iEscape

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About iEscape

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  1. I'm not a lawyer and this isn't legal advice -- the following are just the thoughts of a fellow defendant.... I agree with Clydesmom about removing the usury defense (TRCP 93.11). If you insist on keeping it, it requires a verified denial (pg.6), or an unsworn declaration. You may want to re-redact the plaintiff's petition PDF you've uploaded to remove the cause number, bar code at the top, and anything else identifying, if you care to. I can read your name through the marker. I don't know about using texasrocker's special exception to account stated argument in your answer.
  2. Has anyone sent discovery / admissions / interrogatories to a lawyer representing Portfolio Recovery Associates that references the Consumer Financial Protection Bureau's consent order against them? If so, would you please share? Thanks in advance!
  3. Have you tried using Tor Browser to access the sites your ISP seem to be blocking? Using Tor is a better alternative to using a "free" proxy, if you can't afford paid proxy / VPN services.
  4. I believe this only affects people using the Defendant's Original Answer that texasrocker shares with Texas residents, but I haven't searched the forum for help provided in other states. I discovered the following while researching the answer I ended up filing with the court. With much appreciation, I used some of what texasrocker provided, but I had to abandon most of it because I didn't believe it applied to my specific case. It's almost always going to be pointless to claim the usury defense provided by texasrocker ("Defendant asserts that the interest rates charged by the original c
  5. Thank you for that texasrocker! I'm curious -- why do you think I have a good chance against this law firm? Obviously, I'd rather not declare BK7 if I don't have to. If I fight and lose this case, is it a trivial matter to discharge its judgment in a BK7 when DFS accounts are supposedly secured? I assume I should omit the line that says, "Defendant asserts that the claims are barred by the applicable statute of limitations." since I'm within the SOL? When you say to edit the parts in red: Instead, Plaintiff alleges "Defendant's account has been assigned to Plaintiff, and Plai
  6. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? Rausch, Sturm, Israel, Enerson & Hornik, LLC 4. Who is the original creditor? (if not the Plaintiff) "Account" opened with Dell Financial Services, LLC On the first set of discovery, "the original creditor" left blank. On the second set of discovery, "the original creditor" shall mean Portfolio Recovery Associates, LLC 10. When is the last time you paid on this account? within SOL 12. What is the