DeepEastTexasBoy

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About DeepEastTexasBoy

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    Texas
  1. Hello everyone, Status to this lawsuite. On 5/2/19 Moss Law Firm filed a Motion for Continuance (MFC) for 60 days. On 7/19/19 Status Letter was sent, 1st request. Thank you and God bless
  2. Hello everyone, I am from Texas. I will ask my questions first and give you specifics further on. Is it unlawful for PRA to sue me over the same alleged debt over and over again even if they don't have all documentation and have no real intent to win? Isn't this act alone a violation of the FCDPA? Does PRA suppose to delete the tradeline of the alleged debt from all credit reporting agencies (CRA) after they loose each suite, but they don't? What is my recourse if any? Specifics.... Lawsuite #1 brought by PRA. 1. Plaintiff's (PRA) representatives, Rausch Sturm. 2. Alleged debt $3,400+ from CitiBank card. 3. Venue and service was correct. 4. My answer was sent timely and proper. 5. Sent amendments to my answer properly 6. I sent a Motion for Pretrial Conference (MFPC) and was granted. Date set for conference. 7. I show up for conference, PRA is a no show 8. Trial date set. 9. PRA sends Motion for Continuance (MFC) and is granted. 10. Trial date set again. 11. I show up for trial, PRA is a no show 12. JP is perturbed at PRA because he just received a 2nd MFC from them 2 days before trial date. 13. He denies their MFC and rules in my favor, Dismissed for Want of Prosecution. 14. I won Lawsuite #2 brought by PRA 1. PRA's representatives are Rausch Sturm 2. Alleged debt $3,400+ from CitiBank card, same debt as before. 3. Venue and service was correct 4. My answer was timely and proper 5. Trial date set. 6. PRA submits a MFC and was granted (sounds familiar) 7. Trial date reset 8. I show up for trial, a local representative that was hired that morning by PRA and she shows up, out of breath and obviously unprepared. 9. I questioned her credentials and if she was a lawful representative for the plaintiff. The JP verified her credentials. 10. She called me out of court to discuss if I wanted to admit to the debt, etc. I said no. She said she had proof of the debt in her briefcase. I told her that this "proof" was a surprise, I object to it, and it better be accompanied by proper Chain of Custody and affidavits from each record keeper involved. 11. She got up directly and walked back into court, with a scowl on her face. 12. She immediately told the JP that she had no doubt I owed the debt, but due to her client lacking proper documentation and proof that they move for a Non-Suite at this time. So by her own motion her "lack of doubts" became completely irrelevant. 13. I won again 14. When I get home, I received a copy of a 2nd MFC that evidently was filed too late by PRA. I am a practical person. If someone, especially a large law firm, were to sue someone they would be prepared and have every little bit of proof and documentation at the ready. Rausch and Sturm and PRA are unprofessional, abusive with no intention of showing proof and documentation for their suite, and just plain buffoons. I don't think their cornbread ain't done in the middle. Even though they loose cases they will still keep their tradelines on your credit reports even if a judge rules against them or they choose not to prosecute (non-suite). I am sure they will do this again. Thank you and God bless from Texas.
  3. Where could I go to check if the Affidavit of Records is on the up and up and not just something recopied or forged? The handwriting of the affiant and the notary looked similar. It was motorized in Virginia. I mentioned these aspects in my Motion to Strike Affidavit and Evidence. Of course the judge ruled against me. I still think the affidavit is not genuine. Also in their affidavit, the affiant claims to be a Litigation Support Representative and "...provide me with access to all relevant systems and documents of Capital One needed to validate the information herein." Is the affiant suppose to know how these documents are created? I asked for the Affiant's job description. Of course I was ruled against. Should I still bother with the plaintiff's affidavit and evidence (to find some default within) or let it go because I might piss off the judge??? They submitted the affidavit and the records as evidence during the continuance. Is that allowed? I would have to ask the judge for Discovery to do anything like that. Thank you and God bless
  4. I have to admit, that back in 2018 when I got the "Demand Letter" from the Moss Law firm it appeared they were JBD's. I was hoping they were. It kind of felt they were riding the fence between JBD's and legal representatives of an OC. Making it confusing on which laws would govern their practices. Even though the OC is the plaintiff, their representatives, the Moss Law Firm, seems to be a JBD in disguise.
  5. So I should contact Moss Law Firm to ask if the OC has a hardship program because I am judgement proof? Or should I fill out an "Inability to Pay" form and file it with the clerk and hope the lawyers see that I'm judgement proof and hope they won't bother to show up? I think I read somewhere that this form would help me in an appeal if the plaintiff wins a judgement.
  6. HELP! I'M BEING SUED 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm? Moss Law Firm, P.C., Lubbock, TX 3. How much are you being sued for? $3,300 + plus court costs 4. Who is the original creditor? Capital One Bank 5. How do you know you are being sued? Served in person 6. How were you served? 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? Received a Demand Letter from Moss Law firm about 9/18/2018. They received my Dispute letter on 10/6/2018 then I got sued. 9. What state and county do you live sued? Texas, Angelina County 10. When is the last time you paid on this account? They say September 2017 11. When did you open the account? 2013 12. What is the SOL on the debt? 4 years 13. What is the status of your case? I was served, answered with a detailed denial, given court date, plaintiff filed and was approved continuance of 60 days (signed by judge 4/30/2019), plaintiff submitted invoices and affidavit, I sent motion to strike evidence/affidavit, my motion is denied. No court date set yet. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? Yes 15. Did you request debt validation before the suit was filed? Yes 16. How long do you have to respond to the suit? Already did 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. . They submitted a past due statement (dated 2/11/2018) from Capital One with the summons. On my credit reports the account lists it is closed, charged-off, and I owe a balance that is $120 more than I am being sued for. I maybe "judgement proof". I am a disabled vet, I am on SSA disability as well. Paying on homestead (10 acres, rural home). I am a pro se litigant and not a law expert. Please look and see if I have any dogs in the fight or is my goose cooked well done. Thanks in advance and God bless.