txneedhelp

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About txneedhelp

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  1. Thank you so much for the information I am truly grateful for all the help. @texasrocker Just to clarify do I ask for approval to conduct discovery at the same time as I submit my answer? Also is there a formal way I need to request that approval. (just do not want to mess up)
  2. Never been sued before and I read a post that said I should start my own post so that the details are specific to me. I was served notice today and it says i am being sued. It also states I have 14 days to respond to the Justice Court. 1)plaintiff " Portfolio Recovery Associates LLC ASSIGNEE OF CITIBANK, N.A. (The Home Depot) 2)Rausch, Strum, Israel, Enerson, & Hornik, LLC 3) a little less than $5 k 4) Home Depot 5) Served by person 6) I assume it is a "legal" service 7)no communication 8) Tx (prefer not to mention county to remain private unless absolutely needed) 9) Oct 2012 10) SOL 4 years 11) 14 day response time 12) no request for validation...didn't know about this company 13) only has petition with A. PArties B. Jurisdiction C. Venue D. Facts E. Count 1 " breach of contract" F. Count 2 Account Stated "Plaintiff is entitled to recover on an account stated in a claim because (1) transactions between the plaintiff and defendant(s) gave rise to the indebtedness (2) there existed an agreement between plaintiff and defendant(s) which established the amount due plaintiff, and (3) the defendant(s) promised to pay the plaintiff on the indebtedness. G. Damages (asking for the amount) h. Condition Precedent "all conditions precedent to the plaintiff's claim for relief have been performed or have occurred. I. Miscellany "The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. j. Prayer asking for damages, court costs, and any other relief entitled