texasrocker

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texasrocker last won the day on June 12

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About texasrocker

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    JDB Executioner

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    Texas

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  1. Yes that is my motion. You should ask the court how they prefer you to go about asking for approval. Some have said just go ahead and do it, others have asked what you want to send, and others have said you need to file the motion. You cannot do both discovery and arbitration and you cannot send discovery and then decide later to do arbitration instead. @fisthardcheese
  2. You always need to file a general denial immediately upon being sued to keep from getting a default judgment slapped on you. Next you need to decide if you want to fight it in court or use arbitration to get it dismissed. If you want to fight it then since it is in a JP court you need to get the court's approval to begin discovery. If you want to use arbitration then look through posts from @fisthardcheese to learn how to go about it.
  3. 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.
  4. No matter who the judge is there would be a very good chance of that if you weren't familiar with Simien and allowed your case to just creep along all the way to trial (where JDB's love to spring it as their ace-in-the-hole) but if countered early in discovery they cannot answer it because they know their robo-signer took absolutely no measures to determine if the OC's records could be reasonably relied upon. They just signed that day's stack of affidavits, punched their time card, and went home. What comments are you referring to? I don't remember ever making any such comment. A few years ago however a former long time member here was advocating that if one mentions the Texas Finance Code in a DV request then a JDB must provide a lot more information regarding debt validation than the FDCPA requires. I researched that and found no mention whatsoever in the Texas Finance Code regarding debt validation. Perhaps that is what you are mistaking it for.
  5. I have had plenty of discussions with the naysayers here regarding Simien. I don't worry about it too much because JDB's have a very hard time attesting that the second business reasonably relied on the accuracy of the first business's records. That one little word is the key to raising doubt and leaving them dumbfounded. I also wouldn't be too concerned about which corner of Texas one is in as any Texas precedent is considered fair game anywhere in the state plus an appeal is not likely.
  6. Pretty good judge. First time I have heard of such a scenario. He's probably sick and tired of them filing law suits without proof.
  7. That is exactly what you need to argue to make your case- A robo-signer has no idea what documents are included and has definitely not viewed any documents pertaining specifically to each of the lawsuits that were filed.
  8. Not to change the subject but please elaborate on "We won the MTC with help from the Attorney representing JDB." What exactly happened there?
  9. Case law for arbitration in Texas courtesy of @Brotherskeeper https://www.jw.com/wp-content/uploads/2018/02/Enforcing-and-Avoiding-Arbitration-Clauses-2018.pdf
  10. It is a motion asking for the court's approval to begin discovery. There is no such thing in Texas as a "motion for discovery." File this with the court in the same format as the petition you were served with the case and court information at the top. Send a copy via certified mail to the attorney's office that filed the lawsuit. 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 (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. CERTIFICATE OF SERVICE I hereby certify that I,__________________ sent a true and correct copy of my MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY to _____________________________________ on _______, 2019. Signed, ______________________ <Your name address and phone number>
  11. Ask the court clerk how they would prefer you to go about getting approval to begin discovery.
  12. What law firm filed this lawsuit? 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.
  13. There is no such thing as a motion for discovery. Do you mean a motion asking the JP court's approval to begin discovery? You need to choose between discovery or arbitration, you cannot do both.
  14. Yes, definitely ignore any calls or letters offering to settle. Send them a letter via certified mail stating that if you do not receive answers to your discovery within seven days then you intend to file a motion to compel the answers and the complete forward flow agreement showing chain of title of the alleged account.
  15. What state are you in? Each state differs in many ways as far as civil collection lawsuits are concerned. It is not so much the presentation of documents as it is the requests for admissions and interrogatories that they don't want to answer. In Texas there are a couple of precedents regarding the authentication and reliability of the OC's business records that JDB's will inevitably try to spring thinking they have a slam-dunk. If you counter them early in discovery then their affidavit signed by their own employee is null and void. Without the affidavit the OC's records are inadmissible as evidence. I will never recommend anyone in Texas to settle with a JDB unless maybe if it is in a JP court with the judge refusing to allow discovery and then only if the defendant is unable or unwilling to hire an attorney for an appeal.