TexasSweetheart

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About TexasSweetheart

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  1. Can I re use this for this case DEFENDANT'S ORIGINAL ANSWER Comes now, (your name), the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that she is justly entitled to. (Your name, address and phone number)
  2. @texasrocker @Goody_Ouchless I trust your advice and I would like to get assistance on how to ask for debt validation or motion for discovery. I have been busy at college with classes and I have fallen behind on this lawsuit. Can I use the answer Tx Rocker provided me with before and just edit it with the new info of the plaintiff? How should a motion for discovery look like or include? or can the answer have a section requesting debt validation? Thank you guys for your help!
  3. Do you have an example template I can use to guide me on how to write the answer? For Motion to Compel Arbitration should it include: Answer, CC Agreement, Jams form and what else @cyldesmom
  4. Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc. They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did. How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use it .I need to turn it in asap and how should I handle this,, any thoughts or assistance? If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Portfolio Recovery a$$ 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,290.05 4. Who is the original creditor? (if not the Plaintiff) Synchonry Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2017 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). None. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 14 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None just their 3 pages of petition and the original and copy of serve document. 18. How did you find out about this site? Google 18. Read these two links:
  5. Am I required to request permission from the court? Should I go tomorrow and submit this request? Is there a time limit?I tried asking the lady at the window about what I should do next and she was rude and told me she cannot answer anything and doesn't know. Is there a way I can delete the other post I do not know how to? And I am so sorry for the inconvenience I don't mean to do this on purpose or to upset you or anyone. What else can I do to prepare for this? @Clydesmom
  6. Hi guys, please check my original post I have answered the questions regarding the lawsuit I am currently facing. I already submitted an answer to court and I did sent it off to midland attorney via certified mail. I have until Monday to finish up. I believe I need to attach a discovery document, can someone help me create a template I can use. All of this is taking place here in TX. I am new to this process and I really do not know the steps I should take. If someone can assist me and guide I would greatly appreciate it. I would like to get ready for the next step as well what should I prepare and expect.
  7. Can someone help me, is there a discovery template I can use!?? If I submitted an answer already do I still have time to file this!?
  8. Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit. I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences. I really do not have any knowledge in business law so please bare with me if I ask too many questions. Steps Completed. 1. Answer Submitted 2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney, If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,600+ more or less 4. Who is the original creditor? (if not the Plaintiff) Commenity Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jun 2016 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I already submitted answer should arrived by Certified mail to Midland Today 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I submitted Answer but that is it so far. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 14 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry. 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits