jkr9010

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About jkr9010

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  1. I sent a letter and have received no response. Can anyone provide me with an example for the motion to compel? Really appreciate any help someone can provide. Thanks
  2. I filed an answer then a petition to file discovery. Had a hearing on my answer and judge allowed the case to continue. She asked to see a draft of the request for discovery. I provided it and was approved to submit it. I did so and it was delivered to the attorney 45+ days ago and I have received no response. I have received notification of a trial date just over a month away. Should I file a motion to compel discovery? If not what should I be ready to say/argue when I come to trial? Thanks for any help anyone can provide. John 1. Who is the named plaintiff in the suit
  3. Answer and Motion for Discovery have both been filed now. Someone had a list of items to ask for in Discovery if it is granted or asked for. I can't find it, does anyone have it?
  4. Thanks everyone. It looks like @texasrocker is the expert here, based on the fact his posts have been linked to several times, hopefully he can chime in before I have to proceed. I've started drafting an answer based on the one he posted and has been linked to. Still not clear in if I should file a motion to dismiss instead or at the same time. Also if I go with an answer it looks like I need to file a petition for discovery and may need to attach the motion with it. Thanks all, reading everything I can.
  5. Sorry for being a bit dense, never had to do this before. MTD = Motion to Dismiss? If so should I file that right away instead of an answer or at the same time as an answer or wait and do it at some other time? Reading the linked thread. Thanks.
  6. Thanks everyone. JP court = Justive of the Peace, I've learned in Texas debt under 10k can be filed there. To answer the earlier question: Did they include any statements showing any amounts charged? - No attachments. Did they provide a bill of sale or assignment showing they own the debt? - No Bill of sale is usually not very good if they did because they never list your account and makes it easy to defeat. Did they include a copy of the credit card agreement? - No
  7. I originally posted this in another sub-forum but believe this is actually the correct place now. I'll delete from the other. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Michael J Garza Dallas, TX / Rausch, Strum, Israel, Enerson & Hornik, LLC 3. How much are you being sued for? - A little over $5,000 4. Who is the original creditor? (if not the Plaintiff) - Capital One 5. How do you know you are being sued?
  8. Sorry, pushed submit before going back and adding details. This is a credit card debt I believe was opened in my name with my details by my then wife, now ex-wife. I understand under the law this is not considered fraud and even if it had been opened in her name I could still be held responsible. The debt is within statue of limitations as it was last paid on in Jan 13.
  9. I require help please. I was just served with a suit and have 14 days to respond. I will provide any info requested as soon as possible and greatly appreciate any assistance. Plaintiff: Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. Court: Justice of the Peace Plaintiff Attorney: Michael J Garza, Dallas, TX The final page lists Rausch, Sturm, Israel, Enerson & Hornik, LLC. I have scanned and redacted copies for anyone that is willing to help me. Thanks. Edited to attach documents. Small Redacted.pdf