dwalt2400

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About dwalt2400

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  1. Holy Cow Racecar.. that will surely cover all bases hehe. Especially the part since I have no idea who and what they are suing us for. And BV.. they did us predecessor in alot of the comments, I may have shortened it, I will have to look at it again in those discoveries you indicated. thanks. Cindy
  2. thanks racecar. I cant believe what they think passes as information in that crap! It was worse than my lawsuit ( this one is my boyfriends) They didnt even bother attaching stuff and yet claim they did. Liars and half assing stuff. Sheesh. Thanks so much for your help. I just didnt want to leave out any answers. I guess the privity answer isnt applicable until they prove more Right now it is just a bunch of their words. Hope you had a great holiday Cindy
  3. thanks. and the previous page of discovery questions? those are ok as I have listed? I was also going to put the bit about I leave the opportunity to amend my answers as needed if information presents itself.
  4. Request for disclosures ( continued) Pursuant to Rule 194, Plaint requests the following: ( NONE Of this really applies except the name I think) a correct names to lawsuit ( I will tell em the name right?) b. the name address of potential parties ........... none c/ legal theories and in general factual basis of the responding parties claims or defenses ( the responding party need not marshal all evidence that may be offered at trial) d. the amt and any method of calculating $ damage e the name address and phone of ppl having knowlede of relevant facts, brief statement of each iditenitfed connection to case ( kind of hard when I dont know what this is about) f For testifying experts ( list of rules/info needed documents addr etc) g.any indemnity and insuring agreements described in rule 19.3 (f) h. any settle agreements described in rule 192.3g i any witness statements described in in rule 192.3h j in a suit alleging physical or mental injury and damages from the occurences that is the subject of the all medical record and bills that are related to to the injuries or related to injuries or asserted or in lieu there of, an authorization permitting discolosure of medical records and bills. ( I dont think this applies) I really appreciate any help in how to answer, and what I need to poke them back with because they sure are sneaky rat basterds sneaking in some of this stuff. Like fake docs that arent there and no info on the "Account" WE HAVE denied or verified many of our debts for months. WITH Lex Credit program no less so We have records of it in two places. Lying, conniving sneaky lil so and sos. Lily livered baboons IMO. Thanks again CC
  5. Merry Christmas Yall. Thanks for your help with the other lawsuit.. it s progressing. this is our second one. I have a few questions on discovery so I dont look stupid. If yall can help I appreciate it. Its for Equable Ascent, F/K/A Hilco Recv. ( Anh Regent lawyer) Served 10/27 properly in person in Harris County but for wrong venue ( downtown when we live 25 miles away) 3200.00 amount, for some credit card, Unnamed in papers. It has an acct number in full but we have no idea what it is. DOesnt apply to any credit card I;ve seen ( starts with 7714XXXXXXX Being sued for Breach of contract and On Quantum Meruit Wants attny fees request for admissions. ( I have tried to scan in 4 times and been booted. sorry. ( Im going to paraphrase both query and answer) By number. ( my answer is below theirs) 1. Plaintiff ( or predecessor in interest) entered into a contract with defendant LACK OF PRIVITY 2.Based on Def. request, Plain or Pred, opened acct, Lack of Suff Knowledge to form an informed answer 3. Plaint. is owner of indebtedness of acct Lack of suff knowledge 4.Def entered in agree. to create chrge acct for credt Lack of suff knowledge 5.Plaint. offered extension of credit to def in exchange for def promise to repay Lack of suff knowledge 6. def has understood from time that the acct was opened that a loan was being made to def for the amoount requested. Lack of suff knowledge 7. def has understood from time that the acct was opened that def is required and olbigated to repay all charg and fee incurred on acct. Lack of suff knowledge 8.Def Purchased goods or services using the credit provided by plaint. in interest lack suff knowledge 9. def made payment on acct Lacks suff knowledge to make an informed answer 10. After acct was opened, def received monthly statements showing balance remaining on acct along with minimum Lacks suff know. ( have no clue what this card is) Has no name of bank or orignal) 11. Since acct was opened . def has not notified plaintiff of a dispute or error re info contained in mo statement. I lack suff knowledge to form an infromed answer 12/ Def. currently owes plain sum of 3200 You bought this debt yourself, harming self, cannot benefit I do not know anything about it Lack Privity ( WHICH SHOULD I USE?) 13. the attached statment accurately states the amount of money owes on acct ( nothing was attached) 14. Def has breached the contract with Plaint Lack of privity, Had no contract with Equable, never heard of you. 15 Def Breach damaged Plaint in amt of 3200 I have no contract with Equable. Thus no damage. This is a junk debt purchased by you knowingly, You damaged yourself. 16. Plaintif made demand upon Def prior to filing of this suit for payment on the account DENIED ever receiving 17. Def recieved a demand letter from plaint. or plain predecessor for payment on acct Lack suff knowledge to form informed answer, as I dont know who this is. 18. At no time prior to filing of suit did def or def rep request verification of this debt from the plaint or pred Lacks suff knowledge to make an informed answer 19.at no time prior to filing, did def or rep, dispute the debt owing on the Acct Lacks suff knowledge to make an informed answer 20. Def is not a member of Military service w/ assign or orders that would give the def a right to delay under the law Agreed, not in the military 21. Contractual interest rate of at least 18% per year was agreed to by Plain and Def Lacks suff knowledge to make an informed answer. 22.Def has no defense to this suit and judgement should be granted as prayed for Denied, Lacks Privity, I dont have agreement with this company, never heard from, agreed to anything with Equable, never had any card with them. Never agreed to pay anything with them. I lack enough info to agree or disagree ( OK THAT S TOO MUCH>> HELP ME WHITTLE THIS ONE) 23.at least 813. should be award to Plain as attny fees in suit. Denied, bought junk suit falsely against wrong person without proper information, harmed self. I m not paying. 24.The docs attached to petition are true and correct copies of the business records maintained by plaintiff. WE RECEIVED NOTHING> 25. by the terms of agreement , Plaint is entitled to charge Def late fees if monthly payments are late. Lacks suff knowledge 26 Collection of any fees charges or expense is expressly authorized by Def agreement w plain Lack of Privity, Lack of knowledge 27. Plaint has applied all and just lawful offsets to account. Lack suff knowledge. I see none. 28. If def requested verification of debt from plaintiff, plaintiff verified the debt prior to filing this lawsuit ( WHAT? They said I didnt verify this debt and then they say if I did do it, they verified) How can they do both? HOW DO I ANSWER THIS BULL HOCKEY?
  6. I received A letter from the Judge regarding the mediation that was sent out after our answers to the suit. Both parties had to agree to mediate ,(I did Plaintiff didnt.) So now the court will set a date after our discoveries are due Dec 7. I m really surprised the Attorney is going to drag this out and not go for mediation. On a happier note, Legal aide has taken my case and an attorney is taking over. They also will get me any damages, but will keep any awards for attorneys ( which I have no problem since they are free for low income folks.) I d prefer for them to nail the JDBs.
  7. The instructions the court sent for the basic answers was enough for my courts, the denial I mean. I used texas rockers plea to the jurisdiction as well on a separate page. And I included my page for insolvency and the fact I was on social security which makes my income garnish free. In fact in texas, our income is not available for garnishment. Although they can get our goodies supposedly ( like a lien against your lake house and your four runners and your bass boats ... as if you have all that when you are in debt!) You need to tell them they filed in the wrong jurisdiction. I dont know how that is worded. But apparently simple english is fine in texas courts. I went to the court house and asked how to word my answers and the clerks helped. The court will re route the suit to the right one ( or dismiss it and make plaintiff refile?) But it makes it harder on plaintiff, and easier on you/. I find it easier to file papers in person at my neighborhood court house. I get them stamped and then go mail copies to the Plaintiff. After I filed the answer, the judge sent out the mediation letter alm ost same day. My case info is at this thread if you want to read... ( it starts out goofy cus I didnt know what I was doing and gets a lil better.) You can PM me when you have 10 posts, so just go posting in here and there.. Ill be happy to share what I ve learned. I m going to legal aid in downtown so I might learn more info next week. and if you want you can go to my case when it happens to watch.. Dont mind. I m a wamu refugee. They have to prove that I had Wamu and then had chase and then it was sold to equable. My attornery suing showed nothing and wants Me to prove it. I was told by court to just write deny to anything I didnt have or agree with,. The LESS info the better to them was what the clerk said. Forgot the link. duh. http://www.creditinfocenter.com/forums/there-lawyer-house/316716-texas-answering-suit-debt-attorney-equable.html:?
  8. Which court are you being sued in? Is it the right venue? Im in Harris county as well. Alot of cases get filed in wrong venues here I found out. ( ie near where you live?) One of ours is in the wrong venue ..downtown and we are having them refile. Mine is in the right one.. JP court pct 4. After I answered the general denial, the Judge sends out a letter for mediation date ( both parties have to agree to mediation...or else it goes to court trial date, but that court date is months away.) I was told friday Mediation is not going to happen in October or even November in all likelihood. First I have to do answers to the court papers the Attny sent for Equable. and I have to do my discovery to them as well ( I was served on 9/25 so I m right ahead of you in scheduling) We have 50 days to get our answers in to the attnys, so you still have time to read and learn.
  9. Bwhaha I went in to file my mediation answer today and I got lost leaving where I had just entered 4 minutes before. LOL. (I told them I had problems. )It was a short left and a four step right to the office. I ended up in someones office looking for the exit. They had a a good giggle . I found out mediations will be behind schedule. ..at least 6 weeks to 8 weeks from now. Postponing is alright by the court as well. I guess that shores up the medical responses to the plaintiff as well, so if I am difficult to get into court, maybe they just dont want to mess with answering me. The clerk said dont reschedule my surgeries.
  10. am I reading this right? Does this mean that the friend becomes responsible for my debt/? I m sure I m wrong.
  11. thanks, Ill guess Ill have to ask the court. Attorneys hear pro bono and run. Edited to add ( I had to post because I got more news today and that made me think of this issue and couldnt find it in the threads that werent locked... ) Bruno, I had found that Friend of the court staute, didnt know when to submit that. Should I just put it in now? Legal aid is supposed to give me an answer if they are taking case next week. I have to give answer to mediation by tomorrow, so I m filing those papers at the clerks. I had noticed whilst answering the discovery, that I truly had no knowledge of some items... thats what made me ask about the dementia part. I wasnt incompetent back then.. but have grown that way over the last couple of years.
  12. having medical issues, I have to work around the timing of my case. Im concerned about missing suits deadlines. Filing mediation papers tomorrow. I think I am in early stages of suit. I have til Nov for filing o Disco/Interogs. I will be tested in two weeks for the surgery needs which they will schedule after Oct 17. But I have at least 2 weeks of recovery which means no driving to PO etc. I d prefer to not stress either. So can I do the surgeries or should I wait til I get the discoveries done? Or mediations done? Or should I plead to the court to postpone all this? Also, I know that the answer "I dont know" is not an acceptable answer in court. ever. But what if someone is on Alzheimers meds and has diagnosis of dementia? Truly cant remember I mean. Does that work against defendant?
  13. I think that is safest. Ive been searching threads ( alot are locked so Icant ask in them) I know we arent to say 'I cant remember" To the judge, but what if we have a true inability/medical condition that makes it where you cant remember? I know denial will cover me in the Discovery and Interrogs. and it will be truthful. Plus I dont want to open the door to anything that they can use. I do know my name LOL but beyond that I have lots of gaps. (but documentation and diagnosis of dementia and all) so I guess cant help in own defense. Therefore no meeting of the minds, how can I help in defense etc.
  14. Legal Aid said I was articulate today. Thats good, although It took me 30 minutes to drive around the block to find the entrance to the parking garage LOL She said to be simple in the denials to their Admisions and Productions. No long explanations. She also said they will study suit and will decide if taking suit. I m supposed to wait to file answers and then to ask for discovery. in Plain inenglish. I didnt feel like I got much help personally. I did learn that they can garnish anything over 2 x my social security in my bank acct ( as if I could save that much) so the trick is not to have savings over 2k.
  15. er, actually texas, my last review was decidely downhill from the original in 2000. I allegedly got a 5k balnce card with a 700.00 income from wamu. ( they are the ones who were crazy.) but the SSA has to review ppl periodically, and the reviews are deteriorating. ( dont feel as sick as the docs say though) the one I sent the attny was from 09. the letter from neuro is from 8/12. progression is apparent. Wonder if that does help suit.? I dont cash checks anymore . My family has to run my finances alot. I have to have people watch my groceries, drs visits, I forget to eat or bathe, cant drive/... my driving beause I cant find my way home sometimes, I cant speak at times, I forget words, spelling, stutter badly, faint often and so on ( those are new symptoms in last year) some days I m just fine. Others I wont leave house because of the shame of losing who I used to be. ( I m barely 48) But I started Alzheimers meds only 9months ago... so that of course is a prgressive disease. it would not have been showing in 08.