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texasrocker last won the day on October 5

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About texasrocker

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  1. Exactly but I should have mentioned that a "promise to pay" while it is still in effect will not reset it.
  2. Only if said promise is in writing and signed by the defendant. TEXAS CIVIL PRACTICE AND REMEDIES CODE Sec. 16.065. ACKNOWLEDGMENT OF CLAIM. An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.
  3. Utilizing contractual arbitration as a means to defend your case and court ordered mediation are two completely different things. I understand how it it could be confusing because of the similarity of the terms. The purpose of court ordered mediation is to try to get the parties to settle disagreements without going through court. Contractual arbitration is a method of defending your case through a private arbitrator such as Jams. As I said there is no need to amend the answer but it is probably imperative that they attend the mediation meeting.
  4. Which attorney's office filed the lawsuit and what court is it in? If it is the attorneys who file the bulk of the lawsuits for PRA- Rausch, Sturm, Israel, Enerson & Hornik, they will produce absolutely nothing to prove ownership. If it is in a county court then you do not need the court's permission to begin discovery. Court ordered mediation is not arbitration and is most likely a strict requirement of the court so you need to attend it. It will consist of the plaintiff's attorneys trying to negotiate a settlement and you can just say that they need to prove up their case and have not yet done so. There is no need to amend your answer.
  5. The only reason it could be waived in Texas is if one has already participated in discovery.
  6. Service is out of their hands and in the court's after the lawsuit is filed. You should have a visit from a process server soon.
  7. I didn't realize you had not yet been served. Wait until you are served then file your answer. Ignore any letters or calls from the plaintiff.
  8. What is the Original Creditor and amount being sued for? You need to file an answer/general denial immediately and then decide how you want to handle it. I would say ignore any solicitations from "ambulance chaser" attorneys such as the one you received. 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 via certified mail to the attorney's office that filed the lawsuit.
  9. Such is erroneous information that will cause one to look like a fool before the court. There was a past long-time member here who advocated that at least on a weekly basis. I read the whole TFC and found that it did not mention debt validation even once,
  10. Yes,ignore any and all letters or calls from them. In general discovery ends 30 days before trial date.
  11. 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 (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>
  12. That could be a MSJ hearing. Did you receive anything from the plaintiff? What law firm filed the lawsuit?