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Casper

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Casper last won the day on October 31 2020

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  1. I live in Texas, but my employer is technically in California; that's where payroll comes from. If I end up with a judgement against me, will they have to domesticate the judgement in Cali to get to my wages? This is a worse case scenario, and supposes they can't find my bank account, but I am still curious.
  2. This was Discover card. An OC account. I wonder why they dismissed without prej? They may have struck a deal or something. I just thought it was a strange defense.
  3. Yeah, that's what it was. Just a credit card account. Weird.
  4. I'm looking at OC cases on my county courts website, and one lawyer used 'business judgement rule' among other defenses and it seems to have worked. the OC dismiseed, but without prejudice? I looked up the definition and it doesn't make much sense.
  5. I know that's right. I got a login from my county clerk so I can view the actual pleadings of cases, and the few people who retain a lawyer have a weak general denial filed, then settle for an agreed judgement for the amount the OC wanted in the first place. It's like collusion between the attorneys. So many default judgements and a few pro se people trying their best, but they all end up in judgements against them in some way. One guy wrote out a general denial and affirmative defenses on notebook paper and has a bench trial set for next month.
  6. Not here in Texas. They just filed a sneak attack lawsuit here without the OC or Zwicker sending me anything first. I think Discover sent me something at my old address in TN about 15 months ago, but I dont really remember. I'm already looking at local attorneys and the ones who sent me letters. they have free initial consultations I might take them up on. Anyone know the answer to my initial question, though?
  7. I've been getting solicitations from lawyers offering to help me with my legal troubles, so you know what that means... I found the case online and it's Discover and I think I was into them for about $13K. The sweethearts at Zwicker look to be the goons. 😕 This obscure website says " The creditor must send you a written demand for payment (“demand letter”) at least 30 days before filing a lawsuit against you. https://texaslawhelp.org/article/debt-collection What part of Texas law says this? I never got anything from them at this address, and they filed on Sept 8th. I think they did send me something at my old address in Tennessee, but that was over a year ago. I've been saving to offer lump sum settlements to any who sue, especially OC's, so I should be OK but will still mount a defense.
  8. I only owed them $1000, but it's nice to finally be paying these old defaulted debts off. I changed jobs recently and got an $18,000 per year increase, which put me over the top to be able to save money to offer as settlements. AMEX was first because they offered me an Optima card in return as a rebuilder card, plus they never sued. Both those things I appreciate. The Optima card has a really groovy design and it will be my second card. I have one secured card through my bank. Only a $500 limit, but I'll take it. I was kind of embarrassed because I couldn't understand half of what the guy at AMEX was saying (he was in India) and I doubt he could understand my Southern accent, but it still worked out OK.
  9. Thanks for your clarity of thought. Waiting to see what happens next is a good plan. If they do act like I was served and schedule a court date, I will deal with that then. I moved for a much better paying job, so I could likely afford an attorney in that area to show up for me if need be.
  10. Portfolio filed against me at my old address in TN back in August, but I moved to TX in mid August. They never tried to serve me at all. Then, they recently they filed an affidavit of lost summons for after the court date would have been. If they lost the summons, how could they have served me at all? The court website looks like this: 12/10/2020 12:47 PM RECEIVED AFFIDAVIT OF LOST ORIGINAL SUMMONS FROM ABC LEGAL: CW/SA SERVED PERSONAL SERVICE ON 8-14-20 BY ABC LEGAL xxxxxx / RECEIVED AFTER COURT DATE / ER 08/05/2020 8:01 AM Civil Summons Issued on xxx 8/5/2020 08/05/2020 8:01 AM Filing Entered: Civil Summons - 1 Defendant - Filed For Portfolio Recovery Associates LLC - Filed Against xxxxx CW/SA: Preset court date of 11/02/2020 @ 9:00 AM. ABC Legal to serve. VH 08/05/2020 7:58 AM Civil Case Created It almost looks like they are claiming they served me on August 14th (they didn't) then lost the return of service and never gave it to the court. What does CW/SA stand for? I may write an ex-parte request to the court letting them know I couldn't have been served since I moved so no trial will be scheduled.
  11. I was just reading this old thread about this very subject that may be of some help: I also just bought this book about discovery, which is interesting: https://www.amazon.com/gp/product/B0070ZN6P4/ref=ppx_yo_dt_b_d_asin_title_o06?ie=UTF8&psc=1
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