TheresThat

Members
  • Content Count

    7
  • Joined

  • Last visited

Community Reputation

0 Neutral

About TheresThat

  • Rank
    Newbie

Profile Fields

  • Location
    Texas

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Bold and underline is theirs.. "This is to advise you that the matter referenced herein-above has been set for a Pre-Trial Conference on... At this Conference you must dispose of all pre-Trial matters including; but not limited to the following, to wit: A. Exceptions to the complaint B. Motions for continuance C. Any evidentiary motions D. Motions for appointments of interpreter E. Requests for Subpoenas of witnesses, documents, etc. F. Plea Bargains G. Any other Pre-Trial issued requested by either party. All motions that will be presented to the Court on this docket must be in writing, preferably typed, and filed with the Court at least seven days in advance of hearing. Any such preliminary matters not raised or filed at least seven days before the hearing will not be allowed to be raised or filed. The Court will not consider any plea bargains, motions or other Pre-Trial matters mentioned above subsequent to the Pre-Trial hearing."
  2. PRA states they are an assignee of a claim. An assignee is prohibited, according to Texas Code, in Justice of the Peace Courts, which ARE the only Small Claims courts in Texas. (1) an assignee of a claim or other person seeking to bring an action on an assigned claim; (2) a person primarily engaged in the business of lending money at interest; or (3) a collection agency or collection agent. I'm not an idiot. And I never said that "Lack of standing WAS based on an accusation" They DO have to prove that they have the right to sue me. They DO have to prove that it is my debt. They DO have to prove there is a debt. And so far, as I stated earlier, all that has been presented was an accusation. If an accusation all that it took the courts would be full of accusations and this nation would be lawless.
  3. This will be a pre-trial conference and Texas JP courts REQUIRE ALL motions be submitted prior. It's in the letter from the JP and I believe it's also in the Code. PRA admits they are an assignee. Texas Code prohibits "an assignee of a claim or other person seeking to bring an action on an assigned claim" from filing in JP.
  4. Your 1st sentence: That is why they filed in JP court. Or they just didn't know any better. JP courts limit what can be asked for in Discovery. Your 2nd sentence: From my original post... "We are required to have motions filed by Tues, April 23rd. Would like to file motions to dismiss and also for discovery in case dismissal is denied. [They did file in the wrong court and I believe they have Lack of Standing....they have only an accusation.] I've seen a standard "Answer" offered here and wonder if this can be used as cause for Motion to Dismiss at this stage: "Grounds for Dismissal for Lack of Standing. This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead..." Also, can we file motions to Dismiss and for Discovery at the same time? And may I have a copy of the Discovery questions that @texasrocker mentioned?"
  5. According to the Texas State Law Library, the state of Texas abolished Small Claims Courts and combined Small Claims Court with Justice Courts. Ref image below and/or this link: https://guides.sll.texas.gov/small-claims If you follow the links on this page regarding Justice Courts, you will be taken to Texas Government Code Chapter 27 which is about Justice of the Peace Courts. According to the Code, these are prohibited from filing a claim in a Justice Court: (1) an assignee of a claim or other person seeking to bring an action on an assigned claim; (2) a person primarily engaged in the business of lending money at interest; or (3) a collection agency or collection agent. Also, provided on Texas State Law Library's website is a link to a nolo page which states this: "Which court hears small claims cases in Texas? Small claims cases in Texas are heard in the Small Claims Court (Justice Court)." Here's the link: https://www.nolo.com/legal-encyclopedia/texas-small-claims-court-32055.html This is from Texas State Law Library.
  6. I don't think Texas Code permits collection agencies to file in JP court. The following is from smallclaimscourthouse.com/texas: "Types of Cases Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents. This is Texas Government Code § 27.060 Small Claims (a) A justice court shall conduct proceedings in a small claims case, as that term is defined by the supreme court, in accordance with rules of civil procedure promulgated by the supreme court to ensure the fair, expeditious, and inexpensive resolution of small claims cases. (b) Except as provided by Subsection (c)… (c) The rules of the supreme court must provide specific procedures for an action by: (1) an assignee of a claim or other person seeking to bring an action on an assigned claim; (2) a person primarily engaged in the business of lending money at interest; or (3) a collection agency or collection agent.
  7. PRA is suing us. We were served with Petition only, no affidavits, contracts or other docs attached. Wish we had found this site earlier. We already answered but 'Denied' or 'No Knowledged' almost everything. PRA filed in JP court which I thought they could not do in Texas. We are required to have motions filed by Tues, April 23rd. Would like to file motions to dismiss and also for discovery in case dismissal is denied. I've seen a standard "Answer" offered here and wonder if this can be used as cause for Motion to Dismiss at this stage: "Grounds for Dismissal for Lack of Standing. This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead..." Also, can we file motions to Dismiss and for Discovery at the same time? And may I have a copy of the Discovery questions that @texasrocker mentioned? What is your recommendation? Plaintiffs Petition.pdf