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About glarco

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    CIC Member
  1. They cannot garnish your wages in TEXAS. They lied.
  2. Was a copy of your answer sent to the Plantiff's attorney? They probably didn't check the court house for your answer.
  3. I like to be very specific in my DV requests. Ultimately it is up to a judge to decide whether a DV response is sufficient. By being specific you place the collection agency on notice of what is expected. If the collection agency doesn't meet your expectation then I would follow up with a Cease and Desist letter. If the collection agency then sues, I will be able to demonstrate to the judge that I made an attempt to validate their claim before the lawsuit was initiated. The collection agency will look bad if they didn't make an effort to provide information that a reasonable person would expect. During discovery my attorney will request the same specific information. At the very least I should be able to counter claim attorney fees racked up during discovering. There may be even an FDCPA violation or two. Bottom line: Be reasonable in all your correspondences with the CA. Is it reasonable to ask for an agreement, statements, and whether they have the right to collection. ABSOLUTELY
  4. What? Cease communication rights gone? I'm no expert but I dont think you ever lose your Cease comm rights. While not binding on the original creditor, the cease comm forces debt collectors to only two option. No further communicaton/collection or lawsuit.
  5. Isn't Capital One an original creditor, which isn't subject to FDCPA?
  6. Just wondering if anyone out there has any problems with Unifund bringing suit beyond the Statute of Limitations?
  7. I got this from a debt collector's training guide posted on this forum by divemedic. Search his name for the reference and find page 59 of the training guide. To paraphase the training guide This is what the FTC, says: That filing paper and serving suit does not constitute communication from a debt collector. However: The courts of often disregarded the FTC position that filing a complaint is not communication concerning debt. Bottom line if you are being sued answer the lawsuit or hire a lawyer to preserve your rights
  8. Payments may or may not start or toll the running of the (SOL) statute of limitation. For example, In the state of Texas a Cause of Action brought upon an credit card account based on an written agreement starts, when the card holder breaches the agreement (deliquent) such as late pay, that is when the statute of limitations start. If you make payments but never bring the account back to being current, the SOL continue to run. If you do make the account current again then you should not use the previous deliquency to compute the SOL. However, don't take my word for it. Check the Statutes for your State then asked an attorney or judge if possible then get a second and third opinion.
  9. The important thing is you answered your lawsuit. Most Defendant's in these cases don't do that. The law library is still your best source for information at this point. Including finding a affordable attorney. Just tell the Librarian your situation and she can point you in the right direction. Legal Aid sounds like a good option for you and there may be some others. Maybe you can find some one to take your case pro bono. If you are given some kind of notice for a motion by the plaintiff, call, write or go see the judge and explain your situation. Most likely you will be granted some kind of continuance or extension of time.
  10. Isn't illegal for an assign to bring action on debt to small claims?
  11. It doesn't matter what your boyfriend says or how he handled the transaction. All that matters is that you had some kind of verbal agreement to do this for that with him. You, or rather your mother lost 3k because he didn't live up to his side of the agreement. Continue to work it out without going to court but don't wait too long. There is a Statute of limitation. When the time comes to sue, sue him in small claims. You have nothing to lose except the filing fee. The judge may have to decide who is more credible if it turns into a 'he said she said case'.
  12. You will also need the Texas Rules of Civil Procedure. You can find them at any Law Library or even Public Library. Just ask the Librarian. This book will explain in legalees about summary judgement motions and discovery. This is most likely your next step. This website will also help.
  13. Looks like is wise to always claim affirmative defenses. Even if you think it doesn't have a chance. Especially with SOL. I seen so much conflicting information regarding SOL, effect of partial payment and tolling on this forum and in general on the internet. So far my opinion is: if you feel your debt is old debt and your feeling are reasonable, claim it.
  14. Trying to prepare my answer to an lawsuit and want to make sure I cross all my T's. Especially when it comes to affirmative defenses. Beside SOL what other affirmative defense can a defendant in a debt suit bring up on the answer to summons?
  15. Did you have to file separately with the court or pay filing fees? Would there be a difference between the plaintiff and the plaintiff attorney?