radar

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  1. Thank you again for your response, @texasrocker. Does my letter require a special header as the previous correspondence with them did? My general layout for the letter will include a greeting, a statement that this is a good faith attempt to resolve the issue before involving the Court, a reminder of the date discovery was received and how much time has passed, and a statement that if I don't receive within seven days I will have to file a MTC. Should I include any other points? Also, I imagine this is bad for them that they did not respond within 30 days, that it must give me some advantage. Thoughts? Thanks again.
  2. @texasrocker It is now the 15th of April. The Plaintiff’s attorney failed to respond to my discovery requests. I did receive missed calls from her office. However, I did not think it wise to respond. How should I move forward?
  3. It looks like my response never posted here. I had wanted to say thank you for the very useful help, so thank you. Everything has been sent off. Just awaiting responses now.
  4. Update: I have since mailed first level 1 discovery to plaintiff's attorney and have verified it was received on March 11. I will await their responses. Question: Now, I'm preparing to submit my responses to their own First request for discovery. Can some one help me with how to format that response? I have help with the actual answers, but I'm not sure if there is a required introduction I have to submit with them. I have been reading through TRCP, but I'm not finding any thing about that. Their request for discovery has a "verification page," too, where I am supposed to sign and also have it notarized. Did I make a mistake not providing a verification page on my own first discovery that I sent them? I figure they know they have to sign all responses to me any way. Any help, please and thanks.
  5. Wow, thank you @Texasrocker for your aid with this task. I did have a question about "defendant will supplement." With such an answer am I promising the plaintiff that I will provide documents either now or at a later time? I have none of the documents the plaintiff is asking me for. I know that I don't submit my answers to the court; I forward them to the plaintiff's attorney. But should I be providing a letter to the court that I mailed a response, certified mail, along with the proof of receipt? And should that be done for the discovery request I am sending to them? Because the court has on file that plaintiff has submitted first discovery to me but will not have on file that I submitted discovery to them, or that I have submitted an answer for their first discovery. Maybe that doesn't matter??? Any one else is also welcomed to respond. Once again thank you for the incredible help, Texasrocker.
  6. @texasrocker Sorry for the wait, Texasrocker! I had trouble posting to the thread because of a technical error with the forum, but that seems to be cleared up now. I have uploaded the complete discovery in the attached pdf file. Thanks once again.
  7. I understand. I will post a more useful file, containing the full discovery, as soon as I’m able to. Thanks again.
  8. Thank you both for reading and for your responses. Texasrocker, I will get this general denial to the court straight away. Thanks for helping, too.
  9. 1. Who is the named plaintiff in the suit? Midland Funding PORTFOLIO RECOVERY ASSOCIATES, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSCH STURM 3. How much are you being sued for? $3,xxx.xx 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? CAMERON COUNTY, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014 12. What is the SOL on the debt? To find out: Four years. 13. What is the status of your case? 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? No 16. How long do you have to respond to the suit? Until March 4 (first Monday following 20 days from service) 17. What evidence did they send with the summons? No. Served with Original Petition and First Discovery for Disclosure, Production and Request for Admissions 18. How did you find out about this site? Internet search. Hello to all of you. I'm asking for help here as I navigate this law suit. I don't have very much legal knowledge, nor do I have the aid of an attorney, so any help is greatly appreciated. This law suit was filed against me in Cameron County, TX in a county court. I've submitted photo attachments of the Discovery and part of the Original Petition that I was served with. I have not submitted an Answer to the court just yet. I'd like to learn what advice you might have for me as the Original Petition contains certain claims and legal justifications such as "account stated" and 'breach of contract," which I'm not sure I wholly understand. Any help on what to include in my answer would be great. Where I could especially use some help, too, is in my responses to some of the questions in PRA's discovery request. I have 50 days from date of service to respond, and I don't want to fumble and lose my case. I marked some of the discovery questions that I especially needed help formulating a response to. I know that I have a debt with the Original Creditor; it's PRA that I'm not sure about. Should I acknowledge the debt with the Original Creditor, though? Also, since I was served with discovery am I able to submit discovery as soon as I file my answer with the court? Any help with a discovery package would be greatly appreciated. I want to understand their case against me better, but I don't want to burden them with naïve requests that could just make me look silly. Does any discovery I send them operate on the same time clock theirs does? I have 50 days to submit answers to their request. Any help is really appreciated. Thanks to all of you. I apologize about the photo quality. I don't have access to a scanner at this moment. I submitted what I thought would be useful and highlighted questions that I could use help answering.
  10. So I have submitted request to the court for permission to conduct discovery with the great help of texasrocker. This is where I am at right now. Any advice on how to prepare for the pre-trial hearing? I’ve recieved no response from the Court about dates, yet. I have no idea what evidence the law firm will present as I was served no additional paper work with the summons and the original petition. Any one feel free to contribute. Thank you
  11. Hi, texasrocker. Thank you for any help. It is in JP court for sure.
  12. 1. Who is the named plaintiff in the suit? JHPDE FINANCE 1, LLC ASSIGNEE OF CITIBANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Emerson & Hornik LLP 3. How much are you being sued for? $3000 4. Who is the original creditor? (if not the Plaintiff) CITIBANK 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) HAND DELIVERED TO A RELATIVE AT HOME 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NO CORRESPONDENCE. 9. What state and county do you live in? CAMERON COUNTY 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) NOT OUTSIDE OF SOL 11. When did you open the account (looking to establish what card agreement may be applicable)? 2010 12. What is the SOL on the debt? To find out: 4 YEARS 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. I have filed an Answer. 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'). No. 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? D. Facts 6. On or about June 10, 2015, Defendant(s) opened a credit account with CITIBANK N.A. in the Defendant's(s') name under its account number ending in ************2231. Defendant(s) used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defandnt's last payment on the account occurred on August 1, 2017. Defendant defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about January 1, 2018. On or about April 1, 2018, CITIBANK N.A. assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of Defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant on the Account is $3000 plus interest. 8. The plaintiff has made demand upon the Defendants for payment of the amount due and payable in full. The Defendan has failed, neglected, and refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Account Stated 10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendants which established the amount due to the ORiginal Creditor, and the Defendant promised to pay Original Creditor on the indebtedness. They provided NO interrogatory, nor any type of evidence for their claim against me. I only received the summons and the original petition. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was attached to petition. 18. How did you find out about this site? internet research Hi, I have already submitted an answer to the Court. Based on what I am reading on these forums and elsewhere it seems that I should file a motion for discovery. Is this the best case of action? If it is, then what are some examples of the request that I can submit in this case. I have to receive permission from the Court before I can submit anything to the Plaintiff's attorney. I want my request for information to be penetrating and compelling. My hope is really that they drop this lawsuit against me. Any and ALL help is welcome. I just submitted my answer two days ago, so I feel that time may be of the essence. Thank you all for reading. If there is any more information I should provide PLEASE LET ME KNOW.