Zum36

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Everything posted by Zum36

  1. So, I need to file an answer with a general denial of all counts? Do I need to do anything in regards to the discovery requests? TY
  2. The balance in the petition is higher, $18 difference.
  3. And sorry! After I went back, I noticed my typing error "so file this answer", I did not mean to type that. It was supposed to say "so that I can file an answer"... Ooops! That sounded really rude. Sorry about that!
  4. Honestly, I am not 100% sure that the account that I was referring to earlier is even the one that I am being sued for. I just assumed that it was: After researching TD Bank on Google, I realized that they were connected to Target credit card. All correspondence that I received about my account with Target has been from TargetCardServices. The address provided in the emails that I have from this account are different from the one on the petition I was served. Something else that makes me question whether this is the same account is the balance that was in the email I had, and the one stated in the petition are different. The last payment dates do not match either. Does any of this make a difference when responding to a complaint? Thanks!
  5. How can I be sure that TD Bank is the one actually suing me? The law firm that filed the lawsuit are debt collectors too. They specifically state the following in the last section of the petition, titled "Miscellany": "The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors." They are also requesting that I send first discovery requests to their office within 50 days. It also says that if I fail to send a written response to the request for admissions, the request will be deemed admitted without a court order.
  6. @Clydesmom For one, without typing a novel on here...I no longer use that email address, so I never even saw the email until I accessed it a few days ago when I was trying to figure out what was going on. Other than that, the only other emails that I could find in that account was another automatically generated email showing that the reoccurring payment plan had been cancelled. Not saying that I am not responsible for the debt, but I did not have anyway of knowing anything was going on. How would I? I stay super busy during the school year because I am a teacher, I let my husband keep up with our budget and bills, etc... I set it up with the correct bank account, and I didn't think anything about it until this was brought to my attention... Initially, I was under the impression that something was wrong with my bank account, or they were not accepting my payments. Anyways, I came on here to get advice on how to proceed with the court, not for someone to tell me that the debt is mine or who I should get money from to pay it. My concern is also whether or not this is the actual creditor, there was not ANY evidence that would support their complaint. In fact, they reported that I made my last payment in February 2019. That is incorrect. I just need help with someone from Texas please... so I can file an answer... Thank you so much!
  7. @texasrocker Please HELP!!! I was sued a few days ago by TD Bank, but there was not enough information provided in the complaint to identify the debt owed. In addition to providing a response to the court, the plaintiff (TD Bank) is requesting first discoveries including production, disclosure, admission, interrogatories. I have no idea how to respond to these??? 1. Who is the named plaintiff in the suit? TD Bank, USA 2. What is the name of the law firm handling the suit? Rausch Sturm; Attorney is Jesse Lockhart 3. How much are you being sued for? $1,048.74 4. Who is the original creditor? If not the plaintiff? TD Bank, USA 5. How do you know you are being sued? I was served on 5/22/19 6. How were you served? At home around 4:30 p.m. 7. Was the service legal as required by your state? I think so, she asked if I was the person listed on document. And then asked me to read the first line at the top, before she walked away. 8. What was your correspondence with the people suing you before you think you were sued? No correspondence with TD Bank prior to the lawsuit 9. What state and county do you live in? Texas, Wichita County 10. When is the last time you paid your account? According to the petition, my last payment was made in February 2019, but I am unsure of what the debt is actually for. I have never heard of TD Bank prior to being served papers. 11. When did you open the account? Allegedly, June 2016. 12. What is the SOL on the debt? 4 years in Texas, but I am not 100% certain what the debt is... 13. What is the status of the case? Filed 5/10/2019 14. Have you disputed the debt with the credit bureaus? No, I was unaware of the debt 15. Did you request debt validation before the lawsuit was filed? No 16. How long do you have to respond? The Monday that follows 20 days from the citation’s date of service 17. What evidence was provided with the summons? The only information that they gave me was TD Bank, amount owed, when account was opened, and the alleged date of last payment. In my initial post, I included information about an account that I assumed the lawsuit was in reference to. After reviewing the information on the petition further, I am unable to verify that I am responsible for this debt.