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Everything posted by cjtx2

  1. As long as you file your answer within the deadline, it makes no difference if you send it in advance. You need to create an account to e-file your response or other pleadings. Once you have it, you can e-serve the attorney through the system at no charge. https://efile.txcourts.gov/ofsweb Any other correspondence you have with the attorney (discovery after the court authorizes it, settlement offer, etc.), you should send it via certified mail. In theory you can e-mail it, but that is not recommended.
  2. TCPA has been undermined big time by the decision in ACA International v. FCC https://scholar.google.com/scholar_case?case=7140589698627765519&q=aca+international+v+fcc&hl=en&as_sdt=6,44 Basically the FCC made it extremely easy for caller violators to claim they are not using an ATDS. Some courts still use the old FCC orders, where almost any device qualified as an ATDS, but they are the exception and not the rule and a lot of cases now are relying on the above opinion and ruling in favor of robocallers.
  3. Is this for a small claims court? If so, check out: https://www-media.floridabar.org/uploads/2017/04/small-claims.pdf Rule 7.090 describes what to expect at a pre-trial conference. Basically, you must show up or your lawyer must have authority to enter into an agreement unless you and the other party waive the pre-conference. Filing an answer does not excuse you from showing up at the pre-conference. Unless the court requires it, there is no need to file an answer in advance. You do not deal with a judge, but one may be there to supervise. They may decide if additional discovery
  4. Not sure how it works in justice courts in Collin county and whether there is an extra charge. I know some county courts used to require you agree with the other party to your own mediation services or use the one the court proposed at whatever cost was set by the mediator, but lately, these county courts offer this service for free. When a court orders mediation they usually accept other mediation venues, as long as you and the plaintiff agree. For example, SMU offers mediation services in Plano and they cost $100 per party. https://www.smu.edu/simmons/Community/MediationClinic
  5. Thank you for the case reference. Does it make any difference that some CRAs report something along the lines of "consumer disputed account, furnisher investigated and found it accurate, consumer disagrees". There are enough codes in the Metro-2 format to include this information when furnishing. They are supposed to be compliance codes. Not many judges fully understand all the nuances of compliance. Unfortunately, disclosing that info would make it extremely easy for the JDB to identify me and have an unfair advantage by knowing my work product.
  6. But is it still a violation of FCRA 623(a)(3) enforceable after a 623(b) notification of dispute to the CRA?
  7. The JDB was put on notice of the dispute first (by certified mail) and then a few days later, after receiving delivery confirmation, the CRAs.
  8. The bill was for services performed. The account was in dispute and it was not reported as such. After this dispute, the report did not change after contacting the CRA to force the JDB to verify it.
  9. I sent them a bill and they never disputed it (so it is assumed to be correct). I also let them know that the account was disputed with the OC before they bought it and was still disputed with them and that I would be willing to accept a lesser amount than the total bill in exchange for a full deletion of the tradeline. Otherwise, the bill was due in full immediately, and additional charges would be tagged for attorneys' fees and court costs if I had to take it to court, plus any damages resulting from their false reporting.
  10. I have other traditional defenses to this suit for "damages" for an account stated. The debt was disputed with both the OC and the JDB, which received a bill for other damages. Besides the JDB's unpaid bill, false reporting, etc., is this considered abuse of process? an attempt at unjust enrichment?
  11. I could not find any cases for violation of 1692e(15), (sending an envelope with no return address containing service of process to deceive consumer into thinking that the documents are not court papers) even though it sounds to me like this is exactly what the statute indicates. I found something very similar, which has to do with identifying themselves when sending a dunning letter, in which failure to do so is a violation of 1692e(10): "Sending the consumer notice of debt verification rights in an envelope that appears to be junk mail, a credit card solicitation, dissuading the co
  12. I did not appreciate the part where you said something about me seeing the sky a different color. Other than that, I truly appreciate your opinion. I am here to learn. Your initial comments motivated me to look for specific case law and relevant causes of action. I am familiar with someone who posted here, pretending to know it all, extremely full of himself, and his arrogant rantings were used against him in court and he lost. It might even be the same person. I thought he was pushing the envelope and some of his ideas were just too out there, not based in law or previous rulings.
  13. It could be a fraudulent misrepresentation. The elements are: (1) the defendant made a material misrepresentation; (2) the representation was false; (3) the defendant knew the representation was false when made or made it recklessly without any knowledge of the truth and as a positive assertion; (4) the defendant made the representation with the intention that it should be acted upon; (5) the representation was in fact justifiably relied upon; and (6) damage to the plaintiff resulted. The misrepresentation would be that it was just another piece
  14. Cute. When the drugs wear off, go ahead and take a look at 15 US 1692e(15).
  15. Something along the lines of illegal debt collection. This would be covered by FDCPA and the corresponding state law if it were a consumer debt. 1692e(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer. Deceptive trade practices act (DTPA) may be another option. Funny thing is a consumer could be either an individual or a business. Illegal debt collection is a de facto DTPA violation as an unconscionable action, but debt is defined as a function of personal use. There has to be something similar.
  16. The rules of civil procedure mention "properly addressed" several times for parties and their lawyers and also for court clerks when sending mail but it is not defined or explained. An anonymous letter from a court clerk would be unacceptable. Why allow anything less from an officer of the court (lawyer or process server)? There is nothing on TRCP 501.2(e) under alternative service, just that it must be by first class mail sent to the defendant at a specified address. TRCP 109a (other substituted service), which applies to service of citation in real courts, makes a reference t
  17. The judge authorized alternative service for a JDB, and both 2 options they were given included sending a copy by first class mail. The court probably assumed that they would follow the rules and include the name of the sender or at the very least a return address. My theory is that this is their way of pretending to comply with the court order. In case the post office tried to return the mail as undelivered, there is no return address, so the attorney does not have to acknowledge that it was a bad address to start with and they can request a default judgment with plausible deniabili
  18. Nowadays you have to digitally submit everything to the court (including JP courts). At the time you submit your document(s), there is an option to e-serve, where the system sends an email to the attorney with a link to the document that was filed with the court. The court clerk then either accepts your pleading or tells you something is wrong or missing and you need to make the changes and re-submit, serve again. Most attorneys have their email addresses registered with the e-filing system and once you submit a response or anything, your email address is also registered with the system
  19. Things have changed. Now you can serve everything but the original citation by email or e-serve it. Also in your signature, besides your name, pro-se, address and phone number, you must include your email address. Fax number is optional unless you are an attorney. One last thing, you can include an electronic signature. All you need to do is include: /s/ your name on the line where your signature would go.
  20. The last part of your MTC is a Certificate of Service, where you state the manner and the date in which you served a true and correct copy of the MTC to the opposing party's attorney. You may state an email, if you are sending a separate email, or within the efile system you can enter the attorney's name and email information and e-serve them. Which basically sends them an email telling them about the document and provides a link to download it. Either way, you must specify in your certificate of service whether you sent an email or e-served them.
  21. Personally, it happened to me. A process server signed an affidavit stating that she personally served me at my residence. The only problem is that I did not even live in that city at the time so it was not my residence. As a matter of fact, I had moved several times since I had lived at that 20 year old address. I proved sewer service and had the judgment vacated as part of the settlement. I cannot discuss the details because of a NDA, but the default judgment came from a sleazy debt collector attorney working on a contingency basis for a big bank and he used a private process server.
  22. Your use of mistakenly excuses bad behavior and shows why it is difficult to prosecute fraudster process servers. A typical process server gets a 10+ year old address from a JDB and without knowing if the person still lives there, which statistically is unlikely, they sign an affidavit falsely stating to that effect: that they know for a fact that defendant lives there. That is as deliberate and deceptive as it gets. Sewer-service also means that the papers ended up in the sewer after they could not find the person they were looking for. Bills of Review are the only remedy when you
  23. My guess it happens much more often than it is reported. It probably has to do with the quality and quantity of outdated information they get from JDBs, and instead of skip tracing each individual, they serve whoever lives at the address they were given. It may also have to do with their reputation with certain judges if they were caught lying before, maybe they will try to comply better. But if they know the courtroom is a rubber stamp factory for default judgments, the likelihood of getting caught and getting in trouble is minimal. There are many ways for process servers to claim there