timbuck2

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About timbuck2

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    Texas
  1. Did I screw up not asking for MCA in my initial answer to the court, and that is why my case is being sent to mediation? Can my answer be amended; or what needs to be done to head this off from mediation? Many thanks in advance!!!
  2. 1. Who is the named plaintiff in the suit? Second Round LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint). Rausch, Sturm, Israel, Enerson & Hornik 3. How much are you being sued for? $11,447.23 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank / Toyota Rewards Visa 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Collection letters 9. What state and county do you live in? Texas, Harris Cty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/11/2018 11. When did you open the account (looking to establish what card agreement may be applicable)? June 2009 12. What is the SOL on the debt? To find out: It is not outside SOL 13. What is the status of your case? Suit served? Motions filed? Order for Trial Setting 11/02/2020. Currently headed to Mediation. Prior to that: Answer, MOC Arbitration, Notarized Affidavit for CC Agreement 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Yes 16. How long do you have to respond to the suit? Already did, see above. 17. What evidence did they send with the summons? Pretty much a desk full of everything related to that account. 18. How did you find out about this site? Google My question is: do I wait for trial to argue on my Motion to Compel, or do I leave that for Mediation? Or, can I open an Arbitration case with JAMS/AAA before this and hold it over their head to drop the court case? Anywho, many thanks in advance!!
  3. Update: Never was served and it looks as if the attorney withdrew their case, for now. I did sendthe attorney a certified letter stating my intention to take the case to arbitration about 2 weeks ago. I don't live in the county they tried suing me in, so they will probably file suit in the county I do live in. Anyway, we'll see. Hope everyone out there is doing okay.
  4. That is what I was wondering. The only thing I have do so far was send Second Round Sub a certified letter that I intend to take this to arbitration. I have started my Answer Response to the court and my MTC. Not sure what happened to other responses I had from other posters throughout the day, but there was a question if a collection agency act on behalf of Comenity Bank? I'm guessing that is what is happening here. Anyway, this is all the information I pulled off the District Court's website. Maybe someone can tell from the attachment. Thanks a million! Here is an update: I still haven't been served or received anything from the court, but I noticed the Events & Orders of the Court have changed. Does anyone have an idea what this might mean? I'm guessing they are asking for a court date because the address they have is one I don't live at,i t's just a UPS Store mailbox.
  5. That is what I was wondering. The only thing I have do so far was send Second Round Sub a certified letter that I intend to take this to arbitration. I have started my Answer Response to the court and my MTC. Not sure what happened to other responses I had from other posters throughout the day, but there was a question if a collection agency act on behalf of Comenity Bank? I'm guessing that is what is happening here. Anyway, this is all the information I pulled off the District Court's website. Maybe someone can tell from the attachment. Thanks a million!
  6. I received a few letters from attorneys looking to represent me against a Petition/Lawsuit for a CC dept owed to Comenity Capital Bank by Second Round Sub, LLC. These letter were sent to a private mail box (UPS store) and not my home address. I haven't received anything from the Court, nor have I been served. I have looked up the case filed on 2/18/20 and I am being sued, but it states that as of 3/9/20 that I remain unserved. My question is: do I wait until after I am served and/or receive notice from the court informing me (I'm assuming this would be sent certified mail) to file an answer/MTC with the court? Many thanks in advance for any help with that question. I'm sure that I will have a few more in the upcoming weeks.