Houed01

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About Houed01

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  1. There was discovery done.Since the attorney never gave me a proof of purchase,contract or bill statements when I got served the judge orders them to bring those in to court next time....but now they are filing MOTION OF CONTINUANCE. PLEASE HELP ME. A member here helped me with this and advised me to do the following for 2012 (when we first got sued): "Include a general denial in your answer but you must answer each item. Do not admit to any item pertaining to the account. The only things you should admit to are your name and address and/or one that says something about that you are not currently in the military. Caption the document exactly the same as the complaint that you were served with. The caption will include the name of the Texas court, names of the parties and the cause number. Title the document "Defendant's Original Answer". Under the title write a brief paragraph stating "Comes now the Defendant and files his/her Answer in the above-entitled matter and in support thereof states as follows: The Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of The Plaintiff's allegations. Create numbered paragraphs correlating to each allegation found in the complaint. For each paragraph state "Defendant denies the allegation found in paragraph one of Plaintiff's Complaint" and so on for each allegation. (for the one or two items that may ask to admit your name and/or address and to admit that you are not currently in the military just put "Admit." without quotation marks of course.) Finish the document by stating "Defendant prays that the Court deny The Plaintiff's Complaint and for all other relief just and proper in the premises". Add a certificate of service clause indicating that you have served a copy of the answer on the plaintiff. A certificate of service clause states "I hereby certify that a true and accurate copy of the foregoing Answer was served on _________(plaintiff's attorney) on this the ____ day of _____, 2012 by mailing a copy USPS certified mail to the following address:_____" Create a signature line and sign the document and print your name, address, and phone number. Since they did not attach anything to their original petition to "prove" that they own the debt file a Plea to the Jurisdiction at the same time you send your answer. You can title it "Defendant's Original Answer and Plea to the Jurisdiction" Again, caption the document in proper court format including the name of the Texas court, names of the parties and the cause number. Center the paragraph headings. Copy this word-for-word and file it at the same time you file your answer. Send a copy via certified mail to Dan Young. PLEA TO THE JURISDICTION Grounds for Dismissal for Lack of Standing This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead, Plaintiff alleges "defendant entered into a credit agreement with plaintiffs predecessor". See Plaintiff's Original Petition, paragraph 6.* The Defendant finds it preposterous that anyone could file this lawsuit with absolutely no knowledge of the name of the original creditor or account number and no evidence attached to indicate that the alleged account ever existed. There is no allegation or statement as to who was the seller, and there is no way from these pleading to determine if Plaintiff purchased the account from anyone in the chain of title, and no way to determine what rights, if any, the Plaintiff has to bring suit. A plaintiff who seeks to sue based on rights acquired by an assignment must plead and prove up the assignment. Ceraminc Tile Intern., Inc, v. Balusek, 137 S.W3d 722, 724 (Tex. App, – San Antonio 2004, no pet.); Delaney v. Davis, 81 S.W.3d 445, 448-49 (Tex. App, – Houston [14th district] 2002, no pet.). Plaintiff has not done either. If Plaintiff is the assignee and rightful owner of the debt, this should be very easy for Plaintiff to allege and prove, yet Plaintiff avoids and dodges the issue, when such issues cannot wait until trial. Without a pleading of an assignment and admissible evidence of the assignment, there is no subject matter jurisdiction and this case must be dismissed. Whether plaintiff has standing to bring this lawsuit is a threshold issue that should be resolved at the onset, and the instant plea to the jurisdiction is a proper means by which to address this threshold question. Legal Standards for a Plea to the Jurisdiction The purpose of a plea to the jurisdiction is to dismiss a cause of action without regard to whether the underlying claim has merit. Bland ISD v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). The plea challenges the court's power to adjudicate the subject matter of the controversy. Texas DOT v. Arzate, 159 S.W.3d 188, 190 (Tex.App. – El Paso 2004, no pet.), Axtell v. University of Texas, 69 S.W.3d 261, 263 (Tex.App. – Austin 2002, no pet.). Standing is a basic requirement of the judicial system and goes directly to the court's subject matter jurisdiction over a case. It may be raised at anytime and, unlike a challenge to a party's capacity to sue, cannot be waived or presumed. Nootsie Ltd. v. Williamson County Appraisal District, 925 S.W.2d 659, 661-662 (Tex. 1996), Continental Coffee Products v. Cazarez, 937 S.W.2d 444 n.2 (Tex, 1996). A plea to the jurisdiction is the proper way to challenge a party's lack of standing. Waco ISD v. Gibson, 22 S.W.3d 849, 850 (Tex. 2000). The plaintiff must come forward with sufficient evidence to demonstrate that there is at least an issue of fact as to the existence of jurisdiction. Texas Department of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 227-228 (Tex. 2004). The court should grant defendant's plea to the jurisdiction because on the face of the petition, it is clear that the plaintiff is not the original creditor, which therefore puts standing at issue and it is certain that this Plaintiff will not come forward with admissible evidence of standing to bring the lawsuit.
  2. I sorry its been so long that I don't know what is discovery...im sure they did..but ill have to check my old papers again. I got some help here to file I was advised to deny their allegation and I did it in writing and sent a copy to the JDB attorney and the court. The evidence were CC statements that were given to me at the court, told the judge that I never received in the mail any proof of the CC ...JDB attorney had them in hand and the judge made a copy of them and handed them to me. They were only CC statements and nothing else. Here is the first one I posted in 2012. http://www.creditinfocenter.com/community/topic/316971-please-help-being-sued-by-equable-ascent-financial/
  3. Hey guys! First of all I want to THANK YOU all for the help you all provide. I am in Texas and this JDB is taking my moher to court AGAIN (I AM TRYING TO HELP HER). I've been here before and had some help a little over a year ago. While in court last year, the attorney of this JDB (JENKINS,WAGON & YOUMG, P.C.) didn't know much about the case, all he had was some CHASE cc statements. I asked to show me the ORIGINAL contract and he said he didn't have it but he could get it, he also said "these CC statements prove that my mother owed them that money and that the judge would take it as proof that she owed that money and has to pay it". I told the judge that I had NOT seen the CC statements nor the contract. Judge just postponed the court date. On Jan 14, 2014 my mother get a letter from this attorneys taking her back to court, then on Jan 22, 2014 they send another letter to mother. The letter reads as follow : MOTION FOR CONTINUANCE----THIS MATTER IS SET FOR TRIAL ON JANUARY 28, 2014. PLAINTIFF IS NOT READY TO PROCEED TO TRIAL ON THE SCHEDULED DATE. PLAINTIFF REQUESTS A 60 DAY CONTINUANCE. I called the court today and they said that they haven't received anything from them and that court is still set for tomorrow. I KNOW IS A SHORT NOTICE GUYS BUT I REALLY NEED YOUR HELP....DON'T KNOW WHAT TO DO. PLEASE HELP ME HELP 1. Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Dang G. Young 3. How much are you being sued for? $2,893.48 4. Who is the original creditor? (if not the Plaintiff) Not sure 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Guy came several times until he handed the papers to me in person 7. Was the service legal as required by your state? I assume it was... 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Yes, I found out trough attorneys advertising to help me because I was being sued. 9. What state and county do you live in? TEXAS, HARRIS COUNTY 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) UNKNOWN 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I believe it is (suit served) not really sure I tried looking it up online but had no luck 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It states "Monday next after the expiration of (10) days after the date of service of this citation" was served 9/29/12. Called the county clerk and she said I have until the October 15 to file a response 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING Ed
  4. Sorry to bother again TEXASROCKER but I have one more question before I send my paperwork out. Are these the two questions that I am suppose to admitt too : "3. Defendant may be served at XXXXXXXXXXXXX (my address goes here) 4. Venue of this action is proper in the county named above because XXXXXXXXX is an individual believed to be residing in said county at the time of commencement of suit"
  5. Ok, Thanks a MILLION!! One more question.... At the beginning of "Plantiffs original petition" states this: "Plantiff, EQUABLE ASCENT FINANCIAL, LLC complains of defendant, xxxxxx, and would respectfully show the following: DISCOVERY 1. Plantiff intends that discovery be conducted under Discovery Level 1 SERVICE 2. Plantiff is EQUABLE ASCENT FINANCIAL, LLC, whose business address xxxxxxx. Plantiff may be contacted trough it's undersigned attorney of record. 3. Defendant may be served at xxxxxxxxx" What should I answer for the first 2 paragraphs?
  6. I've read it carefully and nowhere does it mention "account stated" just "contract". I need to check my credit report..... The problem is that is that I have 3 credit cards that I stopped paying when the economy collapsed. So it's hard to tell which one is it. I appreciate your prompt response and help. Thanks
  7. @dewalt2400 - Yeah I am assigned to precinct 7 and they have me going to precinct 1 court
  8. @linda7 - I'm most likely sure is WASHINGTON MUTUAL. Last time I made payment was like 1 1/2 almost 2 yrs
  9. @texasrocker - No it states in FACTS: "defendant entered into a credit agreement (the "Contract") with plaintiffs predecessor(s) ("the Issuer").
  10. Hello guys I've desperately been looking for some help and ran across this wonderfull forum. I'm being sued by a JDB And plan on fighting back, the stories I've read here have given me courage to do it on my own (well with YOUR HELP) and not hire a attorney. They did not supply any account number nor the bank the I owe money ( I honestly am not aware of what bank it might be) it just states "credit agreement (the contract) (the issuer)" ANY HELP WILL BE GREATLLY APRICIATED.....Thanks in advance. 1. Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Dang G. Young 3. How much are you being sued for? $2,893.48 4. Who is the original creditor? (if not the Plaintiff) Not sure 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Guy came several times until he handed the papers to me in person 7. Was the service legal as required by your state? I assume it was... 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Yes, I found out trough attorneys advertising to help me because I was being sued. 9. What state and county do you live in? TEXAS, HARRIS COUNTY 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) UNKNOWN 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I believe it is (suit served) not really sure I tried looking it up online but had no luck 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It states "Monday next after the expiration of (10) days after the date of service of this citation" was served 9/29/12. Called the county clerk and she said I have until the October 15 to file a response 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING