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Casper

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Everything posted by Casper

  1. 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.
  2. 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?
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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
  8. thanks. that's what i figured.
  9. These are JDB's. About a year until the SOL is up in TX. I defend myself and counter-sue every time. I just wish there was a court website where I could search for my name to see when they file against me. I'm not even sure which judicial district I am in to call a local court every now and then to check.
  10. I've read a lot about them, and some people swear by them, while others say they will backfire on you. Are you really putting the CRA's on the spot by asking them for something they don't have?
  11. Ok, thank you. I couldn't find anything, either.
  12. OK, thanks. Is there a website for the Justice Court records?
  13. I recently moved from TN to Montgomery County, TX. A few JDB's will surely follow me here eventually. I think I found the website to keep an eye out for lawsuits against me, but I'm not sure I'm using it right. http://odyssey.mctx.org/Unsecured/Search.aspx?ID=200 When I search my name, nothing comes up, which it shouldn't yet, but to test it I also searched under 'Business Name" for Portfolio and Midland, and nothing comes up for them, either. The closest I came was finding an appeal for a judgment for Portfolio from some lower court while searching random names. Do the different judicial districts have their own searchable websites for JDB suits?
  14. Yup, I may contact them and try to settle if I get served, especially since I will be making much more money soon. I suppose I could waive service and file and answer, then hire a lawyer to show up at the hearing in November, since I will be able to afford one then. I'll call the courthouse and ask if I can appear by phone - good idea. I may also go by there and get a copy of the complaint so I can see who and for how much. Javitch Block is the law firm.
  15. I keep an eye on my county's court website here in TN since I know a few JDB's are after me. One got filed against me by Portfolio yesterday, with a hearing date of 11/02, but I'm moving to Texas at the end of August. (got a much better paying job) There is no info on who the OC is or the amount. Right now I can't afford a lawyer, but with my new job I might be able to come November when the first hearing is. It seems to take a while for process servers to get to people where I live in rural TN, so I may be gone by the time they try to serve me, but I won't count on that. I always fight JDB's and make them prove their case and will use arbitration if that is an option, but I won't be here for the hearing date, even if I file an answer before I move, so I'm not sure what to do.
  16. OK, thanks. That makes sense, especially if the defendant didn't try to defend themselves or at least fill out the Sworn Denial form.
  17. I don't know anything about the case, either, which is why I asked if you guys could guess how they got the judgement before the re-scheduled hearing.
  18. Sorry to be unclear. this isn't my case, but Discover is after me, so that's what i was wondering. you think the bad guy attorneys filed for a MSJ in the mean time? makes sense if the defendant didn't do much.
  19. Help me understand what is going on here. They had a continuance until March 27th, but a judgement was entered on March 4th. Mar 04 2020 - 1:25 PM Case Status Change: Disposed Mar 04 2020 - 1:24 PM Judgment Entered: For Plaintiff DISCOVER BANK for $5,428.13 against Defendant xxxxxx xxxxx $5,177.63 Judgment, $0.00 Interest, $250.50 Prepaid Costs, and $0.00 Unpaid Court Costs judgment Amount of $5,428.13 plus post judgment interest at 6.75% rate Jan 24 2020 - 12:19 PM DISCOVER BANK - Civil Hearing held 1/24/2020 9:00 AM - Continuance Hearing continued to 3/27/2020 9:00 AM. Jan 24 2020 - 12:19 PM xxxxxxx - Civil Hearing held 1/24/2020 9:00 AM - Continuance Hearing continued to 3/27/2020 9:00 AM. Dec 26 2019 - 12:06 PM ANSWER FILED BY ATTY xxxxx FOR DEF. Dec 26 2019 - 11:53 AM Hearing Entered: Civil Hearing scheduled for DISCOVER BANK, xxxxx on 1/24/2020 9:00 AM; Judge Toby Gilley Dec 20 2019 - 11:52 AM Served per Whit Davis Dec 16 2019 - 3:01 PM Civil Warrant Issued on xxxxxs 12/16/2019 Dec 16 2019 - 3:01 PM Filing Entered: Civil Warrant - 1 deft - Filed For DISCOVER BANK - Filed Against xxxxxxx Dec 16 2019 - 2:59 PM Civil Case Created
  20. I'm not really going to, I was just curious. I research JDB's and OC's who may sue me eventually on my county's court website, and a lot of the times, if the suit is never served because the Defendant is "not to be found," either the attorney dismisses the case without prejudice, or it just sits in limbo. I have a three like that from where they tried to serve me at my old address in a different county.
  21. WOW. I had no clue they could mail it. Thank you.
  22. What happens if you just don't answer the door in a State where personal service is required? (I'm in TN.) What if they use alias service and the Sheriff tries to serve it and you still don't open the door? I saw one case on the county courts website where the county Sheriff noted that the defendant was evading service, but then there wasn't anything more. What could happen to that case when the Sheriff basically testifies that you are evading service?
  23. BK = bankruptcy, which is a last resort, but is sometimes a necessary evil, especially when dealing with Original Creditors who can always prove their case. make sure you have the right court website, which is usually by county for for debt cases.
  24. I actually dealt with them in 2006 when I lived ion SoCal. They are so abusive and disrespectful that they are lucky people don't start shooting at them. That was my first use of Guerrilla tactics and I defended myself and filed a counter suit and filed a bunch of motions to bury them in paperwork, and they switched to a different attorney, who settled amicable with me. I also motioned to strike the CC statements they filed as fraudulent to put them on the defensive, but I settled with the new attorney before the hearing for what I legitimately owed, rather than the inflated number they wanted. Honestly, they usually have a strong case, so I would BK everything if you can.
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