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Everything posted by Zeeland1987

  1. Thank you...as I dug deeper and deeper into my research it became more and more evident that mifht be the case...
  2. Plaintiff must establish a valid, enforceable contract, privity between the parties, performance by the issuer, breach by defendant, and injury to the issuer or holder by cause of the breach. Stated account allows recovery for unpaid goods or services without formal contract...it may include a credit card debt where the actual contract is not available... The Texas Rules of Evidence do not apply to a debt claim case...the judge may not reject a sworn statement if the only reason for the rejection is because the documents made the basis of the sworn statement were created by a third party and subsequently incorporated into and relied upon by the plaintiff in its business. ..Rule of Evidence 902, allowing for self-authentication of certain evidence--meaning that no extrinsic evidence of authenticity (evidence other than affidavit) is required in order to admit the documents of a regularly conducted business activity. Appears to me that the robo-signed affidavit is enough for the plaintiff to support its claim and any other request for documentation becomes a moot point.
  3. I've been reading a 2015 revision to TX debt claim Rules 508, and it appears to me that the courts are leaning heavily in favor of the JDBs--would I be correct in that presumption? Seems as if the burden of proof for the plaintiff has been drastically reduced.
  4. I'm about to head to the library to review its copy of O'Connor's. I looked in line to purchase, but the cost is more than my household budget can bear at this time. As I cannot check the book out, and there are over 1,400 pages, are there any recommended sections one should consider reviewing first?
  5. Thank you for sharing. The summons I received made mentioned of pre-trial discovery pursuant to TRCP 500.9, which I've read: Pretrial discovery is limited to that which the judge considers reasonable and necessary. Any requests for pretrial discovery must be presented to the court for approval by written motion. The motion must be served on the responding party. Unless a hearing is requested, the judge may rule on the motion without a hearing. The discovery request must not be served on the responding party unless the judge issues a signed order approving the request. Failure to comply with a discovery order can result in sanctions, including dismissal of the case or an order to pay the other party's discovery expenses. May I submit a written motion for discovery at the same time I take my answer to the courthouse for time stamp or must I wait for an actual hearing date to make that request? I want to be proactive, not a "sitting duck." Also, I need to submit a request for debt validation--is this something that can be submitted at the same time as the summons? I don't want to big the courts down with excessive paperwork, but I also want to ensure that everything that should be on record with the courts is. Thank you again for your generous assistance and support.
  6. I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction.