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Everything posted by txsquirrel

  1. Let me start off by stating that I am in Texas. I am being sued by a W&A. I received summons in February and filed answer within the alloted amount of time. I'm new to this so I just discovered that I needed to file discovery etc... With what I thought was sufficient research through this site and through the web, I composed a motion to compel discovery and interrogatories. Earlier this week I filed this with the court but have not yet mailed copy to w&a. Today I received a letter from the Judge stating that "filing discovery requests with the court is prohibited under the Texas Rules of Civil Procedure. The rules do not provide for filing of a Certificate of Written Discovery..." She enclosed the forms that I filed. Of coarse I am confused. What is a Certificate of Written Discovery? I've read so much on Texas Civil Code that my brain is mush. What is my next step. Do I go ahead and send this to w&a without filing with court? Or do I change it up and try again? On a side note, They filed with the Justice of the Peace. I know that in Texas CA can't sue in small claims court. I haven't yet discovered if this is what they have done. But that another issue. Hope this makes since...5 yr. old is jabbering in one ear while typing. Any advise would be helpful.
  2. The same thing happened to me recently. I DV'd Northland and almost exactly 30 days later I received a phonecall and letter from Wellman... I am sending them a Dv letter tomorrow.
  3. I recently settled with them after they filed a suit against me. It was before I researched and found this site and I probably paid them more than I should. Live and Learn..... I did get them to settle for half of what They were suing me for and they didn't seem too difficult working with me as far as CA's go. Their office was out of Dallas.
  4. I checked with the court and the Summary Judgement has not been filed. Since then, Zwicker has contacted me to give me a chance to settle or pay before the summary in filed. I think that it is their way of threatening me. I have a couple of questions. I still haven't received any validation or discovery on this account though I did request it in my answer. I assuming that I should actually file discovery with the court separate from my answer. Should I also send a letter requesting validation to the guy that is calling me(there have been 3 different very insulting hard core collectors) in New Jersey, or should I send something to the lawyer here in Texas. I am preparing to file a motion to dismiss summary judgement it need be, but the guys calling are putting on the pressure and threats and I don't want to lose the opportunity to settle this and stay out of court. (may sound wimpy, but meeting before a judge scares me.)
  5. Yeah, I wasn't thinking about suing over something this trivial, just keeping informned in case it comes in handy later. Lucklily I've kept everything pertaining to this account and a DV letter is on it's way. Its more annoying than anything else.
  6. My husband has a collector calling almost daily to talk to him. The same guy calls every morning and I always tell him that my husband will be in after 3pm and to talk to him then. But of coarse they don't call him then. I was reading the FDCPA section and noticed that it said "a debt collector may not communicate with a consumer in connection with the collection of any debt --- at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer." Are they just calling so many people that they can't keep them straight , or are they just trying to get to him through me? Isn't this some sort of violation of the law? Thanks
  7. One more thing. I just noticed that the original petition was filed in district court and the Motion for summary judgement was filed through county court. Is this typical? I would think they would file in the same court. Just an observation....
  8. In a nutshell...My answer denied the accusations in the original petition, did not acknowledge any reception of any written notice, asked for discovery concerning the agreement and sums, and showed a wish to pursue further negation with the issuer of the account. I do have a copy of the answer with the court's stamp and date on it. As of yet I am not aware of any pretrial or conference hearing on this suit. Should I consider that my request for discovery in my answer as enough of a request or should I make out a more in depth request. I will get more answers from the court on Monday. I just want to cover my options before it gets too late. Thanks for your opinions.
  9. HI all. I am very new to this so here goes.....On November 4th I was served with a petition to sue in my local court. I think county. I answered the lawsuit in the allowed amount of time and filed it with the court. Here is some of the information that may answer any questions. 1. Who is suing you?.............Zwicker and Assoc. 2. For how much?................4348.00 3. Who is the original creditor?...........American Express 4. How do you know you are being sued?..........Served 5. How were you served? Were you served?..........Constable 6. What was your correspondence (if any) with the people suing you before you think you were being sued? ................ Last letter received in Feb 2005 as well as rude and unprofessional phone calls. 7. Where do you live?........Texas 8. When is the last time you paid on this account?.........I think summer 2002. I had a couple of accounts and don't know which one this is. 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). ........... Have no information on this. just received a summary of judgement from Z&A. No website, and they won't answer over phone. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?).......... no 11. Did you request debt validation before the suit was filed? Only vocally.........Only recently found this forum and info on DV letters. 12. Did you receive an interrogatory (questionnaire) regarding the lawsuit?.............. I don't think so. Yesterday I received a Plaintiffs Motion for Summary Judgement, claiming that I basically ignored summons and thus accepted debt. Though I did file with the court. I was not aware that I needed to send a copy to the CA. Did that hurt me? I just want to get to a point of finding out what debt this is of mine and possible settling to pay them off. Because I didn't send this answer to them, am I out of luck of all options? Hope I did this right. Any help will be appreciated.
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