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Everything posted by txsquirrel

  1. Just don't talk to them on the phone. I've learned that it does absolutely no good. Wait and see if they send you a letter and research this site on how to procede. Send them a validation letter and tell them not to call. I also wouldn't give them any more information over the phone it can come back to haunt you. Good Luck.
  2. Quick question... According to my state's rules of civil procedure, the discovery period begins when a suit is filed and lasts until 30 days until trial date. If any documents are received after that time period (ex: 20 days until trial date), is it still admissible?
  3. congrats on the SOL sucess. I'm counting the months for most of mine to hit. (6-9 months). If not for the research I did after receiving my first summons, I would probably have been one of those that would have thought "why show up?" Even the lawyers I talked to locally were very vague about the laws. All they would tell me is that they can't garnish or take my home so basically, why worry. Lucklily I found this site. I've had two suits, unfortunately the first never made it to court and went to their favor with a msj. But the second one I have an actual date and I hoping on the long shot that they won't show. Either way, I know that I need to be there and I will with preverbial "bells on".
  4. Does this validation criteria also apply to documents received after a suit is brought up through the discovery process?
  5. Doesn't seem worth it does it? The lawyer will have to drive a couple hundred miles to my county just to show up to court for a suit worth 1200.00. I'm hoping he won't want to take that drive especially when he can't come up with any paperwork proving his case.
  6. I think filing a motion to dismiss Summary Judgment is probably the way to go, so I will be doing that in the next couple of days. If this is wrong, let me know. Thanks.
  7. I am needing a little help in how to proceed in the lawsuit filed against me by W&A. It’s a little lengthy so bear with me. Here’s a rough timeline to let ya’ll know what is going on… 2/06 -I received summons from W&A representing GE Money Bank for about $1200. 3/06 –I answered summons in the correct amount of time. 5/06 –I requested documents from Plaintiff as well as sent them interrogatories. 5/06 –I received their responses, which were none. They said “If available, forthcoming, however please be advised that it may take up to 120 days to obtain these documents”. At the same time they sent me admissions which I denied all and interrogatories which I answered where possible. 7/06 –I received a motion to compel discovery and motion to impose sanctions. 7/06 –I replied with the same motion to get the court to make them hand over documents. I haven’t heard any response from the court on either motion. 9/06 –I received a motion for summary judgment. I was going to file one first because their 120 days for production has long passed, but they beat me to it. They claim that the plaintiff is entitled to a summary judgment as a matter of law because there is no genuine issue of fact. Further, defendant has not pleaded any claim that precludes a summary judgment. It also says, “If a party opposing a Summary Judgment is relying upon an affirmative defense, the party must come forward with summary judgment evidence sufficient to raise an issue of fact on each and every element of that defense to avoid summary judgment.” Their evidence is: A. Affidavit of a representative of the Plaintiff already on file with the court. B. Affidavit of an attorney for Plaintiff attached here to. That is all the evidence they claim to have. They also included the affidavit from the attorney. It says, “Plaintiff employed this firm to collect the claim…..Between then and the date of this affidavit, attorneys in this firm have performed work on this matter, including doing or causing to be done the following: -Plaintiff’s file on this matter was reviewed. -Demand was made on Defendant. -Plaintiff’s Original Petition was prepared. -Suit was filed. -Defendant’s Answer was reviewed. -A Motion of Summary Judgment was prepared. -An affidavit in Support of Summary Judgment was prepared. It completely skips the Request of Documents and Motion to Compel Discovery. Does this matter? Now my question. Do I need to file a Motion to Dismiss Summary Judgment? Or Do I need of file a motion to dismiss complaint? There is what appears to be a good example in the stickies, If this is the way to go, should I quote federal law or since Texas has consumer protection, should I find references through the state? I just need a little push to which way to proceed. Any suggestions of anything I haven’t thought of please let me know….
  8. At first I received their standard recording several times a day. When I tried to return the call I had no luck getting an actual person. Since I didn't know why they were calling, I didn't try to hard. I really didn't know too much about the settlement process until it was too late. I did make a payment option after the summons, but the attorney never gave me a response.
  9. Just wanted to chime in... Currently I am being sued by Ge Money Bank/Lowes through Wolpoff. It is for an amount less that you owe, about $1200.00, so If they will sue for that small amount they will probably sue for anything. I did try to contact them before this went to court, but the automated system was a nightmare and unfortunately I never dv'd them before the suit. Since I can't get any copies of documents from them now, I bet that I wouldn't have then. At the moment I am trying to get the suit dismissed. I requested documents over 4 months ago and still haven't received anything. good luck.
  10. They just contacted me tonight to let me know that the judgement amount was turned in and now my total is $6,000 more than before. That's a pretty good profit for someone who didn't even have to leave their cush office and only probably filed fill-in-the-blank legal forms. I guess I need an idea how to deal with trying to get them down to a lower amount. I didn't have what they wanted before the judgement, so it is going to be harder now for them to get a higher amount from me. I would think that offering them anything reasonable would work, but these turkeys aren't very reliable. There is at least 3 different guys calling each claiming to be the other's supervisor and they are always changing numbers. It's reminds me of the stereotypical cars salesman. So from what I understand from others, should I have a flat amount in hand and make an offer. If they are only interested in the full amount(which the can't get) should I save up on my end to pay it off or can I trust them to take payments and properly apply them to my account? Carolinablueeyes thanks for your advice. I have been watching my account for a couple of months now. There isn't much in them, so they can try to take them. Thats the only thing that they can do. Tx pretty much limits their power of collecting forceably. CBkid...Right now I want this account to just be paid. These guys are so difficult to even talk to, I couln't imagine them actually helping me with my credit report. You guys are great. Sorry if I rambled. There is just a lot on my plate right now and I felt a surge of questions. Thx;)
  11. Just an update...I filed a motion to compel against the plaintiff last month and haven't heard anything from my motion or theirs. In their original response to discovery they said that they would supply documents (statements etc...) but it may take up to 120 days to do this. It has been past that time and I haven't heard or received anything from them on this. Is filing to dismiss this case an option? Can I base it on the grounds that they haven't any evidence? or do I need to wait until something happens with the motion to compel discovery. thanks
  12. I'm just curious. Is there a high possibility being able to settle a debt after a debt has received a judgement. I received a judgement against me a couple of months ago and received a call in the middle of July with a settlement offer before they send a judgement amount to the court. I wanted to take the offer, but needed until the end of the month to pay it off. With much arguements from them, they finally agreed to hold the paperwork and gave me until the 31st. I called them several times to confirm what was going on and that I was going to take their offer, but on the 31st I tried to call to finalize and now I can't get through and they haven't returned my calls. I suppose my question is, will the CA's still settle after judgement has been filed or is it to late for any negotiations. Or am I now just SOL.
  13. I'm glad this topic was brought up. I have two cards, 1 discover and 1 visa I've had at least 15 years and are both up to date. I am gradually paying them down, but the concern is what will happen if I pay them off. I would hate to think that they would cancel them after payment. There are few things great about my credit and loosing this positive would not be good.
  14. If this has your signature, then I would assume it is validation. At least from what I've seen on this board. I would think that you would want something more to verify the amount that they are trying to collect for how they came by that total. Did the CA send you the validation or directly from discover? If from the OC(discover) maybe it would be better to communicate directly with them. Just my thoughts on the subject...Others are tons more knowledgeable on this subject than myself. Search, search, and search the board and more than likely you'll find any information you could need on this subject. Good Luck
  15. I don't think they'd have to look to hard. If they do have the records from the OC (Amex) they would have information to find our bank account. I've had it almost forever. I did open an account in another bank, in another name, to take of bills etc. Just in case. It just bothered me that they didn't want to give up anything in writing before we gave them any of our account info. THey acted like there was a big rush to get this through. They won the judgement, so what's the big hurry? It just didn't feel right. It's probably good I didn't have the amount they wanted just laying around or I may not have thought it out. It pays to read the other posts on this board.
  16. I called the mortgage co. (WAMU) and they said that there was nothing they could do about it appearing on the CR. It would come off in the 7-10 year period. Does this sound right? Should I write them or is it a waste of time? THey did say that they would send me a letter. Do loan officers take a letter into account or are they strictly bound by the CR? Thanks
  17. I recently received a motion to compel from a plaintiff and it almost mirrored the sample in the sticky. I'm using it to guide me in my own motion and I think it should do fine. Good luck.
  18. I appologize for all the questions lately. It seems everything has hit me at once. I am in the process of filing a motion to compel discovery and have tried to access the online site for Texas Rules of Civil Procedure and the site has been under construction all week. The local library also is without and copies so here I am. That's what I get for not downloading it when I could. What I need is the reference # if any that mentions any time limit on receiving documents requested from plaintiff. I sent discovery on May 11 to plaintiff requesting documents, on May 23 they informed me that it may take up to 120 days. I just need some sort of legal reference as to why they need to send it sooner. (I'm hoping one exists) I'm facing sanctions from them because of my answers to their discovery was "evasive". I didn't have any of their documents to base my previous answers on, so I need to get this submitted soon. This post was a last ditch effort. Any information would be great. Any ideas where I could look for this information would also be great. Thanks
  19. I just wanted to reply to my own post and possibly answer my own question. After talking to the crooks in NJ, I've decided not to take up their offer. Just a little FYI. I let them know that their terms seemed do-able and wanted to see their offer in writing, they refused. They will not send through mail, fax or email their offer and terms in writing until I give them my bank account information and permission to withdraw the money. Like many, I'm not made of money and can't risk the gamble. Thanks for the information found on this site, without it I may have known about many of the horror stories that can happen when you give out personal information.
  20. I am being sued by Zwicker and need a little advice with settling the judgement with them so I don't screw up big time. They won with a summary judgement in june. I received signed letter from judge proving this. Their suit was handled through an attorney in Texas. Today a CA from their (I think) New Jersey office offering to settle the account for about half. I think it sounds like a pretty good deal considering. They mentioned several times that I should take this offer before there is a Judgement signed. They obviously don't know about what is going on here in Texas. My delimma...I want this to go away. I think I can pull of paying them, but I don't want them to come back after the realize that they won the judgement for more money. If I do settle with them what should I specify if possible to make sure that this doesn't happen? Should I let them know that a Judgement was passed. Or should I just call the Texas attorney and deal with him? I tried to call him once before and was directed to the guys in NJ.
  21. I have decided to try to settle with w&a. We are discussing options, but haven't come to any terms. Should I submit a motion to compel discovery or should I just leave it alone?
  22. Every question in the interrogatories, if I knew the answers would void everything I denied in the admissions. One question such as,"State the amount. if any, which Defendant owes Plaintiff or Plaintiff's original assignor and the calculation used to determine such amount." If I could answer truthfully, would only come from statements I had. My answer "the def is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specificall denies the allegation contained therein, and leaves the Plaintiff to provide proof." I pretty much answered the same to all. They wanted to know when credit was extended, amount and quantity of payments, and dates. I know that this is probably pretty typical and I will more than likely just end up setteling, but I want to make sure that they even have a case. There have been so many contact me about this debt that I need to know who to settle with. Sure I can hand over copies of letters and statements to them, but if I did that I may as well just send them a check also. They are suing me, shouldn't they have to do some work. Is the 120 days they are requesting excessive? Don't get me wrong, I'm not trying to duck this debt. I had a rough couple of years and the amount of debt I defaulted on in mindboggling. It's just hard to keep them all straight. Unfortunately this site and it's information wasn't found until it was too late. Sorry for the mini-rant. So if I understand BigLaw correctly, I need to also file a motion to compel upon them as well and hope for the best. He mentioned fines and penalties. If the information they are requesting is not existant or questions are unanswerable, what happens then. Are they assuming that I have all the information or If I tell them that I basically"don't know", can they win without providing anythimg?
  23. Is is possible to have a forclosure tradeline removed from credit report? Last year our house went through the foreclosure process. We got the account back on track before any legal procedings actually happened and are now in good standing with our mortgage company. Is removing the notations of this foreclosure even possible or is it something we need to wait out for it to be removed?
  24. Hi all. I finished the plaintiff's discovery request and sent all to them on June 23. Today I received a copy of a motion to compel discovery on the grounds that defendant "wholly failed to answer numerous Interrogatories" and defendant "wholly failed to respond to numerous Plaintiff's request for Production". They are claiming that I used evasive or incomplete answers. They are requesting that the court compel us to answer interrogatories and produce documents. I answered every single question. What the hey. We sent discovery to them first and all we got from them was in regards to production, "if available, forthcoming, but be advised that it may take up to 120 days to obtain these documents.", on every request. As far as the interrogatories I sent them, the only answers I received from them was hand writted scribbles on a photo copy of the question's I sent them. I think a secretary didn't get these typed up. It is hardly readable. My question. Can they have the court force me to give them copies of statements (which I have) to them before they prove to me that they have case? I don't want to give them ammunition. Do I need to reply to this motion? If so, they are asking the court to grant them up to $500 just because they had to file this motion. Can I do the same with the response?
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