alwayswinning36

@profwormDid they settle with you?

Then what is the legal name they are registered under? Discover Bank, yields nothing with the Texas Secretary of State directory. If they were registered, using the name Discover Bank, it would yield the result and display the address as well as the registered agent. In this case it does not.

@texasbbj@Clydesmom Discover Bank doesnt exist in Texas, or at least isn't registered as Discover Bank with the Texas Secretary of State. This COULD mean they can't assert any claims or do anything other than defend themselves if they are sued in Texas. I am not sure about this, though. I do know I once was going to sue someone not registered in this state and was told they couldn't assert any claims or do anything other than defend themselves if I sued them. I did just check with SOS direct in Texas, Discover Bank pulls up nothing. Says "there are no records that match your inquiry."

So is there no arbitration agreement that limits court to only small claims?

Usually if you enter a settlement, it will contain language, something to the affect of you waiving or agreeing to release any and all claims against whoever you settle with. Have they offered to settle with you? Mind you my experience with settlements are when I have sued or threatened to sue someone and received a settlement from that party. I have never received or been involved in a debt settlement. Always only had dismissals with those.

I wouldn't think so. Again, simply making her an authorized user on his credit card doesn't mean her prior present or future bad credit goes on his reports other than that specifically used with that specific card she is authorized to use. Now, if Bob on the same account he authorizes a card for Alice on, destroys his credit with that card, in turn that negative credit will also appear as it relates to the use of that card account specifically on Alices reports as well.

When you say county court, you mean JP Court right? Whatever county, JP #whichever?

Yeah, post a copy of the complaint. And when was this alleged debt charged off? You don't really supply a lot of information for anyone to be able to help you. And it seems rather incoherent, what little you have posted. No offense.

If he wanted to make it a joint account, pretty much the same scenario. It would only limit his exposure to her credit debt on his reports relating to that account. But to that point, Bob may want to consider this all again carefully. Considering her prior woes with debt. Any JOINT account, will affect both Bobs and Alices scores for one and the others credit mishaps.

If you already filed your answer, what did you answer with? I am getting the vibe you didn't go the route of general denial variety. If you already filed an answer I think you'd have to now file an amended answer, if you wanted to use a general denial approach.

We are speaking of Bob simply adding her as an authorized user to his already established account, correct? Not opening a new joint account or making it a joint account?

Bob getting Alice a card on his account doesn't mean her credit goes on his. If it did, it would only be specific to her use of said credit card he provided, not her entire credit history.

Could be. I know in Texas far as I knew and last I checked a month or so ago it was courts discretion whether not the statute of limitations would be extended on some cases due to COVID. I am not sure if that would apply only to new cases, I would imagine so since an already filed case could be filed in the SOL it was originally afforded anyway.

I understand what you are saying. I was just pointing out that as he thinks TCPA doesn't apply in his case to defend himself counter wise against them, that he may still have an FDCPA claim, relating to the call.

Try your luck and see is all I can say really. The judge would likely say that justice court and small claims are the same thing. Doesn't mean he is correct, and doesn't mean I am, either. I would not be sure honestly. You could probably ask an attorney that simple question on the phone for free, though.