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Everything posted by texasrocker

  1. You haven't mentioned anything about the details of the case. What is the amount? What law firm is it? They actually showed up?
  2. 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)
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. If you were able to comprehend the OP's post you would have noticed they said, "I need to know how to answer a general denial for a Discover credit card case in Texas." Your trolling lunacy is seriously getting out of control. You obviously have no clue regarding Texas procedure so stop leading people astray with conjecture and assumptions.
  8. 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. You don't need to concern yourself with with any defenses at this time unless it is out of SOL. 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.
  9. Ignore this troll. He is blatantly misleading any poor unknowing soul who is searching for information and happens across this malarkey. He doesn't even know how to properly word the adage that he used for the title. It is, "Have you stopped beating your wife?" not, "When did you stop beating your wife?" If someone used any of this ideology as a defense they would promptly lose their case and be laughing stock of the court.
  10. Whenever someone asks me about arbitration I refer them to @fisthardcheese's material which contains everything they need to know:
  11. What has not changed is you mimicking your mentor, this time by putting words in my mouth. Not once did I say the plaintiff would dismiss the case. My exact words were, "There is a fairly good chance that she will never be heard from again after seeing the general denial has been filed" meaning their well known typical antics of just not showing up to any hearings or answering anything received from the defendant or the court.
  12. Sigh... the hibernating gnat that used to constantly buzz around in front of my face has awakened. http://www.arizonensis.org/sonoran/fieldguide/arthropoda/hippelates.html On what, pray tell, do you base your comment "Since that didn't happen, in this case I wouldn't hold out much hope."? There is absolutely nothing to indicate this plaintiff has moved one iota since filing this lawsuit. If they failed to jump on the chance of providing an ignorant pro se's request for something so damnable do you actually believe they will do anything else especially in a $1,100 case that has already changed hands four times?
  13. What do you mean by "purchase agreements from sales"? That is not a good thing to ask for because if they send you a stack of monthly statements that show purchases and/or payments made on the account then you are doomed. Is this in a JP court? If so did you ask for the court's approval to begin discovery?
  14. This is apparently the latest scammer trend. I actually received two similar voicemails Friday from unknown numbers that I did not answer. These seemed to know my name and nothing else, said if I didn't return their call that day they would be "serving you at your address with a citation for an offense" in a county I had never heard of, much less ever lived in. I googled the phone number they instructed me to call and it came up as Newport Beach, California. Not only do they not threaten lawsuits over the phone, a process server will never call before they show up to serve papers. I find it ironic that one who called me said his name was Michael Smith and the one who called this OP said he was Michael Thomas.
  15. So the court indeed began the process of dismissal for want of prosecution twice and both times gave them another chance to prolong it. It's hard to believe that this law firm got up off of their lazy butts and did anything at all after receiving your general denial, much less showed up for a hearing. In the vast majority of cases filed by them they are never heard of again after receiving notice that the defendant is actually not going to give in to their expectations of a default judgment. I don't see any reason that you cannot rest assured that this is now in the history books. I cannot imagine this having occupied one's mind for 3-1/2 years- what a relief! Also congratulations for defeating their MSJ. That was also my first major milestone in my first case back in 2012.
  16. I have never heard of that happening. The only thing that even comes close that I am aware of is Tex. Civ. Prac. & Rem. Code 16.064 which states that if the case was dismissed for having been filed in the wrong jurisdiction it can within 60 days be refiled in the proper one. It seems to me that after 3-1/2 years it should have been dismissed for want of prosecution anyway. To the OP- what do you mean by "judgement case"? What law firm is it and what is the history of the case, i.e. hearings, motions filed, rulings etc?
  17. Someone needs to put a leash on you. Did you read the rules (OP's state and court) before advising this person? I would like to get this verified with @fisthardcheese but one of the few things I know about arbitration is that in most jurisdictions once you have sent discovery it renders arbitration null and void. If you did indeed research this and it is proper for this OP then I apologize but given your recent antics in Texas threads and as many times as I have "overheard" on this board that one cannot file for arbitration after having started litigating a case I seriously doubt this is sound advice.
  18. You really are a piece of work- first you want Texans to believe that a Texas JP court is also known as a small claims court and to top that off since JP courts are the lowest court it automatically makes them a small claims court. If you would simply take heed of the applicable TRCP and the links that I provided in @Ktig's thread you could see for yourself before running amok with more conjecture and assumptions that will sooner than later lead someone astray. In Texas district courts are at about the middle in the hierarchy. JP and municipal courts are the bottom level, then County, then District, then Court of Appeals, and finally state Supreme Court and Court of Criminal Appeals equally share the top level. Stop obsessing over the small claims clause. As I told you earlier it is so rarely even brought up in court there is very little chance that it will even matter.
  19. That is my point exactly and the basis of my defense. No one can deny that the alleged account is governed by the card member agreement. Scrutinize every sentence in the agreement to form your defense. These agreements are not written specific to each or any state in particular; they are in general to all locations. I doubt that many other states, if any at all, have such wording in their rules giving you this opportunity. Who knows- perhaps whomever wrote the agreement may have construed it when small claims courts truly existed in Texas.
  20. Absolutely not! Never open up a can of worms that could ultimately turn the tables against you and help out the opposition. Nowhere in the TRCP does it state that JP courts are also known as small claims courts. It only says that small claims cases are now governed by Rules 500-507. JP courts and small claims courts co-existed before the changes were made in 2013. Once again, small claims courts were abolished. Small claims cases that were previously heard in small claims courts are now handled in JP courts. Anyone can design and publish a website containing anything on it that they so desire; that does not mean it is necessarily factual or that their opinions are derived from any official source. This is not the only dilemma that has risen from the "new rules" enacted in 2013. There have been major problems a few times with judges denying the defendant's right to begin discovery. Now if you are sued in a JP court you must first obtain the court's approval to begin discovery and a few arrogant judges have decided to refuse the request.
  21. There certainly is an argument needed if the plaintiff's attorney tries to convince the judge that it is a small claims court. That is what I meant when I said the person that keeps bringing it up didn't know how to argue their case. He/she apparently just sat there like a whipped pup. Of course there is an appeal process but pro se's don't have the skills or time to learn the process or the money to hire a good attorney.
  22. There is no such thing as a "debt court" in Texas. Small claims cases and debt claim cases are both governed by Rules 500-507 of Part V of the Rules of Civil Procedure. Either could be in the same court under the same judge on any given day. Wrong again. It is nowhere near 50-50. Look through the archives here and count how many times your "JudgeB" episode has occurred. As I said after your last fumble in @Ktigs' thread, nearly every time I tell someone that small claims courts were abolished in Texas there is one person here with obviously little skills in arguing a case who keeps repeatedly bringing up the fact that the judge in their case made such a ruling. The key word in the agreement that @Ktigs quoted is "court" It says Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. The wording in the TRCP is "Small Claims Case" A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000... Since small claims courts were abolished in 2013 it is therefore impossible to file any case in a small claims court as they no longer exist. If the card member agreement said something like Individual Claims filed as a small claims case are not subject to arbitration... then the opposing attorney may have a leg to stand on.
  23. That is not an acceptable explanation whatsoever. If you are unable to distinguish between a clickable link and the subject of a page then you have no business posting advice on this forum. I see there are two links in small font size and blue such as most links on web pages are: View the 2019 Texas Statutes | View Other Versions of the Texas Statutes The heading of the document In large bold font plainly says, "2005 Texas Government Code CHAPTER 28. SMALL CLAIMS COURTS" Perhaps you should refrain from hastily running to google to reply to inquiries that you are not qualified to answer and/or were specifically directed to someone else. I have been studying and discussing on this board the "new" Texas JP Court ruIes since 2012 when it first became known that they were being revised. If this OP had taken your advice which was actually posted while I was still typing my reply then at best they would have made a fool of themself before the court; at worst it could have resulted in being the reason for losing their case. What led you to google Texas 28.003 to begin with? I googled it only after seeing your completely irrelevant reply. My suggestion is confine yourself to only commenting in general discussions such as the ridiculous stolen watch thread last week. You fit right in there.
  24. Where are you seeing "2019"? That information is actually from 1985-2005: https://law.justia.com/codes/texas/2005/gv/002.00.000028.00.html Chapter 28 of the Texas Government Code was revoked in 2011 during the Supreme Court of Texas' restructuring of the JP court system: https://www.txcourts.gov/All_Archived_Documents/SupremeCourt/AdministrativeOrders/miscdocket/11/11918000.pdf It resulted in a new set of rules for JP courts in the Texas Rules of Civil Procedure. Small claims cases are now governed by Rules 500-507 of Part V of the TRCP: http://www.txcourts.gov/media/1452232/trcp-combined-effective-january-1-2021.pdf
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