY NEXT AFTER THE EXPIRATION OF TEN DAYS AFTER THE DATE OF SERVICE OF THIS CITATION BEFORE THE JUSTICE COURT, PRECINCT THREE AT 1400 MAIN STREET, STE. #220, SOUTHLAKE, TX 76092, SAID PLAINTIFF BEING EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION AND SAID: NAME PLAINTIFF(S) DEFENDANT(S) FILED ON THIS THE 16TH DAY OF AUGUST, 2012, FILE NO, JP03-12-JS00031123 SUED UPON: SEE ATTACHED PETITION, PLUS COURT COSTS PLAINTIFF RESERVES THE RIGHT TO PLEAD FURTHER ORALLY AT TIME OF TRIAL ********************************************************************************** NOTICE TO DEFENDANT YOU HAVE BEEN SUED, YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A M. ON THE NEXT MONDAY, FOLLOWING THE EXPIRATION OF TEN DAYS, AFTER YOU WERE SERVED THIS CITATION AND PETITION; A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOu. . ********************************************************************************** THE OFFICER EXECUTING THIS WRIT SHALL PROMPTLY SERVE THE SAME ACCORDING TO REQUIREMENTS OF LAW, AND THE MANDATES HEREOF, AND MAKE DUE RETURN AS THE LAW DIRECTS, GIVEN UNDER MY HAND ON THIS THE 5TH DAY OF MARCH, 2013, RUSSELL B. CASEY A JUSTICE OF THE PEACE IN AND FOR PRECINCT THREE T~. . TCOUNT~ ~ CL~E~ OF THE JUSTICE COURT CASE NO. JP03-12-JS00031123 -" ; Our File No. 1486999 Case No. JP03-12-JS00031123 v. § § §§§§§§ EQUABLE ASCENT FINANCIAL LLC ·In the Justice Court PR 3 PL 1 ASSIGNEE OF GE CAPITAL CORPORATION Plaintiff MY NAME Defendant(s). of TARRANT County Texas PLAINTIFF'S FIRST AMENDED PETITION & FIRST DISCOVERY REQUESTS A. Discovery-Control Plan 1. Plaintiff intends to conduct discovery under Levell of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees. B. Parties 2. The address for Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, is 1120 W.LAKE COOK RD STE B, BUFFALO GROVE, IL 60089. 3. Defendant, MY NAME may be served with process at MY ADDRESS or at such other place as the Defendant may be found. C. Jurisdiction 4. Plaintiff asserts that the above-named court has jurisdiction over the subj ect matter of this case and the person( s) of Defendant( s). D. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be residing in said county at the time of commencement of suit. E. Facts 6. GE CAPITAL CORPORATION (PREFERRED VISION) issued a credit card in the Defendant's(s') name under its account number ending in ************5253. Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. Defendant(s) defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 14,2010. The entire balance on the credit card account is presently due and payable in full. 7. The credit account has been assigned to Plaintiff, and Plaintiff is the current owner of this account. Plaintiff owns all right, title and interest in the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $2,086.66 plus interest. 9. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount, plus accrued interest, less all lawful offsets, credits, or payments, is still due and owing. " ) 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. F. Breach of Contract 11. The issuance of a credit card constitutes the offer of a contract. See, e.g. Bank One, Columbus, NA. v. Palmer, 63 Ohio App. 3d 491,492,579 N.E. 2d 284,285 (Ohio ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant(s). See e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21,150 S.E. 2d 319,320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. FortunofJ, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808,370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 12. By using and/or authorizing the use of the credit card Defendant( s) accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and conditions of the original creditor's cardholder agreement. 13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendant(s)' credit card in payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s) reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an admission of the account balance, since Defendant( s) was/were given both a method and an opportunity to raise such disputes. 14. Defendant(s) breached the contract by defaulting on the payment obligation ofthe credit card agreement. In violation of the Defendant(s)' promises and obligations under the aforementioned written contract, the Defendant(s) breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant(s), as well as unpaid interest. 15. Defendant(s)' breach was a proximate cause of actual damages of $2,086.66 plus interest. All just and lawful offsets, credits, and payments have been applied to the account. G. Damages 16. Plaintiff seeks damages on its liquidated claim in the amount of at least $2,086.66 plus interest, which is within the jurisdictional limits of this court. H. Conditions Precedent 17. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. I. Miscellanv 18. 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. J. Plaintiff's First Discoverv Requests Attached c 19. Plaintiff is attaching hereto Plaintiff's First Request for Discovery, which is to be served on Defendant along with Plaintiff's Amended Petition. Plaintiff's First Request for Discovery includes Plaintif:t:,s Reques_~for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules-of-Civil Procedure 194.3(a), 196.2(a), 198.2(a), and 197.2(a), Plaintiff may serve these discovery requests on Defendant prior to the date Defendant's answer is due, in which case Defendant must serve its response within 50 days after the date of service of the discovery request. See Oliphant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.-Dallas [5th Dist.], 2009)(for the proposition that Plaintiff may attach requests for admissions to its petition); see also Sherman Acquisitions IL L.P. v. Garcia, 229 S.W.3d 802, 813 (Tex.App.-Waco, 2007, no pet.). K. Prayer 20. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $2,086.66. h. Pre-judgment and post-judgment interest. c. Court costs. d. All other relief to which plaintiff is entitled. Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIK,LLC By: ORIGINAL COPY SIGNED MICHAELR. CASTRO,SBN 24065025 SEUNGW. CHAE,SBN 24047837 SHAUNG. BROWN,SBN 24068023 FALLONHAMILTON,SBN 24059202 JEFFREYS. KRAMER,SBN 24057950 YVONNEMIKULIK,SBN 24070271 MELVINTHATHIAH,SBN24048837 JAMILAB. LLOYD;SBN 24045529 NATHANIALD. KHZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF 1486999 Defendant Copy PLAINTIFF'S FIRST DISCOVERY REQUEST To: NAME ADDRESS.. . Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, hereby serves its First Discovery Requests on Defendant, NAME , along with its Original Petition in the abovestyled lawsuit. Plaintiffs First Discovery Requests include, Plaintiffs Request for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194.3(a), 196.2(a) 198.2(a), and 197.2(a), Defendant(s) is directed to serve written responses to Plaitniff's First Discovery Requests and produce all requested documents to Plaintiffs counsel of record at RAUSCH,STURM,ISRAEL,ENERSON&HORNIK, LLC, at 15851 N. Dallas Park-way, Suite 245, Addison TX 75001 (Fax: 214-453-0974 within 50 days after the date of serice of the discovery request. I. NOTICE REGARDING FAILURE TO TIMELY RESPOND TO REQUEST FOR ADMISSIONS In the event Defendant(s) fails to respond in writing to Plaintiffs Request for Admissions within the time period required under Texas Rule of Civil Procedure 198.2(a), Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2©, and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s). rr. INSTRUCTIONS 1. For any document that no longer exists or that cannot be located, identify the document, state how and when it passed out of existence, or when it could no longer be located, and the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document. 2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2) the title or heading that appears on the document; (3) the date the doucment was created and/or executed; and (4) the identity of the author and of the signer of the document. 3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address and telephone number for the person. ill. DEFINIT~ONS The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless the context requires otherwise: l. "Plaintiff' shall mean EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION as well as any of its authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates and/or parent companies. 2. "Defendant", "you" and/or "your" shall mean NAME as well as any of his authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates, parent companies, and/or any other person or entity acting on behalf of and with the permission of NAME In the event there are multiple defendants in this lawsuit, "Defendant" shall be construed to refer to both the singular and plural version and shall be inclusive of all named defendants. 3. "Document" means all written, typed or printed matters, and all magnetic, electronic, or other records or documentation of any kind or description in your actual possession, custody, or control, including those in the possession, custody, or control of any and all present or former directors, officers, employees, consultants, accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant to the subject matter of this action. 4. "Possession", "custody", and/or "control" of an item means that the person either has physical possession of the item or has a right to possession equal or superior to that of the person who has physical possession of theem. 5. "Person" means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest. l J 6. "The Account" shall mean the credit account bearing The Original Creditor account number ending in ************5253 made the subject of this lawsuit. 7. "The Original Creditor" shall mean GE CAPITAL CORPORATION (PREFERRED VISION). Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIKLLC ATTORNEYSINTHEPRACTICEOFDEBTCOLLECTION By: ORIGINAL COPY SIGNED MICHAEL R. CASTRO, SBN 24065025 SEUNGW. CRAB, SBN 24047837 SHAUN G. BROWN, SBN 24068023 FALLON HAMILTON, SBN 24059202 JEFFREY S. KRAMER, SBN 24057950 YVONNE MIKULIK, SBN 24070271 MELVIN THATHIAH, SBN 24048837 JAMILA B. LLOYD, SBN 24045529 NATHANIAL D. KITZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF REQUEST FOR DISCLOSURE Pursuant to Texas Rule of Civil Procedure 194.3 Defendant is requested to disclose within 50 days of service of this Request, the information or material described in Texas Rule of Civil Procedure 194.2(a)-(l). (a) the correct names of the parties to the lawsuit; ( the names, address, and telephone numbers of any potential parties; © the legal theories and, in general, the )"ctual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; (f) for any testifying expert: (1) the expert's name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is .not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; :...., ;. (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, employed by, pr prepared by or for the expert in anticipation of the expert's testimony; and ( the expert's current resume and bibliography; (g) any indemnity and insuring agreements described in Rule 192.3 (f); (h) any settlement agreements described in Rule 192.3 (g); (i) any witness statements described in rule 192.3 (h). REQUEST FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to the following Request for Production and to produce the documentation requested therein to Plaintiff through its attorney of record within 50 days after the date of service. 1. Please produce all documents in your possession relating to the Account, including copies of any account statements, copies of any cards issued on the Account, credit applications, signed contracts, and/or any terms, conditions, cardholder agreements or any amendments to same. 2. Please produce all communications made between you and Plaintiff and/or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response a copy of any request for verification or validation of the Account. 3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The Original Creditor objecting to or disputing any terms, conditions, amendments, charges, purchases, cash-advances, interest rates, late-fees, over- Iimit fees and/or any other fees applied to the Account. 4. Please produce copies of any documents reflecting any payments made by Defendant or on behalf of Defendant to Plaintiff or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response copies of any checks, payment confirmations, and/or banking account statements that reflect payments made to Plaintiff or The Original Creditor. 5. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due payments, offsets, credits and/or deductions in favor of Defendant have not been applied to the Account, please produce all documents in support of such contention, including copies of any payments made and/or bank account statements reflecting payments made. 6. If you contend that Defendant did not owe a balance on the Account to The Original Creditor at the time the Account was closed, please produce all document in support of such contention. 7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result of identity theft and/or fraud, please produce all documents in support of this contention. 8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act or any other Federal or State statute, including the Texas Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code, in connection with the Account, please produce all documents in support of your;6tmtention-: 9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false or deceptive actions with respect to the Account, please produce all documents in support of your contention. 10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect to the Account, please produce all documents in support of your contention. 11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce all documents upon which you base such claims. 12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all documents reviewed and/or relied upon at the time you filed the counterclaims. If an investigation was performed by Defendant's counsel prior to filing the counterclaim, please provide all documents that were reviewed as part of the investigation that are not subject to privilege. 13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of limitations, please produce all documents in support of your contention, including any documents showing when you contend the last payment was made on the Account or when the last purchase/charge was incurred on the Account. 14. If you have asserted any affmnative defenses in response to this lawsuit, please produce all documents in support of each affmnative defense asserted. 15. If you contend that Plaintiff is not the current holder of the Account or does not have standing to bring this lawsuit, please produce all documents in support of your contention, including specifically, any demands or notices received by you from any other party seeking to collect on the Account. REQUEST FOR ADMISSIONS Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions by admitting or denying the truth of the following statements and serve such written responses on Plaintiff through its counsel of record within 50 days after the date of service. In the event Defendant(s) fails to respond in writing to Plaintiff's Request for Admissions within 50 days after the date of service of this Request, Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2( c), and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant( s). Admit or Deny the following Requests: 1. As of the date Plaintiffs Petition was filed Defendant owed Plaintiff $2,086.66 on the Account. 2. Defendant had at least one credit card account with The Original Creditor within the four years immediately preceding the date this lawsuit was filed. 3. Defendant made use of a credit card account issued by The Original Creditor to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 4. Defendant made use of the Account as identified in Plaintiff's Original Petition and defmed herein to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 5. Defendant made at least one payment to The Original Creditor within the four years preceding the date this lawsuit was filed. 6. Defendant has maintained at least one checking and/or banking account within the four years preceding the date this lawsuit was filed. : 3 ,1 7. Defendant was provided with a copy of the applicable terms and conditions and/or the cardholder agreement for the Account prior to making use of the Account. 8. Defendant was permitted to use the Account to make purchases and/or obtain cash advances without signing a copy of the applicable terms and conditions and/or the cardholder agreement for the Account. 9. Defendant is not currently in possession of any applicable terms and conditions and/or cardholder agreement for the Account. 10. Defendant did not object to the applicable terms and conditions and/or cardholder agreement for the Account prior to making use of the Account. 11. Defendant has not received any demands for payment from any of the vendors or merchants where Defendant used the Account to make purchases. 12. The Original Creditor has paid all vendors and merchants for any purchases charged to the Account by Defendant. 13. The Original Creditor permitted Defendant to defer payment for purchases and/or cash advances made on the Account. 14. Defendant knew he/she would be assessed interest, late-fees, over-limit fees and other fees and/or penalties in exchange for the ability to defer payment for purchases and/or cash advances made on the Account. 15. Defendant was notified of all applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed on the Account prior to use of the Account. 16. Defendant did not object to any interest rates, late-fees, over-limit fees or other fees and/or penalties assessed on the Account. 17. Defendant regularly received monthly account statements for the Account from the time the Account was opened until the time the Account was closed. 18. The monthly account statements received by Defendant for the Account accurately set forth all transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. 19. Defendant never objected in writing to any of the transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. Defendant was notified of all changes and/or amendments to the terms and conditions and/or cardholder agreement for the Account. Defendant was notified of any changes to the applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed to the Account. Defendant has made at least one payment to the Original Creditor for charges incurred on the Account within the four years immediately preceding the date this lawsuit was filed. Defendant ceased making payments on the Account. 24. At the time Defendant ceased making payments on the Account a balance remained.owed on the Account. iv •• 25. Defendant received a demand letter for payment from Plaintiff or Plaintiffs attorney prior to the filing of this lawsuit. 26. All due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the Account. 27. Plaintiff is the current owner of the Account. 28. Defendant has not received any demands for payment from The Original Creditor in the 12 months preceding the filing of this lawsuit. PLAINTIFF'S FIRST SET OF INTERROGATORIES 1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial. 2. Please state the factual basis for any affirmative defenses you have asserted in this hb~****. --j 3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by Plaintiff that serve the basis of the counterclaim(s), when they were allegedly committed, and the name(s) of the person who committed them. 4. If you have filed a counterclaim( s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation conducted to determine the validity of the such claims prior to filing such counterclaim(s). 5. If you contend that you have received any demands for payment on the Account from any entity other than the Plaintiff and/or its attorneys within the 12 months preceding the filing of this lawsuit, please identify such entity, the approximate date the demand was made, and how the demand was made (ie - in writing via mail, over the telephone, etc.). If you have not received any demands for payment from any entity other than Plaintiff and/or its attorneys within the 12 months preceding the filing ofthis lawsuit, please answer "NONE". STATE OF TEXAS )SS. ) COUNTY OF TARRANT )SS. VERIFICATION By signing this document, I hereby swear or affirm, subject to the penalty of perjury, that the answers and responses included in the foregoing document are true and correct. My signature affixed hereto also confirms that I have personally read each answer or response and personally affirm them as my own. NAME , Defendant Before me, a notary public, on this day personally appeared the above named authorized person known to me to be the person whose name is subscribed above in connection with the foregoing document and, being by me first duly sworn declared that the statements therein contained are true and correct. Sworn to and subscribed before me by Defendant, NAME , on _ Notary Public in and for The State of Texas My commission expires: Defendant Copy
  12. I was served papers that were left on my door last Tuesday. Paper work states that this is legal because they have been unsuccesful at delivering to me in person. I am completely confused as to how to respond to this, so ANY help would be appreciated!!! First thing I am confused about it WHEN to respond. It states that I have 50 days to answer the third party collector, but then it states that "I am commanded to appear by filing a written answer to the plaintiff's petition at or before 10 o'clock a.m. of the Monday next after the expiration of ten days after the date of service of this citation before the justice court then lists the courts address. So I'm confused if I have 50 days to respond, or how many days is this stating? (I was served on March 19th 2013.) Please help! . Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MICHAEL R. CASTRO, FROM LAW FIRM RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $2,086.66 PLUS INTEREST AND ANY COURT COSTS 4. Who is the original creditor? (if not the Plaintiff) GE CAPITAL CORPORATION 5. How do you know you are being sued? (You were served, right?) I WAS SERVED 6. How were you served? (Mail, In person, Notice on door) GUY CAME SEVERAL TIMES WHEN I WAS AT WORK, THEN FINALLY ENDED UP LEAVING PAPERS TAPED TO MY FRONT DOOR. 7. Was the service legal as required by your state? I BELIEVE SO.... 8. What was your correspondence (if any) with the people suing you before you think you were being sued? THEY SENT ME PAPERS IN THE MAIL TRYING TO GET ME TO PAY. 9. What state and county do you live in? TARRANT COUNTY, TEXAS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)FROM WHAT I UNDERSTAND IN THE PAPERWORK THEY SENT, IT IS IN 2010. 11. What is the SOL on the debt? I'M NOT SURE. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I'M NOT SURE, COULD NOT FIND INFO ONLINE. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I DID WHEN I RECIEVED PAPERS FROM LAWYERS SAYING I WAS BEING SUED BY EQUABLE ASCENT FINANCIAL TO SEE WHAT IT WAS ABOUT, BUT OBVIOUSLY THAT WAS TOO LATE. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It states "Monday next after the expiration of (10) days after the date of service of this citation" was served 3/19/2013. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING THAT I COULD TELL. IT'S ASKING ME FOR A "REQUEST FOR DISCLOSURE, REQUEST FOR PRODUCTION, AND REQUEST FOR ADMISSIONS" AND THEN A VERIFICATION WITH A NOTARY. DO I SEND THE VERIFICAITON TO THE COURT OR TO THE DEBT COLLECTOR? THIS IS WHAT I WAS SERVED: *****ALIAS CITATION WfDISCOVERY ATTACHED***** THE STATE OF TEXAS TO: NAME DEFENDANT, GREETINGS: YOU ARE HEREBY COMMANDED TO APPEAR BY FILING A WRITTEN ANSWER TO THE PLAINTIFF'S PETITION AT OR BEFORE TEN O'CLOCK AM. OF THE MONDAY NEXT AFTER THE EXPIRATION OF TEN DAYS AFTER THE DATE OF SERVICE OF THIS CITATION BEFORE THE JUSTICE COURT, PRECINCT THREE AT 1400 MAIN STREET, STE. #220, SOUTHLAKE, TX 76092, SAID PLAINTIFF BEING EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION AND SAID: NAME PLAINTIFF(S) DEFENDANT(S) FILED ON THIS THE 16TH DAY OF AUGUST, 2012, FILE NO, JP03-12-JS00031123 SUED UPON: SEE ATTACHED PETITION, PLUS COURT COSTS PLAINTIFF RESERVES THE RIGHT TO PLEAD FURTHER ORALLY AT TIME OF TRIAL ********************************************************************************** NOTICE TO DEFENDANT YOU HAVE BEEN SUED, YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A M. ON THE NEXT MONDAY, FOLLOWING THE EXPIRATION OF TEN DAYS, AFTER YOU WERE SERVED THIS CITATION AND PETITION; A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOu. . ********************************************************************************** THE OFFICER EXECUTING THIS WRIT SHALL PROMPTLY SERVE THE SAME ACCORDING TO REQUIREMENTS OF LAW, AND THE MANDATES HEREOF, AND MAKE DUE RETURN AS THE LAW DIRECTS, GIVEN UNDER MY HAND ON THIS THE 5TH DAY OF MARCH, 2013, RUSSELL B. CASEY A JUSTICE OF THE PEACE IN AND FOR PRECINCT THREE T~. . TCOUNT~ ~ CL~E~ OF THE JUSTICE COURT CASE NO. JP03-12-JS00031123 -" ; Our File No. 1486999 Case No. JP03-12-JS00031123 v. § § §§§§§§ EQUABLE ASCENT FINANCIAL LLC ·In the Justice Court PR 3 PL 1 ASSIGNEE OF GE CAPITAL CORPORATION Plaintiff MY NAME Defendant(s). of TARRANT County Texas PLAINTIFF'S FIRST AMENDED PETITION & FIRST DISCOVERY REQUESTS A. Discovery-Control Plan 1. Plaintiff intends to conduct discovery under Levell of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees. B. Parties 2. The address for Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, is 1120 W.LAKE COOK RD STE B, BUFFALO GROVE, IL 60089. 3. Defendant, MY NAME may be served with process at MY ADDRESS or at such other place as the Defendant may be found. C. Jurisdiction 4. Plaintiff asserts that the above-named court has jurisdiction over the subj ect matter of this case and the person( s) of Defendant( s). D. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be residing in said county at the time of commencement of suit. E. Facts 6. GE CAPITAL CORPORATION (PREFERRED VISION) issued a credit card in the Defendant's(s') name under its account number ending in ************5253. Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. Defendant(s) defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 14,2010. The entire balance on the credit card account is presently due and payable in full. 7. The credit account has been assigned to Plaintiff, and Plaintiff is the current owner of this account. Plaintiff owns all right, title and interest in the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $2,086.66 plus interest. 9. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount, plus accrued interest, less all lawful offsets, credits, or payments, is still due and owing. " ) 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. F. Breach of Contract 11. The issuance of a credit card constitutes the offer of a contract. See, e.g. Bank One, Columbus, NA. v. Palmer, 63 Ohio App. 3d 491,492,579 N.E. 2d 284,285 (Ohio ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant(s). See e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21,150 S.E. 2d 319,320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. FortunofJ, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808,370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 12. By using and/or authorizing the use of the credit card Defendant( s) accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and conditions of the original creditor's cardholder agreement. 13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendant(s)' credit card in payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s) reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an admission of the account balance, since Defendant( s) was/were given both a method and an opportunity to raise such disputes. 14. Defendant(s) breached the contract by defaulting on the payment obligation ofthe credit card agreement. In violation of the Defendant(s)' promises and obligations under the aforementioned written contract, the Defendant(s) breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant(s), as well as unpaid interest. 15. Defendant(s)' breach was a proximate cause of actual damages of $2,086.66 plus interest. All just and lawful offsets, credits, and payments have been applied to the account. G. Damages 16. Plaintiff seeks damages on its liquidated claim in the amount of at least $2,086.66 plus interest, which is within the jurisdictional limits of this court. H. Conditions Precedent 17. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. I. Miscellanv 18. 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. J. Plaintiff's First Discoverv Requests Attached c 19. Plaintiff is attaching hereto Plaintiff's First Request for Discovery, which is to be served on Defendant along with Plaintiff's Amended Petition. Plaintiff's First Request for Discovery includes Plaintif:t:,s Reques_~for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules-of-Civil Procedure 194.3(a), 196.2(a), 198.2(a), and 197.2(a), Plaintiff may serve these discovery requests on Defendant prior to the date Defendant's answer is due, in which case Defendant must serve its response within 50 days after the date of service of the discovery request. See Oliphant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.-Dallas [5th Dist.], 2009)(for the proposition that Plaintiff may attach requests for admissions to its petition); see also Sherman Acquisitions IL L.P. v. Garcia, 229 S.W.3d 802, 813 (Tex.App.-Waco, 2007, no pet.). K. Prayer 20. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $2,086.66. h. Pre-judgment and post-judgment interest. c. Court costs. d. All other relief to which plaintiff is entitled. Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIK,LLC By: ORIGINAL COPY SIGNED MICHAELR. CASTRO,SBN 24065025 SEUNGW. CHAE,SBN 24047837 SHAUNG. BROWN,SBN 24068023 FALLONHAMILTON,SBN 24059202 JEFFREYS. KRAMER,SBN 24057950 YVONNEMIKULIK,SBN 24070271 MELVINTHATHIAH,SBN24048837 JAMILAB. LLOYD;SBN 24045529 NATHANIALD. KHZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF 1486999 Defendant Copy PLAINTIFF'S FIRST DISCOVERY REQUEST To: NAME ADDRESS.. . Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, hereby serves its First Discovery Requests on Defendant, NAME , along with its Original Petition in the abovestyled lawsuit. Plaintiffs First Discovery Requests include, Plaintiffs Request for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194.3(a), 196.2(a) 198.2(a), and 197.2(a), Defendant(s) is directed to serve written responses to Plaitniff's First Discovery Requests and produce all requested documents to Plaintiffs counsel of record at RAUSCH,STURM,ISRAEL,ENERSON&HORNIK, LLC, at 15851 N. Dallas Park-way, Suite 245, Addison TX 75001 (Fax: 214-453-0974 within 50 days after the date of serice of the discovery request. I. NOTICE REGARDING FAILURE TO TIMELY RESPOND TO REQUEST FOR ADMISSIONS In the event Defendant(s) fails to respond in writing to Plaintiffs Request for Admissions within the time period required under Texas Rule of Civil Procedure 198.2(a), Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2©, and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s). rr. INSTRUCTIONS 1. For any document that no longer exists or that cannot be located, identify the document, state how and when it passed out of existence, or when it could no longer be located, and the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document. 2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2) the title or heading that appears on the document; (3) the date the doucment was created and/or executed; and (4) the identity of the author and of the signer of the document. 3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address and telephone number for the person. ill. DEFINIT~ONS The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless the context requires otherwise: l. "Plaintiff' shall mean EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION as well as any of its authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates and/or parent companies. 2. "Defendant", "you" and/or "your" shall mean NAME as well as any of his authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates, parent companies, and/or any other person or entity acting on behalf of and with the permission of NAME In the event there are multiple defendants in this lawsuit, "Defendant" shall be construed to refer to both the singular and plural version and shall be inclusive of all named defendants. 3. "Document" means all written, typed or printed matters, and all magnetic, electronic, or other records or documentation of any kind or description in your actual possession, custody, or control, including those in the possession, custody, or control of any and all present or former directors, officers, employees, consultants, accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant to the subject matter of this action. 4. "Possession", "custody", and/or "control" of an item means that the person either has physical possession of the item or has a right to possession equal or superior to that of the person who has physical possession of theem. 5. "Person" means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest. l J 6. "The Account" shall mean the credit account bearing The Original Creditor account number ending in ************5253 made the subject of this lawsuit. 7. "The Original Creditor" shall mean GE CAPITAL CORPORATION (PREFERRED VISION). Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIKLLC ATTORNEYSINTHEPRACTICEOFDEBTCOLLECTION By: ORIGINAL COPY SIGNED MICHAEL R. CASTRO, SBN 24065025 SEUNGW. CRAB, SBN 24047837 SHAUN G. BROWN, SBN 24068023 FALLON HAMILTON, SBN 24059202 JEFFREY S. KRAMER, SBN 24057950 YVONNE MIKULIK, SBN 24070271 MELVIN THATHIAH, SBN 24048837 JAMILA B. LLOYD, SBN 24045529 NATHANIAL D. KITZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF REQUEST FOR DISCLOSURE Pursuant to Texas Rule of Civil Procedure 194.3 Defendant is requested to disclose within 50 days of service of this Request, the information or material described in Texas Rule of Civil Procedure 194.2(a)-(l). (a) the correct names of the parties to the lawsuit; ( the names, address, and telephone numbers of any potential parties; © the legal theories and, in general, the )"ctual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; (f) for any testifying expert: (1) the expert's name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is .not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; :...., ;. (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, employed by, pr prepared by or for the expert in anticipation of the expert's testimony; and ( the expert's current resume and bibliography; (g) any indemnity and insuring agreements described in Rule 192.3 (f); (h) any settlement agreements described in Rule 192.3 (g); (i) any witness statements described in rule 192.3 (h). REQUEST FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to the following Request for Production and to produce the documentation requested therein to Plaintiff through its attorney of record within 50 days after the date of service. 1. Please produce all documents in your possession relating to the Account, including copies of any account statements, copies of any cards issued on the Account, credit applications, signed contracts, and/or any terms, conditions, cardholder agreements or any amendments to same. 2. Please produce all communications made between you and Plaintiff and/or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response a copy of any request for verification or validation of the Account. 3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The Original Creditor objecting to or disputing any terms, conditions, amendments, charges, purchases, cash-advances, interest rates, late-fees, over- Iimit fees and/or any other fees applied to the Account. 4. Please produce copies of any documents reflecting any payments made by Defendant or on behalf of Defendant to Plaintiff or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response copies of any checks, payment confirmations, and/or banking account statements that reflect payments made to Plaintiff or The Original Creditor. 5. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due payments, offsets, credits and/or deductions in favor of Defendant have not been applied to the Account, please produce all documents in support of such contention, including copies of any payments made and/or bank account statements reflecting payments made. 6. If you contend that Defendant did not owe a balance on the Account to The Original Creditor at the time the Account was closed, please produce all document in support of such contention. 7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result of identity theft and/or fraud, please produce all documents in support of this contention. 8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act or any other Federal or State statute, including the Texas Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code, in connection with the Account, please produce all documents in support of your;6tmtention-: 9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false or deceptive actions with respect to the Account, please produce all documents in support of your contention. 10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect to the Account, please produce all documents in support of your contention. 11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce all documents upon which you base such claims. 12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all documents reviewed and/or relied upon at the time you filed the counterclaims. If an investigation was performed by Defendant's counsel prior to filing the counterclaim, please provide all documents that were reviewed as part of the investigation that are not subject to privilege. 13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of limitations, please produce all documents in support of your contention, including any documents showing when you contend the last payment was made on the Account or when the last purchase/charge was incurred on the Account. 14. If you have asserted any affmnative defenses in response to this lawsuit, please produce all documents in support of each affmnative defense asserted. 15. If you contend that Plaintiff is not the current holder of the Account or does not have standing to bring this lawsuit, please produce all documents in support of your contention, including specifically, any demands or notices received by you from any other party seeking to collect on the Account. REQUEST FOR ADMISSIONS Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions by admitting or denying the truth of the following statements and serve such written responses on Plaintiff through its counsel of record within 50 days after the date of service. In the event Defendant(s) fails to respond in writing to Plaintiff's Request for Admissions within 50 days after the date of service of this Request, Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2( c), and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant( s). Admit or Deny the following Requests: 1. As of the date Plaintiffs Petition was filed Defendant owed Plaintiff $2,086.66 on the Account. 2. Defendant had at least one credit card account with The Original Creditor within the four years immediately preceding the date this lawsuit was filed. 3. Defendant made use of a credit card account issued by The Original Creditor to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 4. Defendant made use of the Account as identified in Plaintiff's Original Petition and defmed herein to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 5. Defendant made at least one payment to The Original Creditor within the four years preceding the date this lawsuit was filed. 6. Defendant has maintained at least one checking and/or banking account within the four years preceding the date this lawsuit was filed. : 3 ,1 7. Defendant was provided with a copy of the applicable terms and conditions and/or the cardholder agreement for the Account prior to making use of the Account. 8. Defendant was permitted to use the Account to make purchases and/or obtain cash advances without signing a copy of the applicable terms and conditions and/or the cardholder agreement for the Account. 9. Defendant is not currently in possession of any applicable terms and conditions and/or cardholder agreement for the Account. 10. Defendant did not object to the applicable terms and conditions and/or cardholder agreement for the Account prior to making use of the Account. 11. Defendant has not received any demands for payment from any of the vendors or merchants where Defendant used the Account to make purchases. 12. The Original Creditor has paid all vendors and merchants for any purchases charged to the Account by Defendant. 13. The Original Creditor permitted Defendant to defer payment for purchases and/or cash advances made on the Account. 14. Defendant knew he/she would be assessed interest, late-fees, over-limit fees and other fees and/or penalties in exchange for the ability to defer payment for purchases and/or cash advances made on the Account. 15. Defendant was notified of all applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed on the Account prior to use of the Account. 16. Defendant did not object to any interest rates, late-fees, over-limit fees or other fees and/or penalties assessed on the Account. 17. Defendant regularly received monthly account statements for the Account from the time the Account was opened until the time the Account was closed. 18. The monthly account statements received by Defendant for the Account accurately set forth all transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. 19. Defendant never objected in writing to any of the transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. Defendant was notified of all changes and/or amendments to the terms and conditions and/or cardholder agreement for the Account. Defendant was notified of any changes to the applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed to the Account. Defendant has made at least one payment to the Original Creditor for charges incurred on the Account within the four years immediately preceding the date this lawsuit was filed. Defendant ceased making payments on the Account. 24. At the time Defendant ceased making payments on the Account a balance remained.owed on the Account. iv •• 25. Defendant received a demand letter for payment from Plaintiff or Plaintiffs attorney prior to the filing of this lawsuit. 26. All due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the Account. 27. Plaintiff is the current owner of the Account. 28. Defendant has not received any demands for payment from The Original Creditor in the 12 months preceding the filing of this lawsuit. PLAINTIFF'S FIRST SET OF INTERROGATORIES 1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial. 2. Please state the factual basis for any affirmative defenses you have asserted in this hb~****. --j 3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by Plaintiff that serve the basis of the counterclaim(s), when they were allegedly committed, and the name(s) of the person who committed them. 4. If you have filed a counterclaim( s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation conducted to determine the validity of the such claims prior to filing such counterclaim(s). 5. If you contend that you have received any demands for payment on the Account from any entity other than the Plaintiff and/or its attorneys within the 12 months preceding the filing of this lawsuit, please identify such entity, the approximate date the demand was made, and how the demand was made (ie - in writing via mail, over the telephone, etc.). If you have not received any demands for payment from any entity other than Plaintiff and/or its attorneys within the 12 months preceding the filing ofthis lawsuit, please answer "NONE". STATE OF TEXAS )SS. ) COUNTY OF TARRANT )SS. VERIFICATION By signing this document, I hereby swear or affirm, subject to the penalty of perjury, that the answers and responses included in the foregoing document are true and correct. My signature affixed hereto also confirms that I have personally read each answer or response and personally affirm them as my own. NAME , Defendant Before me, a notary public, on this day personally appeared the above named authorized person known to me to be the person whose name is subscribed above in connection with the foregoing document and, being by me first duly sworn declared that the statements therein contained are true and correct. Sworn to and subscribed before me by Defendant, NAME , on _ Notary Public in and for The State of Texas My commission expires: Defendant Copy
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