Monolithic Cheesecake

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

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?

I don't know- it was just a hope. I guess arbitration is out of the game plan

Aug of 2015 What's the survivability clause? I can't find anything like that in my card agreement

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 I was wondering what exactly this meant: "VII. ATTORNEY'S FEES & POST JUDGEMENT INTEREST 17. Capital One Expressly Disclaims any Request for attorney's fees and/or post judgement interest whether or not Capital One is entitled to such an award by law" I'm assuming it means I'm responsible for all Legal fees? Thank you for any advice you can provide

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.

@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.

@Impress I'd like to, but how? On what grounds?

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 winning this case. My question: What are my options? Any advice on how I should handle this? i.e. Try to settle, consider bankruptcy? I know that might sound extreme for $2000 worth of debt, but I lost my job almost 6 mo ago, my unemployment has run out, and I'm struggling just to keep the lights on and gas in my car so I can continue looking. I'm in a very desperate situation, financially. ANY help or advice would be greatly appreciated. Thank you so much (I hope I have included all the necessary info. Please let me know if I left anything out)

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?

I'd like to move it to "Is there a Lawyer in the house?" Thank you

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?

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. To my understanding, to prove that the debt is not only mine, but is the correct amount, they will need all the paperwork of every payment in the chain of documents. My plan thus far is to make a motion of discovery. See what ammo they have against me. My questions: 1)Is that an admittance that can be used against me if we go to trial? 2)I have some old documents regarding this CC debt, but obviously if I'm fighting it on the basis of them having to prove it, what do you think the pro's con's of revealing that.(I know that question might seem stupid, but I'm trying to get an idea of all aspects and scenarios) 3)Should I just flat out refuse arbitration and go to trial? When I was served, they provided no copies of any kind of CC agreement or any kind of supporting documentation 4)I've been reading something about arbitration through "JAMS". Would that be a good route? Thank you so much for any help you can provide. Update: I have received the following advice, on a different thread: "Your understanding is incorrect. In Civil cases it usually comes down to the preponderance of evidence. Since the debt buyer legally purchased your debt, they will provide the court with enough evidence to prove that point. The amount owed will be a final balance. Unless you are prepared to prove that the plaintiff never bought your debt, and fabricated all of the evidence in Photoshop, the trial will be a pretty quick ruling for plaintiff." and "Rule 507 says that your request for discovery has to be made before trial. If the court grants your request for discovery, you then have to serve the other party with your discovery, and they have to be allowed enough time to respond. If your trial is in 5 days, there's no way all of that can happen in that short amount of time, so you're looking at asking the court for yet another continuance. If that's your plan, you best get that request in ASAP because if you wait until day of, you can bet PRA is going to throw a fit." So, my plan is less than sound as it would have it. Honestly, at this point, I'm not even sure what my options are. Any advice is greatly appreciated. Thank you

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?

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. To my understanding, to prove that the debt is not only mine, but is the correct amount, they will need all the paperwork of every payment in the chain of documents. My plan thus far is to make a motion of discovery. See what ammo they have against me. My questions: 1)Is that an admittance that can be used against me if we go to trial? 2)I have some old documents regarding this CC debt, but obviously if I'm fighting it on the basis of them having to prove it, what do you think the pro's con's of revealing that.(I know that question might seem stupid, but I'm trying to get an idea of all aspects and scenarios) 3)Should I just flat out refuse arbitration and go to trial? When I was served, they provided no copies of any kind of CC agreement or any kind of supporting documentation 4)I've been reading something about arbitration through "JAMS". Would that be a good route? Thank you so much for any help you can provide.