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texasrocker

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Everything posted by texasrocker

  1. Not a good lawyer if he just negotiates a settlement instead of fighting the case. LMAO. Cite even one provable example where someone was incarcerated for not answering a JDB.
  2. You obviously did not read the questions and just gave a generic copy/pasted response to the OP. They should simply all be answered "Denied" except #11 depends on whether they included the pleading Breach of Contract in the original petition (most likely they did) and #14 "Admit".
  3. Court records search may be on your city or county government website. Also you can just wait until you are served. It should be within a couple of weeks. Definitely do not hire that attorney or any other "ambulance chasers" that are using court records to solicit business.
  4. This definitely should have been addressed in discovery. You could have made them put their foot in their mouth and admit that those affidavits and whomever signed them are a joke.
  5. Is what you are referring to as “thingy” one line from a redacted spreadsheet showing your name and account number? If so then the cite that @BV80 provided will not apply to you because the other required elements will have been met by the statements. Your only hope is to convince the court to make them produce the forward flow agreement which is usually referred to as an attachment to the generic bill of sale. It may help if you can provide a scan of the bill of sale or at least the exact wording of it in its entirety.
  6. The amount on your credit report has very little to do with how much you are being sued for. Each state has its own rules and procedures which differ drastically from other states'. Change your designated location from "United states" to the state in which you reside so you will get advice from people who are familiar with your state. In most states a MSJ can filed at any time. You cannot get a MSJ dismissed. You have to file a response to it and there will be a hearing scheduled where it will either be granted or denied. You are going to have a hell of a time with a stack of 12 statements showing that you used the account. Claiming "Failure to produce signed contract" is just going to make you laughing stock before the court. Don't start multiple threads.
  7. Whenever someone asks for my advice regarding arbitration I refer them to @fisthardcheese Search for posts by him and you will most likely find your answer.
  8. This seems to be happening a lot of late.
  9. 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.
  10. 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."
  11. 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.
  12. 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"?
  13. 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.
  14. I have never heard of the IRS enforcing the code. In general OC's will send one but JDB's rarely bother with it.
  15. 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.
  16. You haven't mentioned anything about the details of the case. What is the amount? What law firm is it? They actually showed up?
  17. 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)
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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.
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