texasrocker

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texasrocker last won the day on January 13

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About texasrocker

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  1. texasrocker

    Being Sued in Texas by Portfolio Recovery

    OK. You constantly create false information just by the way you put words in my mouth or take out of context what I say then systematically devise your reply to alter it. I have been pointing this out for the last two years and you have not shown one ounce of gratitude or even refrained from continuing to do it so the blatantly false claim that you would be grateful exposes none other than you as the actual liar here. See- you just did it again. You just can't resist can you? You are so blind. I was acknowledging it as the basis of my belief of why you are impossible to reason with. If you were as clever as you wish you were then you would have taken it as a compliment.
  2. texasrocker

    Being Sued in Texas by Portfolio Recovery

    "broadcasting that you don't know what you're doing" "ramblings from an internet message board" "there are parts of that answer that are flat-out false" are much closer than remotely close. The only problem is your inability and /or refusal to recognize satire. I am by no means your brother. Why does this not surprise me... fully explains why it is impossible to reason with you.
  3. texasrocker

    Being Sued in Texas by Portfolio Recovery

    If you had bothered to even skim through the whole thread you would have noticed that it originated 4-1/2 years ago, back when we all gladly combined our individual resources and areas of expertise to help (except of course Pessimist in Chief Harry* who as usual inflated the number of Texans who had lost) someone who has in fact been long gone for years now so he is not "lost in the process." It sure is peculiar that y'all naysayers never criticized the original answer I provided at that time but now it is the worst thing ever and part of your dreamed up "evil agenda" accusation against me that you still have not defined. Therefore that agenda only exists in your own warped, delusional and hypocritical mind. * Oh, snap! Did I just call him a name again?
  4. texasrocker

    Being Sued in Texas by Portfolio Recovery

    How interesting. Thank you sir! Even the loyal sidekick has turned against his mentor!
  5. texasrocker

    Being Sued in Texas by Portfolio Recovery

    Well, criminy! Certainly I am not to blame that if your name were an acronym then that would be what the first two letters could or would stand for. It must be a lonely and miserable existence to live your life perpetually devoid of a sense of humor. True but you have claimed on numerous occasions that you never intentionally take those individual parts out of context for the sole purpose of completely spinning around what I said and then tried to pass it off that you initially must have misunderstood it. Just in case you ever need to remind yourself of the same then also bookmark the thread from a month or two ago regarding the lobster dinner I could buy if I had a dollar for every time you have practiced your craftiness and the one before that where I pointed out how pathetic is is that you need to resort to such measures in order to win a debate.
  6. texasrocker

    Being Sued in Texas by Portfolio Recovery

    Takes one to know one I suppose. Another classic example of you quoting and replying to a minuscule portion of what I said to completely change the substance of it after repeatedly claiming that you have never done that and no matter how it appears it was merely a mistake or a misunderstanding on your part. It is quite amusing every time you also watch in horror whenever someone wins in Texas. Then it sure is peculiar that you have never advised anyone to not copy/paste anything from this board that may be useful during the arbitration process. Now you have. That was in fact prepared by one of the winningest JDB defense attorneys in Texas. Sorry, I'm not biting. I will no longer be participating in beating the same dead horse that you have insisted on beating for the last two years so you may have to consider relocating your trolling expedition. Hmm, who'da thunk an equine thread now... What a concept!
  7. texasrocker

    Being Sued in Texas by Portfolio Recovery

    Better to hear from the horse's mouth rather than the other end of the horse, don't you think? Whether you use it or not it will have very little or no bearing on the outcome of your case. Even if on the very rare occasion that the judge granted the plea to the jurisdiction and/or the special exceptions then all the plaintiff would have to do is revise their pleadings and refile the lawsuit. Out of all the times it has been used over the years I have seen only one response from a JDB attorney and they ended up dropping the lawsuit later in lieu of answering discovery. In no way does it reveal how you plan on defending your case. The elements put forth there will likely not be mentioned again throughout the entire duration. The main purpose is to show the JDB attorney that you have "done your homework" and they are not going to just have an ignorant run-of-the-mill pro se to railroad with legal jargon and also to take up their time which is something they despise. As usual Harry would like to lead any newcomers to believe that a great number of defendants on this board have experienced losses to JDB's in Texas, "We've seen several TX cases end badly at trial," but the stark reality is while three people lost in rapid succession two years ago in JP courts where discovery was not allowed there has not been even a single follow-up report of anyone losing before or since then. Edit: To answer your original inquiry it would not be the least bit sensible to have a jury trial in a debt collection case.
  8. texasrocker

    HELP! Being Sued by Midland Credit

    It is not required but that does not mean they should not do it. It could bolster an appeal if the need arises .
  9. texasrocker

    HELP! Being Sued by Midland Credit

    For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he <or she> is justly entitled to. <Your name, address and phone number> File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.
  10. texasrocker

    Portfolio Recovery Associates : Dismissed Without Prejudice

    Excellent. It sure is peculiar how the naysayers are as far away as they can get every time someone wins in court but when you say you want to fight a JDB in court all you hear is, "Those outdated tricks don't work anymore" "These days they demand all the documentation they need from the OC and all states have adapted to the 'adoptive records doctrine' "or "You can no longer win if arbitration isn't an option and everyone in the courtroom knows you owe the money so you should just work out a settlement."
  11. This OP did not ask about arbitration but still there is nothing wrong with your giving them that advice for any reason. What is wrong is that for the last two years you have slammed me for giving the same advice and blatantly dictating in your loudmouth bullying fashion that if anyone follows through with it then they are being led straight to judgment. The only difference between you and me giving the advice is the person giving it. How is it that if I give that advice it is bad advice and will lead them straight to judgment but if you give it then that possibility is not even in your vocabulary? You cannot help this person any further simply because you do not know how to do it. What might my so-called "agenda" be in your feeble mind? Whose reading comprehension is "as bad as cheese" (whatever that means) when you can't even distinguish the difference between a thread being hijacked and this OP specifically asking me for my assistance? My "antics" have led Texans to victory over losses at a ratio of at least 10 to 1 for just short of seven years now as opposed to your big fat zero. You obviously never had me on ignore to begin with or you could not have even seen the post in order to take me off of ignore to reply. This is just your cheap shot way of having an excuse to not answer anything that I have presented here just as always when you know you are in the wrong you run away and hide somewhere.
  12. Typical clydesmom hypocrisy. Again recommends that someone should use discovery to defend themself in court after repeatedly proclaiming that if I recommend the same to Texans then it is "bad advice" that will lead them "straight to judgment" and to boot abandons them upon asking a fully legitimate question after denouncing me for leaving someone hanging who refused to follow my instructions. What county are you in and which law firm filed the suit? Ask the court clerk how they prefer you to go about requesting approval to begin discovery. Some will just say to go ahead and proceed. Here is my motion if that is what they need. I will PM you the discovery in case they ask to see it during the approval process. MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY Comes now, Defendant ______________ and files his (or her) Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9 Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit. Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop his (or her) defense and to minimize taking up the Court's valuable time. PRAYER Defendant prays that the honorable Court grant his (or her) Motion For Permission To Conduct Discovery and grant Defendant any other relief that he (or she) is entitled to.
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  14. You cannot be waiting around to file your answer. You need to file a general denial as soon as possible upon being served. There is no point in requesting debt validation after the lawsuit has been filed and actually very little point in it at all. There is no such thing as a motion for discovery and you cannot participate in discovery if you wish to use arbitration. I am not "TX rocker" @fisthardcheese