Ballerina72

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About Ballerina72

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  1. Thank you, @Impress. I admit, I broke down and had a consult with a lawyer. I don't know in what county you reside, but the Court I'm dealing with has 4 sets of rules they pull for cases. Apparently, I really screwed up when I went to the judge with the motion in the first place without that certificate of conference. I have 35 days left before trial and the judge I have only grants or denies. Also, the fact that I asked for discovery took away my right to amend my answer, so bye-bye affirmative defenses. I also can't file for an appeal now because the judge gave me a new trial and parties are only allowed one new trial per case. I really botched this one. I could win with what I have, but the default judgment put me at a disadvantage and I am no longer confident the Plaintiff wouldn't have a surprise for me at trial. With that being said, I found a knowledgeable lawyer and he is going to take care of it for me. I'll give an update as to what he did and the outcome. Thank you, again, for your answers.
  2. I guess my next question for anyone who might know would be once a motion for discovery is denied, can I amend that motion?
  3. Thank you, @texasrocker, I appreciate your response. I did include the COS, however; I did NOT include the certificate of discovery conference. It looks as if I was supposed to deal with discovery with the plaintiff before I made a motion for discovery? To add, I did not attach the actual requests to the motion...
  4. Thank you, for your answer! Welp, the court just emailed me denying my request with a note at the bottom saying, "See Local Justice Court Rules." I guess I did something wrong. Have no idea what I did??
  5. Boy, am I glad I called, too! Technically, PRA sent the case to Rausch, Sturm, Israel, Enerson &Hornik, so I'm dealing with them. I dropped off the motion and order form this morning and am waiting for the decision. I wrote the motion for permission to use, as well why I needed discovery; to produce my defense. Am I correct in saying I didn't need to attach the actual questions being used in my discovery? I recall reading that the request is laid and I don't need to file my actual admissions, production and disclosure, just the motion. Did PRA give your case to a different law firm to handle?
  6. I wanted to clarify a rule I posted earlier in the thread about post-judgment discovery: I called the clerk to verify and she said since the judgment was set aside and new trial granted, I definitely need to motion the court for discovery, still. @Impress, you were correct. Thank you.
  7. @Goody_Ouchless Since this case wasn't dismissed for failure to prosecute, it was left idle on the docket for 5 1/2 years. The court never moved for DWOP nor is there anything in the court files suggesting anything at all happened between my answer to the suit until the final default judgment. The set aside default judgment and new trial motion that were granted, means it just presses the reset button for trial. Plaintiff does not have to re-submit the citation, so the case moves forward as if was just instituted. I get the opportunity to serve discovery and see what the Plaintiff does with that. In my case, when PRA came calling with a dunning letter, I DV'd them. They ignored my DV and before the 30 days was up, they filed suit. They also reported multiple PAYMENTS on all my CRA's, to Portfolio, itself when clearly, that did not happen. I made a copy of all that back in 2014 and I still have it in my folder. However; after I DV'd them, they removed all of that info and it disappeared.
  8. @Impress When PRA filed the suit, they still had around 5-6 months left on the SOL. The suit stops the SOL as long as it's active. The SOL started up again on the day the judgment was entered. Since the trial has been set under the 5-6 months PRA had left to make a move, SOL won't be in play, if that makes sense?
  9. I'm still looking, but I'm considering sending discovery to the plaintiff; I have enough to prove my defense. I actually have everything in a file from 2014 from the dunning letter, on.
  10. I sent one motion asking for setting aside the judgment or in the alternative, motion for new trial. I included a notarized affidavit, along with a blank order (one for each motion) for the judge to sign. I went to the court clerk's office to file and the clerk told me they would email me a date for the hearing if the judge sets aside. They emailed me after I got home, setting a new trial for December 16th. They also emailed me the copies of the judge's orders, where he granted set aside and new trial without a hearing on the motion. The SOL has not passed, yet, believe it or not. I found this rule in the TRCP: (b)Post-judgment Discovery. Post-judgment discovery is not required to be filed with the court. The party requesting discovery must give the responding party at least 30 days to respondto a post-judgment discovery request. The responding party may file a written objection with the court within 30 days of receiving the request. If an objection is filed, the judge must hold a hearing to determine if the request is valid. If the objection is denied, the judge must order the party to respond to the request. If the objection is upheld, the judge may reform the request or dismiss it entirely.
  11. Update: The judge granted the motion to set aside, as well as motion for new trial. I sill can't find a 2003 cc agreement for Capital One, so I want to proceed as if I won't be able to use ARB. Am I allowed to use prior mistakes by the court and plaintiff in the new trial or does all that go away with the granted new trial?
  12. Thank you, I've trying to find the agreement for 2003 and haven't had much luck, I'll keep searching.
  13. You're right, it was charged off in 2011, so the ARB clause is a goner. I'll just stick to my motion to set aside, so I can make the deadline. I would be happy to even just get another chance to defend myself. Thank you, for all of your answers.
  14. @Impress Thank you, so very much for clarifying. What you posted is what I've been scouring...I have until November 5, to get this in to the clerk and notify the Plaintiff. I am currently gathering my reasons for making the request under Lack of Notice and it looks like I have a number of legal reasons to do so, at this point. My account was opened in 2003, so I should be able to use ARB.
  15. Update: I went to the court clerk this morning and requested the entirety of my case file. I asked the clerk if this was everything that was ever submitted; motions, hearing announcement, etc. and she said what I had was everything entered into the court file. The only things in the file were: Plaintiff's original petition, case info sheet, my verified answer, my certificate of service and the default judgment. No certificate of service for citation, no affidavit for basis of suit, no motions made by plaintiff, no hearing announcement, no DWOP to plaintiff, no mailings from the plaintiff nor court...nothing, for five and a half years. It's like the judge saw the case and without any announcements or orders (beyond default judgment), defaulted the case. However; the plaintiff did show for the hearing, but there's nothing in the file stating a hearing date was made. I'm wondering if there is anything I do beyond the motion to set aside default judgment or if I even have to file the motion to set aside? When I spoke to my friend, yesterday, we never thought the file would be completely devoid of info, so I was content on filing the motion to set aside, with my reasons and go from there. Now everything has changed.