Lucent

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Lucent last won the day on July 8 2018

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About Lucent

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  1. Two separate lawsuits. Mine were CACH / RSIEH in Travis County. They non-suited on both following our demands for production including flow agreements, and discovery. The responses were fun to read. Here is an example of one demand for production. Others followed the same path: So if I read their response correctly, they are suing me for an alleged debt, but they are not required to have the actual records that prove the debt? Seriously, you can't make this up. I am not sure if I would have won at trial, but they folded before I had to find out. They never did provide signed contracts. L
  2. @Clydesmom I find your constant animosity to @texasrocker interesting. Why can't you accept other tactics? Why the constant negativity? What are you missing in your life to feel the need to constantly argue? Helping people fight JDB tactics can take several paths. Sometimes you win, sometimes you lose. In Texas it seems that @texasrocker has been able to help a good percentage win their cases. Me included. Using the same discovery and denials you constantly denigrate allowed me to win two suits totaling over $45k. Instead of constantly being negative maybe you could use your expertise to present alternative options in a positive manner. You do have a large amount of experience, but constantly getting into pissing matches helps no one. Just Saying....
  3. I have to say, the incessant negative drivel from the folks outside of Texas is becoming painful. And I am just a casual observer of this forum... not a 5,000 post regular with nothing else to do. You may be an expert in another state, but seriously, stay the h*ll out of Texas unless you have supported, and won for folks here. The constant arrogance you exhibit for supposed superior methods grows old. There is no sure way to beat debt suits. Strategies work some of the time, some times not. How many cases have been lost under your arbitration method versus won? How many by the @texasrocker process? I recently won two JDB suits that totaled more than $45k using @texasrocker discovery. So it does work, and I am biased. Obviously your mileage may vary. But seriously folks, get off the high horse. There is always another opinion, or a bigger fish. Your way may be right for you and many others, but there is always another path. The intent of this forum is to provide guidance on options, not run down one strategy or the other. Let the individual decide based on data and ongoing results. The continuing animosity is not productive. Flame vest on....
  4. What was your original summons, and your response? Can you post redacted documents? Does the court you are in allow for discovery? I think folks need a bit more detail. The timeline seems to be very fast. L
  5. If I could repay the original lenders I would. Business failed, and we fell behind and they would not offer payment terms. So they wrote it off, and I was left to deal with the JDB. To be clear, these were high dollar cases both in excess of $15k, so one would think the JDB would pay attention. Instead they folded when challenged. Obviously your results may differ, but in my case it all fell into place. I objected with total denials. Then followed with answers denying all of their discovery. Followed with my discovery demanding flow documents, and proof of legal transfer of ownership. Piling on. Secondary answer after adding representation included a plea to the jurisdiction for lack of standing, no signed contract and SOL. They went silent and finally folded. They could not meet the standard, but might have won in court with a friendly judge. Seems they decided to pass.... Like I have said, your mileage may vary. L
  6. We won! 2 for 2 in Texas against CACH. And both are now past the SOL. Each case was for breach of contract with Web Bank (Lending Club), for significant 5 digit amounts. Both cases were filed in Travis County Texas. CACH was the JDB and the bulk of my original filings followed postings from texasrocker. Thanks @texasrocker Case #1: I started off Pro Se with my answers (general denial found on this site) and discovery (also found on the site). The JDB never responded to my discovery. Not knowing how to file motions, I got cold feet at this point and hired legal help. My new lawyer filed an amended answer including a plea to the jurisdiction for lack of standing (many good examples on this site) calling out the fact that the JDB petition did not include signed contracts. He also added an SOL affirmative defense. At the same time, he filed a new discovery request, which again demanded chain of title and flow agreements. JDB had never responded to my initial discovery. Discovery was again ignored by the JDB and 60 days later, the JDB filed a Nonsuit. ____________________________________________________________ Case #2: The second case followed the same path with the one difference being the JDB did respond to my discovery, which included a demand for flow agreements, after I sent a demand letter. Their response was filled with a ream of junk paper and objections claiming client privilege or no requirement to maintain records. My new lawyer did not file a second discovery request, opting to only file an amended answer mirroring the first case. The case then sat idle with no action for 12 months. Finally, after no movement or contact the JDB nonsuited on day 444 of the case. ____________________________________________________________ Two wins using the general strategy of texasrocker to get me started pro se, and then a very similar strategy with my attorney. Yes, the texasrocker strategy can still work in Texas. Maybe it was just dumb luck or whatever, but in my case it worked. Lucent
  7. We won! Sorry for the silence. Didn’t want to poke the Bear. This was actually two parallel cases. In any event we are two for two. And both are now past the SOL. 1st case: JDB nonsuited after I added representation and we filed an updated answer. 2nd case: JDB went silent after adding representation and finally nonsuited after a year of silence Case #1: I started off Pro Se with my answers (general denial found on this site) and discovery (also found on the site). The JDB never responded to my discovery. Not knowing how to file motions, I got cold feet at this point and hired legal help. My new lawyer filed an amended answer including a plea to the jurisdiction for lack of standing (many good examples on this site) calling out the fact that the JDB petition did not include signed contracts. He also added an SOL affirmative defense. At the same time, he filed a new discovery request, which again demanded chain of title and flow agreements. JDB had never responded to my initial discovery. Discovery was again ignored by the JDB and 60 days later, the JDB filed a Nonsuit. ____________________________________________________________ Case #2: The second case followed the same path with the one difference being the JDB did respond to my discovery, which included a demand for flow agreements, after I sent a demand letter. Their response was filled with a ream of junk paper and objections claiming client privilege or no requirement to maintain records. My new lawyer did not file a second discovery request, opting to only file an amended answer mirroring the first case. The case then sat idle with no action for 12 months. Finally, after no movement or contact the JDB nonsuited on day 444 of the case. ____________________________________________________________ Two wins using the general strategy of texasrocker to get me started pro se, and then a very similar strategy with my attorney. Yes, the texasrocker strategy can still work in Texas. Thanks @texasrocker Maybe it was just dumb luck or whatever, but in my case it worked. Lucent
  8. Thanks texasrocker. Always appreciated. Before filing the MTC should I send the following? 1. Meet and confer letter 2. Interrogatories 3. Request for Privilege Log Seems I would want these on record 1st. L
  9. Anybody? I am not feeling very good about all of this at the moment. Exactly how the JDB want me to feel. L
  10. How do I challenge the signers of the affidavits? They did not provide any address details but they did submit multiple affidavits. But are also saying they will call no witnesses. Should I do Admissions and Interrogatories to challenge their actual knowledge of the account? Seems that might be my next attack route. Or do I proceed with the MSJ for lack of evidence? L
  11. Well I spoke too soon. Received the JDB response to my discovery in the mail today. Guess my letter actually worked. Huge packet of all kinds of paper. On my Discovery they basically objected to everything. On my chain of title request they are claiming work product and privilege For the rest they are claiming 12 C.F.R 226.25 says they don’t have to retain any of the records I requested. I should have them. Well OK, and I can’t find them. They objected to production of: Warranties or representations Credit agreement bearing my signature Itemized statements for the alleged account Any other documents Stating they will call no witnesses. The packet includes an inch of paper: - A redacted bill of sale for lot xxx (No other details) - An Affidavit attempting to validate the bill of sale - Exhibit II conveying the lot xxx to CACH. Redacted with no details. (Lending club to CACH) - Certificate of Loan Sale – Transfer statement for loans on Exhibit A (Exhibit A is a promissory note) - Affidavit verifying the account schedule “Bill of Sale” – no mention of me. - Exhibit I o A different affidavit (Different Date & names) validating the bill of sale. - Again no mention of me o Duplicate of exhibit II above - Duplicate Exhibit I page o Spreadsheet list of payments from the alleged account - Then the following o Borrower bank account verification (Welcome Spencer on the header – I am definitely not Spencer) Boilerplate - My name is not mentioned o Borrower Membership Agreement (Welcome Spencer) Boilerplate - Once again I am not mentioned o Borrower Documents and Information (Welcome Spencer) – I am listed correctly § Name, Address, Phone, Loan Details, with Checkboxes stating I agree to the Borrower Agreement, Loan Agreement and T&L o A credit score – No name o Loan Agreement (Welcome Spencer) Boilerplate - I am not mentioned o Exhibit A – Promissory Note (Totally Blank) o Thirty more pages of boilerplate copied from the web o Truth and Lending Disclosure – With my name and loan amount o Duplicate T&L – Same info (Package is getting thicker) o Two different pages showing original loan amount in different formats - Has my name and DOB o Affidavit of Sale – State of California listing my name and sale of redacted loan to CACH o Several pages of JDB demand letters and offers to settle ------------------------------------------------------------------------------------------------- Sorry for the novel.... I still think I want to file a MSJ – No Evidence I can't see how they establish ownership or a signed contract with what they have produced. All their evidence is disjointed and doesn't hold together. Am I setting myself up for failure? Comments anybody? L
  12. Well I have received zero response from the JDB on any of the materials I have sent them. General Denial (Also sent to court, CMRRR and registered online) My answer to JDB discovery (The fact I responded registered with court and sent RMRRR to JDB) My 1st Discovery request to JDB including demand for production of documents and interrogatory (Sent to JDB CMRRR and the request also registered with the court) My letter to JDB reminding them of their obligation to answer Discovery, with a threat to file a Motion to Compel if they didn’t respond in seven days. (Sent CMRRR) JDB is now ~30 days late on their Discovery response, and also late on my demand letter. They have produced nothing, no contract, no proof of ownership, no billing statements. The original petition only had a truth and lending statement copied from the web. Since the filing of the suit they have been totally silent. -------------------------------------------------------------------------------------------- I think my next step will be to file a Motion for Summary Judgement – Lack of evidence. Is this a mistake? I do not want to miss any steps. Can anybody help with the process for Travis County Civil Court in Texas? Here are the steps I believe I need to take: File MSJ for lack of evidence with the court and serve the same MSJ on the JDB Call the court clerk and request a hearing date for the motion (Can I request a date with the MSJ?) Serve the hearing date docket call on the JDB (Not sure how to do this part) Attend the hearing Leave a free man. Seems they will automatically lose and the case will be dismissed if they do not respond. Is this correct? Do I even need to schedule a hearing? Can the motion be ruled on by the judge without setting a hearing? How is this done? Any other guidance? All help is greatly appreciated. Here is what I have drafted for the MSJ: DEFENDANT’S NO-EVIDENCE MOTION FOR SUMMARY JUDGEMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW (“Defendant”), to urge the above-captioned motion against (“Plaintiff”) and in support hereof, shows the following: I. NATURE OF SUIT Plaintiff’s action is for suit on breach of contract along with a request for all costs of court, post judgement interest, and all other relief which plaintiff is entitled. II. ADEQUATE TIME FOR DISCOVERY An adequate time has passed for discovery. III. NO EVIDENCE Plaintiff’s claims are insupportable in that there is no evidence of one or more of the following essential elements on which Plaintiff has the burden of proof at trial: a) Defendant signed the note. b Defendant is in default thereunder. c) Plaintiff notified Defendant of default and provided an opportunity to cure. d) Defendant failed to cure. e) Plaintiff has suffered damages. f) All just and lawful offsets, payments and credits have been allowed. g) Plaintiff made written demand for all sums claimed. h) Plaintiff is the owner and holder of the note and purported appurtenant indebtedness. i) Plaintiff is entitled to recover its attorney’s fees. IV. PRAYER WHEREFORE, Defendant requests judgment of the Court that Plaintiff take nothing. L