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Everything posted by RichD

  1. Is there a list sonewhere of what they can take upon winning, or what is protected? Wgat is a good settlement percentage? Any advice?
  2. 1. Who is the named plaintiff in the suit? CitiBank 2. What is the name of the law firm handling the suit? Rausch, Sturm, Israel, Enerson, & Hornick 3. How much are you being sued for? 3562.19 4. Who is the original creditor? (if not the Plaintiff) CitiBank / Home Depot Account 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I Guess So 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Usual Collection calls and letters. I can't prove but was recieving phone calls threatening civil/criminal summons at home or work, which stopped just prior to service. When would return call couldn't get live person, number repeatedly changed. 9. What state and county do you live in? Coryell 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) Dec 2013 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Preparing to Answer Citation 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? No 15. How long do you have to respond to the suit? 14 days from 7/14/2015, so I think 7/28/15 We need to know what the "charges" are. Please post what they are claiming. Breach of Contract, and Account Stated Did you receive an interrogatory (questionnaire) regarding suit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None - I had to scan a copy of the receipt that I signed for service. Service receipt and Citation were uploaded in 1st post.
  3. I was served with notice of suit by CitBank. Is for CC debt. Their Attorney is Rausch, Sturm, Israel, Enerson, & Hornick out of Dallas. Can Anyone help craft a response and tell me how to proceed? I redacted my name and address from the service receipt (that I had to scan at my home because server didn't have a copy to give me) and the Citation, before I uploaded them. If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? Is sending their attorney copy via fax acceptable if I have a the confirmation page? A little tight to pay for Reg Rtn Rcpt. Any help/guidance would be great. Thanks in advance, RichD
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