texasrocker

It would never hold up in court. By acceptance and use of the card you are binding yourself to their card agreement which lays out the terms and conditions. The whole amount becomes due usually after three consecutive payments are missed.

I apologize for calling you gullible if you were indeed following a court order. What I understood from your post was the JDB attorney advised you to call them and sure enough when you did so they tried to talk you into settling with no intention of discussing anything regarding a "discovery plan."

Sounds to me like he needs to hire a good attorney.

Discovery is typically performed out of court anyway but as I said unless your state's rules require it there is not any meet and confer involved. Obviously if you receive a list of discovery items sent via certified mail that they want the defendant to answer it must be answered. I was referring to the "spam" type of letters JDB's typically bombard with threats and offers to settle etc. These should go straight to the proverbial circular file. This OP screwed up royally by allowing eight months to transpire sitting and waiting for the other party to make the next move. He/she could have gained the upper hand by sending the JDB discovery on 08/28/2020. Of course the next move of a halfway decent attorney is going to be a MSJ sprung before they get slammed with want of prosecution.

to work out a discovery plan Unless there is a rule specific to Minnesota the only time written communication is needed would be a "meet and confer" letter strategically sent in the discovery process to show the court in a motion to compel answers to discovery that you have exhausted every option and they still have not answered discovery. The summary judgment procedure is handled in the court with the defendant now filing a response to the MSJ and then a hearing. Unless it is specified in the rules I would never advise to answer any of their letters especially to someone as gullible as this OP was to fall for "to work out a discovery plan." What is "Ummmm"?

Never call a JDB (or their attorney's office) for any reason and do not answer your phone if they call you. Also ignore any letters from them.

I have never heard of the IRS enforcing the code. In general OC's will send one but JDB's rarely bother with it.

You don't have to amend your answer to file the motion.

They cannot "levy your bank account" without being granted a judgment by the court. Answer the lawsuit with a general denial. This is the wimpiest and laziest law firm in Texas and they don't like to do anything beyond collecting default judgments from the 95% of defendants who do not respond at all.

You haven't mentioned anything about the details of the case. What is the amount? What law firm is it? They actually showed up?

Yes simply put, Small claims courts were abolished in Texas in 2013 so it is therefore impossible for any case to be filed in a small claims court in Texas since they no longer exist. You can find where I explained how to defend it last month here- https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/page/10/#comments (scroll way down; my comments are closer to the bottom of the page)

No I did not read the book. There was no need to after reading the summary page that you posted because I could tell that I already know everything that is covered in the book. It sure is peculiar that the only mention of affirmative defenses was SOL which I did bring up in my reply to the OP. The pdf file lists defenses which are irrelevant to modern-day JDB collection cases and the blog link you posted even more so. Using these will only show the plaintiff and the court that you copied and pasted them off of the internet and you are an easy target. There are too many to list here. Research my posts on this forum from the past nine years. Thanks for showing us that you also have no clue as to how to conduct discovery! If you don't initially claim any defenses it will be EASY to spring everything on them throughout the discovery process.

For the third time now you are referring to California procedure and your own conjecture and assumptions. There is no need to file an amended answer to add affirmative defenses in Texas or any fee to file an amended answer for any reason.

No but Im are you seriously suggesting that you scroll up and review what I said about your inability to comprehend what you read and your blatant unawareness of Texas procedure.

Again you are referring to California documents. If you were knowledgeable of even the very basics of defending a lawsuit then you would know that only material from the state in which it was filed is valid, relevant, and admissible.