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Everything posted by txsquirrel

  1. Thank you for all the opinions. I've been away for awhile and only just now got to read them. Wayhigh, It's wprth looking in to about the filing in two different courts. The case number was the same on both, so maybe it was just a clerical error on their part. I am planning on discussing my options with an attorney this week, so maybe I'll have some insight. Another interesting thing. The attorney handeling this suit is in Tx, but I've yet to talk to him about it. The guys from New Jersey have called me several times before the SJ to try to settle. I have tried to talk to the Tx guys, but calls are forwarded to New Jersey. Anyway, today I received a call from the CA with Z&A in New Jersey wanting to settle for the original amount(not including legal fees etc. mentioned previously) minus 25%. SOunds pretty good considering what they could be trying to get. I asked about the status of the suit and he didn't seem to know anything about the approval of the Summary Judgement. All he knew was that it hadn't been to trial. Is their lack of information to good to be true? I'm thinking that I should just jump on this settlement before it gets nasty.
  2. I have received tho letters the first from the court... Summary Judgement On this date came on to be considered the Motion of Plaintiff in the above-styled and numbered cause for Summary Judgement. After careful consideration of the pleadings, the admissions of Defendant and the other summary judgement evidence, and the arguments of the parties, it appears to the Court that there is no genuine issue of material fact and that Plaintiff is entitled to judgment as a matter of law. Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Plaintiff AMERICAN EXPRESS TRAVEL RELATED SERVICES, INC. have and recover of and from Defendant ####### Judgement for the following: 1. The sum of $4,348.82 as the balance due, owing, and unpaid under the Agreement as of February 1, 2003; 2. Pre-judgement interest on said sum at the rate of 23.99% as provided by the terms of the Agreement from February 1, 2003 through the date of judgement; 3. Reasonable attorney's fees in the sum as follows: a. The sum of $2,500 for services through entry of a Summary Judgement in this proceeding; b. The additional sum of $1500.00 in the event of proceedings in the trial court after entry of Summary Judgement; c. The additional sum of $6,000.00 in the event of an appeal to the Court of Appeals of the entry of a Summary Judgement; d. The additional sum of $2500.00 in the event either party seeks rehearing in the Court of Appeals; e. The additional sum of $6,000.00 in the event either party seeks review in the Texas Supreme Court; and f. The additional sum of $2,500.00 in the event either party seeks rehearing in the Texas Supreme Court." 4. All costs of this proceeding; 5. Post-Judgement interest on said sums at the rate of 7.5% per annum, compounded annually in accoudance with 304.006,. TEX Finance Code. Plaintiff shall have all writs and other process necessary to enforce this Judgement. This Judgement finally disposes of all parties and all claims, and is appealable. SIGNED and ENTERED this 12 day of June, 2006. The second letter we received was from the District Clerk notifying us of the entry of Summary Judgement. We received both the same day. We did try to settle after we received notice that they were entering a msj, but souldn't speak to any body from the law office here in my state. The calls were forwarded to New Jersey where were spoke to different people who always gave us different settlement amounts and knew nothing about what was going on with the case here in Texas. THey were not pleasant to talk to. We will take your advice about finding a lawyer to appeal this. This whole process is so confusing. One thing that I'm curious about is that the initial summons was filed in district court and we filed the answer in the same court, but the msj was filed in county court. Are the courts interchangeable? Should we have also filed in county as well as district? Thank you for all your help. I am learning more everyday and this board is the best info I've been able to find.
  3. I have read many posts on the subject of Calvary Portfolio and am with the understanding that first they are total skumbags, second reluctant to validate if at all, and third difficult to work with after validation. This probably doesn't set them too far apart from any of the other collectors. My concern is what is their track record of suing after receiving DV as opposed to not DVing. I understand my right to have my debt validated but I am worried about the catch 22. They claim to have purchased an account of mine and I am concerned about pushing them into a possible lawsuit. Should I consider the pro for DVing as collecting ammunition for any possible legal action. The SOL is up next spring and would just like to ride it out and not I "tease the dog" into doing something I may regret.
  4. Well bad news was received and desperate help is needed. The judge accepted the msj. I need to know options. Is it even beneficial to file a Motion to Vacate? I wouldn't even know where to begin in stating the reason the court should vacate it. I believe the fault is in my corner because I didn't a) send a copy of my answer to plaintiff, didn't fill out interrogatories or admissions. (thought they were what I was refering to in my answer). The lawyers in my area are either not familiar with consumer law or not interested in helping. (I checked when I received summons). ANY help would be great. I'm beginning to freak out. The last thing I can afford is a judgement right now. Why does it have to be so difficult for the average consumer to defend themselves against these ca's.
  5. After much stress and concern DH arrived at the hearing time to find out that his appearance wasn't needed. The judge was using that time to go over the paperwork and the plaintiff's paperwork to make a ruling. He talked to him for about 20 minutes, but didn't give a clue as to which way he will rule. He still needed to go over everything and we should get notice of ruling in a couple of days. I guess it's all in his hands. This is our first lawsuit and I hope the fact that we may have skipped something when filing our answer doesn't hurt us. (They sent us the summons, admissions, and interrogatories at the same time. A lawyer informed us that we needed to definately file an answer and deny all, he just didn't mention answering the admissions and interrog. We answered both in the form of our answer and only filed with court. Didn't realise that we were supposed to send copy to plaintiff. I don't know if this will help us, but he did let him explain our situation with the filing of this case. Until we find out we have both fingers crossed hoping for good news.
  6. I have denied all of the admissions. The two about property are confusing. I appears to me that they are contradicting each other. The first saying to admit that I DO NOT have property, and the other saying that I do have property and have made plaintiff aware of it. Would an adequite response be on the first "#19 Accepted-defendant does not have property....." because the property is homesteaded and exempt to judgement. And the second "#20 Denied-Defendant does not have property in Texas subject to execution sufficient to satisfy the debt, subject of this suit." Am I far off track? Also as far as production of documents, can I just answer "No determination has been made regarding trial exhibits. When that determination is made, this answer will be supplemented and document will be supplied."?
  7. I received discovery request and am in the process of answering. I have found tons of help looking through the board but have a couple of questions I'm having trouble answering. Any help would be appreciated. -as apart of interrogatories. 18. State Defendant’s driver’s license number, its state of issuance, Defendant’s social security number, and Defendant’s name as it appears on both. Should I give all that information? -as apart of admissions...19: Admit Defendant does not have property in Texas subject to execution sufficient to satisfy the debt, subject of this suit. I do have a home, but it is homesteaded. they also asked...20. Admit Defendant has made Plaintiff aware that Defendant has property in Texas subject to execution sufficient to satisfy the debt, subject of this suit. And lastly, under Production of Documents. I have statements etc., but I don't want to send all to the Plaintiff until they respond with my request I sent to them. I requested documents first and they replied that "If available, forthcoming, but be advised that it may take up to 120 days to obtain these documents." So can how can I let them know that I have statements etc.. without sending copies immediately. I would think that the burden of proof should be on them and that I shouldn't do their work. Thanks
  8. They are claiming I owe $3999.78. This is according to the last letter I got from them in Feb. Every correspondence before then the amount was always different, sometimes higher and sometimes lower. My records show that the amount could be closer to $2000. The account hits SOL I believe around Jan 2007.
  9. That helps alot. Thanks. No there was no trial set at this point.
  10. I sent Northland a DV letter 3 months ago and today received their verification. They are collecting for Cap 1. I received a letter requesting payment as well as photocopies of 3 months of statements. Dec 1999, Dec 2001, & Dec 2002. They look like cap 1 statements(I still have my originals for other months). They are not exact copies because of differences in fonts and they are in black and white. I'm assuming that they are legit and probably fall under the qualifications for validation. The only thing missing is itemization of the numbers that they are collecting for and any proof that they either purchased the account or are authorized to collect. Because of this, is the verification in complete? Should another letter follow? or should I ask for original copies from OC instead of photocopies.
  11. I did file a request before I knew about the first hearing. I didn't send a copy to the plaintiff because I thought it was too late with the hearing already scheduled. I think in tx code you have until 30 days before a trial date for discovery, so I thought I passed that point and decided to get past their request for summary judgement. Thanks.
  12. Monday is scheduled a hearing on behalf of the plaintiff's motion for summary judgement by submission. Long story short..I received a summons in Nov from Z&A and I answered it promptly. About 4 months later, I received notice that they were filing a motion for sum. judg. The court scheduled a hearing without informing me of the date which I objected to. They rescheduled the hearing and gave me plenty of notice to make an appearance. My questions are. What should I expect? Is this the same thing as the trial or is it just a technicality so I can witness the judge approving the summ. judg.? Do I need to bring any documentation with me? I never received any discovery from z&a, so all I have are my actual statements from the oc. Z&A attorney signed an afidavit that discovery was supplied, which it wasn't. Someone suggested that I should bring triple copies of everything I have in case the judge needs them. Sorry if I've touched this subject in another post. I'm just nervous and feel like I'm going to be walking into this blind. One more thing. The letter we received is titled "Notice of Setting". Is that the same as hearing or trial?
  13. One more thing. Would filing a motion to dismiss summary judgement still be an option?
  14. Sorry about the lack of info. Z&A are suing me for 4500 for a debt with Amer. Ex. I received summons in November and answered it promptly. I had not heard anything from court or Zwicker until April when I received a Request for Summary Judgement from the plaintiff in the mail. They also called me several times to settle. Last week after a followup call to the court I found that a hearing date was set for Summary Judgement as noted in first post. With the help of the clerk, She suggested that I write an objection to hearing which I did. Yesterday I received notice of a new hearing date in which the plaintiff and I can appear. I think it will only pertain to the Motion for Summary Judgement entered by Z&A. Finally my question...Is there any preparation I should do before this hearing. Is it the same as a trial or will it be merely a discussion with the Judge. I still haven't heard anything about discovery. I did file a motion to compel discovery, but this was right before I found out about this hearing and a copy wasn't sent to Z&A. Discovery Period in Texas is up until 30 days before trial date. More than likely they do have a case against me, but since this account has been with so many different operations, I'm just not sure of their claim. They have made some minor violations, but my proof would only be hearsay. Another option is to just settle with them before the hearing. They are calling again and I assume that is the reason. Any advise would be helpful.
  15. When a CA (waltman, weinman, & reis) calls and you do happen to answer the phone. Should you let them know that you sent a validation letter of should you just keep the contact brief, get their phone number etc. I sent them a DV letter last week and today an actual person called. It was for my husband so I just took a message. He was pretty forceful. Wanting me to call DH at work to get him to call the CA and he tried to get a cell phone number from me. Of coarse he told me that it was urgent and that there could be a suit pending. He asked if we got his letter and I really wanted to tell him that the DV letter was either there on it's way. I've read to just not talk to them, but if they get you on the phone, your stuck. Am I rambling? Collection attorney's freak me out a little more than the others.
  16. The case number doesn't have a small claims notation so it appears to fall under the civil section of the JOP. After reading the rules of the JOP, it also appears that they don't include discovery. I suppose I should either request documents directly from the plaintiff or better yet, have it moved to a higher court so discovery is included. Thanks for the eye opening advice...
  17. Thats what I thought. So any valadation would have to reflect their statements even though I never used the account, only made payments?
  18. Quick question. After conversation with Z&A last Friday I was informed of a court filing, and they were waiting on papers from the Court. Following this conversation I decided to research what the court actually had. The Court informed me, by phone, of a hearing scheduled for May 19th, this Friday. I was informed, by the Court, that I could object to the hearing or object to the Summary Judgment. I have searched for a "template" to these types of objections and found none. Any help would be appreciated. At what, if any point, would I have recieved notice of this hearing. Or it is it by pure luck, and research I found out about it? Should I have recieved any notification from the Court or Plaintiff? If not what, if any, are the violations or legal options? Edit; Sorry I did find some info to objection on board. Link to previous post. http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=43841
  19. Hope this is the right forum...I had a credit card with a department store (montgomery wards) in the early 90's. I think they went bankrupt and sold or transfered my then current account to Walmart which I never used. Now because of extreme circumstances the account is in collections. My question is Who is the original creditor?
  20. I just got what sounds like the same verification you originally received. I guess they are somewhat consistent.
  21. Sorry your right. Earlier I couldn't get that link to open. I'm currently working on a suit in district court so I thought the rules were similar. I did get the link to open and from what I read, I appears too late to just dismiss this case. But I can move it. One final question, just a hypothetical. I understand that I have the option to get it moved to a higher court, but if I didn't do that, wouldn't the justice just throw it out at trial because of it being in the improper court or is that just wishful thinking.
  22. I'm thinking that I labeled the papers incorrectly. I titled them as a Motion to Compel Discovery??? I will just have to write the lawyer directly and ask for verification. Another point. I've been reading about the Justice courts (thanks CreditChris) and if they are small claims, Couldn't I just get the Judge to throw out the case because of the fact that CA's can't sue in Small Claims in Texas. I looked up my local court information and it lists the duties of the Justice of the Peace Court as "Judge of the Justice Civil Court (Rules of Court) and Judge of the Small Claims Court (Simplified)", so I guess if it falls under Civil Court, they may not throw it out. Why do they have to make it all so confusing... Thanks..
  23. You may be right, I listed it in addition to the discovery request for documents. Maybe I titled the motion incorrectly. Maybe I should have labeled it motion for production of documents. I'm still learning. I thought interrogatories were additional questions to expand the discovery part of the motion.
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