from Texas

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  1. Yes, I realize that now, thanks. My son is talking to a lawyer about it. I wanted to try to help him but I think it is best he let someone else help him. Thanks again.
  2. So a friend of mine said that even at this late stage that we might still be able to call Capital One and make payment arrangements that would make this lawsuit go away. Do you think this is a possibility?
  3. Thank you for the information. I suppose you right, but it does seem like these banks and credit card issuers lay traps and make their offers seem like really good deals, but in actual use they can quickly become a nightmare for the people who made agreements with them. Especially when unexpected things happen that limit the ability to pay. Paying back a debt is one thing but between the interest and the penalties these things quickly snowball out of control and many just don't know what to do once they find themselves in that position. Just the deceptive nature of they way they do busine
  4. Thank you again for your help. I am not sure there are any facts to dispute other than the fact that they have not produced the original contract but evidently that doesn't matter anyway. The other issue which I am guessing would not matter is that all governments are now corporations and: “As a member of a corporation, a government never exercises its sovereignty. It acts merely as a corporator, and exercises no other power in the management of the affairs of the corporation than are expressly given by the incorporating act.” Bank of United States v. Planters' Bank of Georgia,
  5. We appreciate your help, if you think of anything else please let us know. Need to go to bed now, will check back here again in the morning. Thanks again.
  6. I don't know how much of a good ole boy network it is, the Judge is a preacher at one of the local churches, we were hoping he would be fair. We were actually hoping if we put up any sort of opposition that they would leave us alone and go after some low hanging fruit elsewhere but that doesn't seem to be the case so far.
  7. According to the rules of procedure I saw they needed to file that at least 14 days before trial and that will be less than that if the trial is on the 22nd. Also I saw that they are supposed to give notice if they are going to use an affidavit and we got no notice of that either.
  8. No, he didn't file anything yet, we just got that this past Friday (8/11/2017). What would he need to state in an opposition?
  9. Thanks again for your help, please let us know if you think of anything else.
  10. Moss Law Firm out of Lubbock Claims he owes about $2200 We are in Stephens County Stopped paying Oct, 2015 from what I can tell
  11. Yes. it is in Justice Court in a small west Texas town. Ok, we will file for a continuance, and I will start looking for a lawyer. Thank you for your help.
  12. Texas Rules of Civil Procedure 500.4 (c) Assisted Representation says that the court may, for good cause, allow an individual representing himself or herself to be assisted in court by a family member or other individual who is not being compensated. I don't propose any deceptive methods, it seems that the credit card issuers use deceptive marketing methods to induce people to get their cards and don't fully reveal the nature or the details of the contract. I saw this on this website: SPECIAL EXCEPTION TO ACCOUNT STATED 1. Credit Card Cases Are Based on Express Contracts and
  13. I am trying to help my son who is being sued by Capital One for credit card debt. I really wish I had found you sooner but maybe there is still time to do something, I am hoping you can help. We issued a general denial and I was going to challenge jurisdiction so I was looking for some information for that when I happened upon this website and saw the, DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS provided to Htown, oddly enough 3 years ago today. I read it over and it looked like just what I need except the plea to the jurisdiction is addressing a debt coll