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Everything posted by TexasToast

  1. Order-Dismissed for Want of Prosecution.
  2. The day of reckoning is approaching and I have a queston. If the case receives a Dismissal for Want of Prosecution should I still submit my answer afterwards incase the lawyer tries to get the case reinstated post dismissal? Should I have the answer on file with the court or will doing this trigger the lawyer to try to get the case reinstated?
  3. Well, that would explain the difference TX1983.
  4. @racecar I need to put together my answer. Can you give me an example of what this needs to include and look like based on my attached documents? Thanks.
  5. Thank you for the info. I'd certainly welcome any recommendations regarding local attorneys.
  6. Fyi, I'm not of the illusion that the attorney won't file a Motion to Retain. Based on his history, it could go either way for the DWOP. I'm going to prepare my Answer this week as well as work on my response to the Request for Disclosures/Request for Admissions. Any help would be highly appreciated. I've also been reading up on the civil procedures and rules. Quick question....would you hire an attorney to fight this if you could afford to do so? I can probably make it happen, but money is pretty tight. Just wondering if an attorney would take all of the same angles and use the same tactics as suggested in these forums. Fighting this Pro Se doesn't sound like an adventure I'd willingly sign up for if I had the choice.
  7. From the Judge's website: A. All newly filed cases are given a dismissal date 120 days after the filing date (on the next available Friday). Notice of the dismissal date will be promptly mailed to the party/counsel. The case WILL BE DISMISSED for want of prosecution if the following does not occur prior to the dismissal date: Process of service is completed and an answer is filed, Process of service is completed and default judgment is granted, Motion to Retain (with verification and certificate of service) filed and set for hearing (cannot retain a case more than once). This is why I need to wait until the afternoon of the 27th. Filing my answer any earlier would end the opportunity for a DWOP.
  8. Actually, in Texas it's 20 days plus till the following Monday at 10:00am. So, even though 20 days is Thursday the 26th, I have until the following Monday (30th) at 10:00am. I don't see where it would help me to get it in before the Dismissal Hearing at 9:00am on Friday the 27th. In Texas, if the defendant has been served and no answer has been filed, then it's within the parameters to Dismissal for Want of Prosecution. The plan is to go to the clerk's office on the afternoon of the 27th with my answer....just in case the judge doesn't dismiss the case.
  9. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC Assignees of Capital One 2. What is the name of the law firm handling the suit? Law Office of Regent and Assoc (Anh Regent) 3. How much are you being sued for? $4XXX.XX 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Substitute Served on door 6. How were you served? 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? Texas, Dallas County 10. When is the last time you paid on this account? 9/2009 (Lawsuit initiated on 5/28/2013) 11. What is the SOL on the debt? To find out: 4 years 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Motion and Order for Substitute Service. HUGE NOTE: Dismissal Hearing set for 9/27/2013. My answer is not due until Monday, Sept 30th @10:00am. 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? See Attached for claims. As noted, I have till the 30th to Answer the Complaint. Hoping for a "Dismissal for Want of Prosecution". 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. None, what you see attached is what they supplied. So, this is where I am at the moment. My plan is to put an answer together, but not submit it until Monday, Sept30th. I will know at that time if the case has been dismissed or if the JDB has Retained the case on the docket. Correct?
  10. Thought as long as they filed the suit within the SOL they were good to go? Or is it based on served date?
  11. I disputed this account with a credit bureau and they sided with the JDB. How will this affect me?
  12. Good afternoon everyone, I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many others are dismissed with or without prejudice. Seems to me her plate is full with Banks suing Banks, etc. and she doesn't like to fight the CC suits. Probably only 1% has been decided in her favor based strictly on the failure of the defendant to "answer" in a timely manner, thus the plaintiff receives a default. I have every intention of fighting this suit so I'll be asking for help along the way. I appreciate the knowledge I've already aquired just from lurking the last few days and I look forward to winning my case.
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