jmorris214

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About jmorris214

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    Garland,Tx.

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  1. @Clydesmom Don't banks notice when a direct deposit is coming in from a name not on the account? I have thought of the pre-paid debit/credit card route but was unsure if that would actually work as I have read some sites stating that the collectors are on top of that scene now. I'm sure I could "work it" long enough to get to my BK filing. LOL
  2. @Clydesmom I would bet the farm you are correct in your assessment of the situation. The problem with me reciving a judgement is that my employer does not offer payment via check anymore. Only direct deposit which I would then potentially lose to a levy. I am just really trying to hold the proverbial waters at bay until I can file for bankruptcy protections on March 1, 2021. If you have any advice on how to avoid a levy, or how to get around a levy, I am all ears!
  3. @BV80 I agree with your statement 100%, which is why I hired a lawyer for the OC. All the rest of my debt in collections have been sold to JDB's. Only Cap1 was holding out. Thank you for your input, it is appreciated.
  4. Yes, they are credit card debts. I only hired the law firm because I was being sued by an Original Creditor (Capital One). I will remove those defenses of course, and proceed with the Denial Answer with only the jurisdiction defense. Thank you a lot for your explanations, that was very thoughtful and very kind of you and I appreciate t.
  5. So then just the lack of Jurisdiction defense? I had originally thought to include them as I have a law firm handling a larger case and those are literally all the defenses they listed on their general denial answer. For discussion sake, why would they be bad? Forgive my "newness."
  6. I am working on going the arbitration route but have a question on my denial filing. I have listed as my first affirmitive defense the "A. Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore this Court does not have jurisdiction to hear this matter." my question is, is it ok for me to list the rest of my affirmitive defenses as well, or would that hurt my chance for motion to compel arbitration? Thanks in advance everyone my other affirmitive defenses are - B.estoppel; C.laches/waiver; D.failure of consideration; E.affirmative defense of fraud; F.statute of limitations; G.the defense of justification and excuse H.the Business Judgment Rule; I.failure to mitigate damages J.payment; K.setoff or recoupment; and L.all conditions precedent have not been performed and have not occurred