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LittleDavid's Achievements


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  1. Seeking wisdom from the group: 1. Who is the named plaintiff in the suit? Midland Credit Management 2. What is the name of the law firm handling the suit? MCM 3. How much are you being sued for? $6k 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent a DV letter on Feb 2nd, got certified mail tracking receipt, but forgot to ask for service return signature (Considering counterclaim for this one) 9. What state and county do you live in? Harris, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL. 11. When did you open the account? 2011 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? No court date set yet Suit served? Yes, Motions filed? I filed Motion for Discovery, they answered objecting to it. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not yet. 15. Did you request debt validation before the suit was filed? Note: Yes, sent a DV letter on Feb 2nd, got certified mail tracking receipt, but forgot to ask for service return signature (Considering counterclaim for this one) 16. How long do you have to respond to the suit? Answered within 15 day time frame, along with my own Motion for Discovery to the Court, which they answered by objecting to it. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Affidavit of Sale (from an employee from Citibank, but no record keeping experience or job description listed) Affidavit from MCM Employee, Litigation Specialist, listing the account history and transfer. - Last couple bank statements. - Bill Of Sale (without my name and account on it, but a separate printout has those, but no authentication on those two documents .) 18. How did you find out about this site? Google
  2. Another useful similar resource as of Oct 2020 https://www.txs.uscourts.gov/sites/txs/files/proseguide.pdf
  3. Does JP court send mail/file an order for allowing Discovery? I don't see anything on the JP's website page allowing for it.
  4. Good morning, all, On my case's page of the JP forum, the Order of Referral of Mediation-Non DRC for JP court in Texas shows up., however, I did not got the actual mail of it. It was signed on Sept 1st. OC Capital One. 1)- Is this the same as Arbitration (in Texas)? 2)- Can I refuse to this? and if so, 3)- I read that I have 10 days from the day it was received to refuse it, but as I never got it. Is there something I can do about it? Your insight is much appreciated.
  5. Yes, I filed my Motion for Discovery, expecting a approval/refusal from the Court about it, but got first the Motion for Denying Defendant's Discovery from Midland first.
  6. Greetings, community. Seeking wisdom from the experts here. I send a Request Discovery to Midland Funding (Disclosures, Admissions, Production and Interrogatories), They sent a Motion to Object my Discovery Request. Lawsuit is in Texas. Is there anything I can do to compel from them to Answer? or is up to the Court at this point? No Discovery from them to me as of yet. David
  7. Much appreciated. They are asking me directly, so would it be reasonable to grant them 20d/30d ext instead?
  8. Yes, I'm in JP. My apologies for the confusion. They are the ones asking for the 45 day extension for my Discovery request to them. They send me theirs and I already answered using the valuable guidelines from this community forum. And yes, Hopefully by answering correctly their discovery request and then sending mine to them, it will be as you said maybe they'll yield.
  9. One more member joining the ranks of brave fighters against collections. Got a call from the plaintiff's attorneys. They are asking for a 45 day extension for answering my Discovery request for them to answer. I already answer their Admissions, Production, Interrogatories and Disclosure request with knowledge from several forums. Is there any suggested responses for this? What is the best course of action? Suggested law references for this? lawsuit is in Texas in Justice Peace Court. David
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