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About hopeless_texan

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  1. Also.. Thank you TexasRocker for suggesting that I read FistHardCheese's post absit arbitration. Its a raining day here in Houston, which means I could be a) working on homework (and who wants to do that), b) watching Netflix, or c) learning all about arbitration... I choose C... My question is this: How do I find which version of the CC agreement is in effect for me? Is to the version from when the account was opened? Or the version closest to when it was closed? Account was open in 2012 and last payment was August 2015.. I think it would behoove me to read the arbitration clause most relevant before I make a decision.. Thank you all for your help.
  2. Ok, so how do I ask/get the court's approval to begin discovery? Do I just hand the person at the court that response and say "I'd like to ask permission to begin discovery?" When I read another post on this forum, it was recommended that this individual submit THIS to ask permission for discovery.... Is THAT what I'm supposed to do? If so, does that mean I prepare both documents (the answer and the permission to conduct discovery) and submit them at the same time? Thank you all... MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY Comes now, Defendant ______________ and files her Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9 Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit. Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop her defense and to minimize taking up the Court's valuable time. PRAYER Defendant prays that the honorable Court grant her Motion For Permission To Conduct Discovery and grant Defendant any other relief that she is entitled to.
  3. What do I do after I have done this? I read what you did texasgirl2017 and it seemed as though she had to file several other documents and ask permissions and what not.. I am sorry to sound like a total knit-whit.. I am just at a loss. After my husband got sick things went downhill financially, and he passed away a year and a half ago. Well, he was the one that handled all the financials. Stupid, I know.. Anyway, all of this is just completely out of my purview. So if I am asking dumb or redundant questions, I apologize. Thank you so much for your help.
  4. I am SO not trying to be rude.. And I hope it did not come out that way... I just do not understand all of this stuff.
  5. What is the point of asking for arbitration? And am I supposed to do this in addition to file the document from texasrocker?
  6. Can anyone please help me with this. I have read several pages on here and have seen conflicting advice. I really do not want to embarrass myself in court and I cannot afford to hire an attorney. Which means that I need al the help I can get. I'm curious, does my 2-weeks time to answer start at the day the suit was filed? Or from the time I was served? 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. W´╗┐hat is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Scott & Associates, P.C. 3. How much are you being sued for? $1500 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank - Says plaintiff's claim was assigned 5. How do you know you are being sued? (You were served, right?) Served yesterday 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I guess so. The asked my name and handed me a letter. 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? Harris County Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2015 11. What is the SOL on the debt? To find out: 4 Years 12. 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 was only just served yesterday 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. 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? No questionnaire was included. I only received 2 sheets of paper... A) The first sheet is titled Justice Court Debt Collection Case The second sheet titles Citation - Debt Claim with a citation number Plaintiff's claim is for Account Stated and/or Open Account. The claim arrises from a Visa Credit Card entered into by the dependent(s) with Credit One Bank, N.A. (Account number). The Account is in default and Plaintiff sues herein for actual damages, cost of court and continuing post-judgement interest. 16. 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 sent