Monolithic Cheesecake

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About Monolithic Cheesecake

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  1. Ok, This is the Answer letter I have drafted. I have responded to each and every allegation individually instead of answering all with one line. You think it's solid? I have left my name and case# out for the purpose of this forum. Thank you again Answer Template edited3.odt
  2. Do you know what they meant in the first part about discovery? How should I respond in my answer letter? I mean, am I denying they asked for discovery?
  3. I don't know- it was just a hope. I guess arbitration is out of the game plan
  4. Aug of 2015 What's the survivability clause? I can't find anything like that in my card agreement
  5. Ok, so- I just got served papers stating that I'm being sued by Cap1(the company, not a debt collector I think). I'm getting ready to put together my answer letter but the first part of petition is : "I. DISCOVERY LEVEL 1.Plaintiff intends to be conducted under Level 1 of Rule 190 of the Texas Rules of Civil Procedure." What exactly does that mean? How should I answer it in my answer letter? In addition to the summons, they attached 2 different copies of bill statements as "Exhibit 1". How and when can I request all the documents they're using against me? And also
  6. I DID IT!!! I WON!! THEY PULLED OUT!!! HAHA!!! SUCK IT, PRA!! So, I went through the process and filed for a motion for continuance, and I received a reply from the clerk saying the case has been dismissed by the plaintiff! It was dismissed with prejudice, however. Does anyone know if it's too late to ask the court to dismiss WITH prejudice? Thank you to @Impress, @Clydesmom, @texasrocker, @Harry Seaward, and anyone else who took the time to give me their advice.
  7. @Impress Thank you for your timely response No, they did not give me any copies of the paperwork. Trial is set for tomorrow afternoon. I'll do some research and see what my options are in regards to discovery.
  8. Ok, so here is what's happened so far: This is for a credit card debt from CAP1 for about $2000 by PRA(Rausch-Sturm LLP, to be more specific) Was served back in Aug(No evidence against me was included or mentioned in these papers), responded with an answer letter denying all accusations for said debt, which was accepted Went to mediation in hopes they didn't have the full chain of custody and maybe they would cut their losses on such a small debt. They have a STACK of paperwork about said debt. Probably the full chain of custody. I don't think there's much hope of winnin
  9. It was Rausch Sturm LLP. Thank you- that sounds like a good plan. I'll let you know how it goes. If all else fails and I DO need to go the route of arbitration, when do I need to submit that?
  10. I'd like to move it to "Is there a Lawyer in the house?" Thank you
  11. Hello, I'm trying to learn the in's and outs' of this site, but I seem to have posted my topic into the wrong thread. How do you delete you post?
  12. Here's the situation: I was served and after doing some research, I filed an answer letter. I received a letter in the mail about a pre-trial mediation. I attended but was unprepared because I didn't know what I was in for. I requested a continence and the judge granted it. I go to court on the 5th, which is in 6 days. I've done a LOT of research, but I just would like some advice on my current plan. I don't want to agree to any kind of mediation for fear that it will inadvertently admit that the debt is mine, and my main defense is the burden of proof that they will have to provide
  13. I see. And as for a motion for discovery- does that have to be done on the day of court or should i efile the request prior?
  14. Here's the situation: I was served and after doing some research, I filed an answer letter. I received a letter in the mail about a pre-trial mediation. I attended but was unprepared because I didn't know what I was in for. I requested a continence and the judge granted it. I go to court on the 5th, which is in 6 days. I've done a LOT of research, but I just would like some advice on my current plan. I don't want to agree to any kind of mediation for fear that it will inadvertently admit that the debt is mine, and my main defense is the burden of proof that they will have to provide