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Found 87 results

  1. Hello Everyone, I had/have a court date set for January 6th (being sued by Midland Funding / purchased from Dell for $2340) and I received a letter in the mail on Friday (postdated Dec. 26th) from Midland saying they are requesting a Motion for Continuance. From what i've read, this will be granted to them since it's their first request, so there is nothing I can do to fight it. My concerns are these: in the actual Motion sent to the judge, they wrote: III. Certificate of Conference On December 22, 2014 Plaintiff sought Defendant's position on its motion for continuance. Plaintiff called Defendant regarding continuance. No one answered and the phone provided no option to leave a message for Defendant. I checked my phone logs for that day and I only received calls from my Mom and Dad AND my phone DOES take voicemails! Even my phone at work didn't show anything weird (but I don't believe they have my work number). I guess my questions are: 1) Should I still show up at court on the original day that was scheduled? It's only a week away 2) Can I try to fight the Motion for Continuance? As stated before, I believe from what i've read this will be granted so it's not worth it to fight 3) Should I bring it to the court's attention that they have provided false information? I can show my phone logs that they never tried to contact me. Thank you for any help or information you can provide!
  2. Hi all, I have DV'ed all of my very old debt with the CRAs online only to just find that there are laws in Texas that may provide me additional remedies under the law to get this stuff removed (I've only lived here for about a year and a half). After 30 days, some of the debt came off but the big ones did not (think Midland, LVNV, NCS). I called the CRAs to see what evidence was presented and found that they basically just took their word for it. What steps should I take next after already disputing these items with the CRAs? Are there any additional remedies under Texas law? Any help would be appreciated!
  3. I have a question about breaking a lease for medical reasons. I went to visit my daughter and while there i had a medical issue. As a result i couldnt go back to Texas, where my apartment was. Im currently in Tennessee. I didnt know i was in collections until i looked st my credit report. I got no notification at all from anyone. What can i do about this collection? Ive never had this issue before. Never had credit problems like this. Thanks for any guidance
  4. I have been served with a Petition for a suit by Midland Funding and I am reading through these posts for help with my answer, but it seems that the "Plaintiff's Original Petition" that I was served does not appear to look like the ones I am finding on this forum. ( I know this is the same line as in another post but it applies to me as well.) I have been served a Citation from Midland which requires a response by today. I have been doing research but just found this forum around 10 PM last night. From the Citation it appears to be a petition to get me to court for Discovery and has very little of the accusations shown in other forum question documents. The documents do not include the last four numbers of either my SSN or Texas DL. There are no affidavits or bills of sales attached either. I have to drop off a reply by 4:30 today. It won't take long to write up but I'm asking if I should respond line by line as suggested in other posts and should I include the PLEA TO THE JURISDICTION as suggested by texasrocker in post http://www.creditinf...y/#entry1303627 Item # 7? Here is the link to the documents for viewing. http://www.mahahual-...om/CITATION.pdf
  5. I disputed with the big 3. All had the same 4 neg TLs. TU is clean, EX & EQ deleted and keep the same two TLs. The four TLs were related. I had a retail credit card (Lane Bryant). In 12/07 the card number was stolen, charged up online and the fraud was reported. I closed the account after fraud investigation was completed and fraudulent amounts removed. 6 years later I pulled reports to find 4 neg TLs concerning this account. OC reports "Transfer/Sold, Purchased by another Lender, etc" Comenity Banks reports two TLs, with two different account numbers as "Purchased by another lender" and next TL as "Purchased by another Lender, Transferred to another office". JDB - "Placed for Collection" EQ and EX both removed the JDB and one of the Comenity TLs (same one). Should I do another round of disputes or send letters to the OC? When the fraud happened on my account the card was in the process of being sold to a bank. LB use to handle the cards themselves but now Comenity does. They still do. If I send letters to the OC, do I send to both? Technically wouldn't they both be considered the OC? Being Texas resident do I get use TFC-392 or is that for CAs only? One other interesting thing I noticed is on TUs report it said these were due to be removed 9/13. EX and EQ don't give any removal dates but all 3 showed the last payment date as 12/07. Wouldn't mean the removal date would be 12/14? Thought that was odd.
  6. I posted here a while back about some issues I had with HSBC/Capital One/United Recover Systems... Now, I'm back with more questions. My wife and I had a retail account with HSBC. We were receiving our bills through my email. The last bill I received was in September of 2012. Around that same time, we had moved (across town) and we were also dealing with the death of my mother-in-law. While I should have known better, the email was the reminder to pay the bill. I don't know if we stopped receiving emails because of the Capital One acquisition, or what, but the last payment was made after the last email came in... Fast forward to a couple months ago, we received a letter from URS stating our Capital One account was in collections. Not knowing about the acquisition at the time, we weren't sure what account they were referencing. I called the number in the letter and they said that they did not own the debt, but were acting on behalf of Capital One, who had acquired via HSBC. They said they could settle everything up with a one-time lump-sum payment. I arranged a n electronic payment, but something didn't feel right. I came on here, read about how you should never give a CA your banking info, and cancelled my account and opened a new checking account the next day, in effect cancelling the payment. The day after, I wrote a debt validation letter to URS asking them to validate the debt. Sent the letter via certified mail, with return receipt. I received the return receipt a few days later, and it's been nearly 45 days, and there's been no response from URS. We've spent the last few weeks dealing with the death of my father-in-law. And, now I'm back on trying to get things worked out. I guess I should state my goal. In a year or so, we'd like to buy a house. In order to do so, we're going to need all the help we can getting our credit score as high as we can. Our other big issue (financially) is that we own a house in another state (we moved to TX about 5 years ago) that is underwater, but we are able to rent it out. Hence, we're going to need as high of a credit score as we can to qualify for a house here. Also, money is tight right now (we're treating our dog for cancer). Things will be better in a few months. The last three days, I've been calling HSBC and Capital One trying to figure out if we can pay off through the original creditor. HSBC said they had no record of the account, and said to call Cap One. Cap One said the same, and to call HSBC. After three days of run around, I finally got through to a Cap One rep who said that they did acquire the account from HSBC, and they have since charged off the account, and sold the debt to URS. So, now what? Given my goal of getting our credit score as high as possible, what is the recommended course of action here? I will also say that the account balance was approx. $1200 at the time of the last bill we received. From what I understand, without a validation of debt, URS must pull any negative info off my/our credit reports. But, what happens if six months from now they finally get around to digging up the paperwork. Can they then put the info back on my/our report? I realize I need to pull our report to see what exactly is on there, but for now, let's assume the Cap One account is listed as "charge off" and the URS account is listed as "in collections" (or whatever). Should I settle with URS? If I do settle with URS, is there any chance that I can get them to contact Cap One and have the credit reporting changed to something more favorable as a condition of payment (such as "closed at customers request" or maybe "settled" or something along those lines)? I realize if I do anything, it should all be in writing. It also seems as though, this will probably never happen when dealing with a CA. Is there any chance URS is going to take us to court over a $1200 balance (that they probably only paid a couple hundred for)? Not really sure what to do. I've read "don't ever pay a junk collection agency" and I thought URS was listed on a Junk CA list. Just looking for advice on what you'd do in a situation like this?
  7. Hello, first let me say I have found a lot of good information on this site. I am being sued by Midland LLC in Texas. I have read a lot of information about Midland in different law suits ans well as the law suit filed by AG Greg Abbott against Midland. My question goes to the stated facts of my case. In the law suit the lawyers filing against me stated in the facts "The Defendant opened an account with Chase Bank USA, N.A." That is not a true statement. My account was not opened with Chase is was sold to chase. Now maybe I am splitting hairs, but somewhere I read, and I don't recall where, that a lawyer filing a suit in Texas upon signing the complaint is swearing to first hand knowledge of the facts of the case. Using a form I found on this site I sent a modified version of a DV. Request #7 was "You claim that Defendant breached a contract. Produce that contract." Of course their response was "Plaintiff objects to this request on the grounds that it is irrelevant and equally available to the Defendant. Subject to objection and without waving the same, discovery and investigations are continuing, and Plaintiff reserves the right to amend or supplement this response as additional information becomes available." Like I stated their fact is not a fact and secondly how can they main justification (or main fact) be irrelevant. Is this a legitimate argument for this case? Thanks for any advice.
  8. Hi. My husband was sued by JDB Midland Funding last year. Suit was filed Feb 8, 2012. We weren't served until June 7, 2012. We are in Texas and the venue is JP Court for approx. $7,000 plus interest ad fees. We immediately sent a VOD since we were unaware of the debt. Midland never answered, (from what I understand in TX there is no time restriction about when you can DV, but the DC has to answer within 30 days, or it's a violation. Don't know if this applies once the suit has been filed). We also filed our answer, etc. A year went by and I was hoping the case would be dismissed for Lack of Prosecution, but we just got a letter with a court date in June. My dilemma: 1) We have not received so much as a generic contract from Midland or their attorneys. I have typed up Interrogatories, Requests for Disclosure and a letter to the Judge requesting permission to conduct Discovery. Since they would have 30 days to reply, do I also file a Motion to Continue? 2) I am so confused as to whether to elect arbitration and if so, with who. I have been reading anything and everything for weeks, now. I have heard that AAA will not enter into arbitration with Midland due to them not paying fees. Does this mean if I elect AAA the case will die because the won't do business with Midland, or does that mean I have to go with JAMS? I've read that JAMS is a better way to go than AAA, but is arbitration itself a better choice than court due to the fees charged to the JDB? 3) Does anyone know per Texas law (a) Does the right to elect arbitration get waived if you start discovery? and (b How long in Texas before trial do you have to elect arbitration? I have read in some states you can do it right up to 25 minutes before trial. I cannot find clear answers to either of these two questions. Anyone? I'm a little worried about court because the Judge was a banker before he was a judge and not a lawyer. I'm worried about arbitration too, so I'm feeling completely paralyzed by indecision. If anyone has experience with Midland in TX and some advise to offer, it would be much appreciated.
  9. I have recently been sued in TEXAS for by a debt collector for credit card debt. (Totaling about $1300) I got advice from here to send my answers within 50 days, and I did so, denying pretty much everything. I was then sent a court date to appear in August. Any help as to what I do now? I have heard many times the debt collectors will drop the case depending on my answers. How will I know if they do this? When I appear in court, will I have to have a lawyer? I can't afford one, and haven't used one thus far. Please help!
  10. I was served papers that were left on my door last Tuesday. Paper work states that this is legal because they have been unsuccesful at delivering to me in person. I am completely confused as to how to respond to this, so ANY help would be appreciated!!! First thing I am confused about it WHEN to respond. It states that I have 50 days to answer the third party collector, but then it states that "I am commanded to appear by filing a written answer to the plaintiff's petition at or before 10 o'clock a.m. of the Monday next after the expiration of ten days after the date of service of this citation before the justice court then lists the courts address. So I'm confused if I have 50 days to respond, or how many days is this stating? (I was served on March 19th 2013.) Please help! . Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MICHAEL R. CASTRO, FROM LAW FIRM RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $2,086.66 PLUS INTEREST AND ANY COURT COSTS 4. Who is the original creditor? (if not the Plaintiff) GE CAPITAL CORPORATION 5. How do you know you are being sued? (You were served, right?) I WAS SERVED 6. How were you served? (Mail, In person, Notice on door) GUY CAME SEVERAL TIMES WHEN I WAS AT WORK, THEN FINALLY ENDED UP LEAVING PAPERS TAPED TO MY FRONT DOOR. 7. Was the service legal as required by your state? I BELIEVE SO.... 8. What was your correspondence (if any) with the people suing you before you think you were being sued? THEY SENT ME PAPERS IN THE MAIL TRYING TO GET ME TO PAY. 9. What state and county do you live in? TARRANT COUNTY, TEXAS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)FROM WHAT I UNDERSTAND IN THE PAPERWORK THEY SENT, IT IS IN 2010. 11. What is the SOL on the debt? I'M NOT SURE. 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'M NOT SURE, COULD NOT FIND INFO ONLINE. 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. I DID WHEN I RECIEVED PAPERS FROM LAWYERS SAYING I WAS BEING SUED BY EQUABLE ASCENT FINANCIAL TO SEE WHAT IT WAS ABOUT, BUT OBVIOUSLY THAT WAS TOO LATE. 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 3/19/2013. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING THAT I COULD TELL. IT'S ASKING ME FOR A "REQUEST FOR DISCLOSURE, REQUEST FOR PRODUCTION, AND REQUEST FOR ADMISSIONS" AND THEN A VERIFICATION WITH A NOTARY. DO I SEND THE VERIFICAITON TO THE COURT OR TO THE DEBT COLLECTOR? THIS IS WHAT I WAS SERVED: *****ALIAS CITATION WfDISCOVERY ATTACHED***** THE STATE OF TEXAS TO: NAME DEFENDANT, GREETINGS: YOU ARE HEREBY COMMANDED TO APPEAR BY FILING A WRITTEN ANSWER TO THE PLAINTIFF'S PETITION AT OR BEFORE TEN O'CLOCK AM. OF THE MONDAY NEXT AFTER THE EXPIRATION OF TEN DAYS AFTER THE DATE OF SERVICE OF THIS CITATION BEFORE THE JUSTICE COURT, PRECINCT THREE AT 1400 MAIN STREET, STE. #220, SOUTHLAKE, TX 76092, SAID PLAINTIFF BEING EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION AND SAID: NAME PLAINTIFF(S) DEFENDANT(S) FILED ON THIS THE 16TH DAY OF AUGUST, 2012, FILE NO, JP03-12-JS00031123 SUED UPON: SEE ATTACHED PETITION, PLUS COURT COSTS PLAINTIFF RESERVES THE RIGHT TO PLEAD FURTHER ORALLY AT TIME OF TRIAL ********************************************************************************** NOTICE TO DEFENDANT YOU HAVE BEEN SUED, YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A M. ON THE NEXT MONDAY, FOLLOWING THE EXPIRATION OF TEN DAYS, AFTER YOU WERE SERVED THIS CITATION AND PETITION; A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOu. . ********************************************************************************** THE OFFICER EXECUTING THIS WRIT SHALL PROMPTLY SERVE THE SAME ACCORDING TO REQUIREMENTS OF LAW, AND THE MANDATES HEREOF, AND MAKE DUE RETURN AS THE LAW DIRECTS, GIVEN UNDER MY HAND ON THIS THE 5TH DAY OF MARCH, 2013, RUSSELL B. CASEY A JUSTICE OF THE PEACE IN AND FOR PRECINCT THREE T~. . TCOUNT~ ~ CL~E~ OF THE JUSTICE COURT CASE NO. JP03-12-JS00031123 -" ; Our File No. 1486999 Case No. JP03-12-JS00031123 v. § § §§§§§§ EQUABLE ASCENT FINANCIAL LLC ·In the Justice Court PR 3 PL 1 ASSIGNEE OF GE CAPITAL CORPORATION Plaintiff MY NAME Defendant(s). of TARRANT County Texas PLAINTIFF'S FIRST AMENDED PETITION & FIRST DISCOVERY REQUESTS A. Discovery-Control Plan 1. Plaintiff intends to conduct discovery under Levell of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees. B. Parties 2. The address for Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, is 1120 W.LAKE COOK RD STE B, BUFFALO GROVE, IL 60089. 3. Defendant, MY NAME may be served with process at MY ADDRESS or at such other place as the Defendant may be found. C. Jurisdiction 4. Plaintiff asserts that the above-named court has jurisdiction over the subj ect matter of this case and the person( s) of Defendant( s). D. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be residing in said county at the time of commencement of suit. E. Facts 6. GE CAPITAL CORPORATION (PREFERRED VISION) issued a credit card in the Defendant's(s') name under its account number ending in ************5253. Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. Defendant(s) defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 14,2010. The entire balance on the credit card account is presently due and payable in full. 7. The credit account has been assigned to Plaintiff, and Plaintiff is the current owner of this account. Plaintiff owns all right, title and interest in the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $2,086.66 plus interest. 9. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount, plus accrued interest, less all lawful offsets, credits, or payments, is still due and owing. " ) 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. F. Breach of Contract 11. The issuance of a credit card constitutes the offer of a contract. See, e.g. Bank One, Columbus, NA. v. Palmer, 63 Ohio App. 3d 491,492,579 N.E. 2d 284,285 (Ohio ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant(s). See e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21,150 S.E. 2d 319,320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. FortunofJ, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808,370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 12. By using and/or authorizing the use of the credit card Defendant( s) accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and conditions of the original creditor's cardholder agreement. 13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendant(s)' credit card in payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s) reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an admission of the account balance, since Defendant( s) was/were given both a method and an opportunity to raise such disputes. 14. Defendant(s) breached the contract by defaulting on the payment obligation ofthe credit card agreement. In violation of the Defendant(s)' promises and obligations under the aforementioned written contract, the Defendant(s) breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant(s), as well as unpaid interest. 15. Defendant(s)' breach was a proximate cause of actual damages of $2,086.66 plus interest. All just and lawful offsets, credits, and payments have been applied to the account. G. Damages 16. Plaintiff seeks damages on its liquidated claim in the amount of at least $2,086.66 plus interest, which is within the jurisdictional limits of this court. H. Conditions Precedent 17. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. I. Miscellanv 18. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Plaintiff's First Discoverv Requests Attached c 19. Plaintiff is attaching hereto Plaintiff's First Request for Discovery, which is to be served on Defendant along with Plaintiff's Amended Petition. Plaintiff's First Request for Discovery includes Plaintif:t:,s Reques_~for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules-of-Civil Procedure 194.3(a), 196.2(a), 198.2(a), and 197.2(a), Plaintiff may serve these discovery requests on Defendant prior to the date Defendant's answer is due, in which case Defendant must serve its response within 50 days after the date of service of the discovery request. See Oliphant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.-Dallas [5th Dist.], 2009)(for the proposition that Plaintiff may attach requests for admissions to its petition); see also Sherman Acquisitions IL L.P. v. Garcia, 229 S.W.3d 802, 813 (Tex.App.-Waco, 2007, no pet.). K. Prayer 20. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $2,086.66. h. Pre-judgment and post-judgment interest. c. Court costs. d. All other relief to which plaintiff is entitled. Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIK,LLC By: ORIGINAL COPY SIGNED MICHAELR. CASTRO,SBN 24065025 SEUNGW. CHAE,SBN 24047837 SHAUNG. BROWN,SBN 24068023 FALLONHAMILTON,SBN 24059202 JEFFREYS. KRAMER,SBN 24057950 YVONNEMIKULIK,SBN 24070271 MELVINTHATHIAH,SBN24048837 JAMILAB. LLOYD;SBN 24045529 NATHANIALD. KHZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF 1486999 Defendant Copy PLAINTIFF'S FIRST DISCOVERY REQUEST To: NAME ADDRESS.. . Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, hereby serves its First Discovery Requests on Defendant, NAME , along with its Original Petition in the abovestyled lawsuit. Plaintiffs First Discovery Requests include, Plaintiffs Request for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194.3(a), 196.2(a) 198.2(a), and 197.2(a), Defendant(s) is directed to serve written responses to Plaitniff's First Discovery Requests and produce all requested documents to Plaintiffs counsel of record at RAUSCH,STURM,ISRAEL,ENERSON&HORNIK, LLC, at 15851 N. Dallas Park-way, Suite 245, Addison TX 75001 (Fax: 214-453-0974 within 50 days after the date of serice of the discovery request. I. NOTICE REGARDING FAILURE TO TIMELY RESPOND TO REQUEST FOR ADMISSIONS In the event Defendant(s) fails to respond in writing to Plaintiffs Request for Admissions within the time period required under Texas Rule of Civil Procedure 198.2(a), Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2©, and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s). rr. INSTRUCTIONS 1. For any document that no longer exists or that cannot be located, identify the document, state how and when it passed out of existence, or when it could no longer be located, and the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document. 2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2) the title or heading that appears on the document; (3) the date the doucment was created and/or executed; and (4) the identity of the author and of the signer of the document. 3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address and telephone number for the person. ill. DEFINIT~ONS The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless the context requires otherwise: l. "Plaintiff' shall mean EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION as well as any of its authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates and/or parent companies. 2. "Defendant", "you" and/or "your" shall mean NAME as well as any of his authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates, parent companies, and/or any other person or entity acting on behalf of and with the permission of NAME In the event there are multiple defendants in this lawsuit, "Defendant" shall be construed to refer to both the singular and plural version and shall be inclusive of all named defendants. 3. "Document" means all written, typed or printed matters, and all magnetic, electronic, or other records or documentation of any kind or description in your actual possession, custody, or control, including those in the possession, custody, or control of any and all present or former directors, officers, employees, consultants, accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant to the subject matter of this action. 4. "Possession", "custody", and/or "control" of an item means that the person either has physical possession of the item or has a right to possession equal or superior to that of the person who has physical possession of theem. 5. "Person" means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest. l J 6. "The Account" shall mean the credit account bearing The Original Creditor account number ending in ************5253 made the subject of this lawsuit. 7. "The Original Creditor" shall mean GE CAPITAL CORPORATION (PREFERRED VISION). Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIKLLC ATTORNEYSINTHEPRACTICEOFDEBTCOLLECTION By: ORIGINAL COPY SIGNED MICHAEL R. CASTRO, SBN 24065025 SEUNGW. CRAB, SBN 24047837 SHAUN G. BROWN, SBN 24068023 FALLON HAMILTON, SBN 24059202 JEFFREY S. KRAMER, SBN 24057950 YVONNE MIKULIK, SBN 24070271 MELVIN THATHIAH, SBN 24048837 JAMILA B. LLOYD, SBN 24045529 NATHANIAL D. KITZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF REQUEST FOR DISCLOSURE Pursuant to Texas Rule of Civil Procedure 194.3 Defendant is requested to disclose within 50 days of service of this Request, the information or material described in Texas Rule of Civil Procedure 194.2(a)-(l). (a) the correct names of the parties to the lawsuit; ( the names, address, and telephone numbers of any potential parties; © the legal theories and, in general, the )"ctual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; (f) for any testifying expert: (1) the expert's name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is .not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; :...., ;. (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, employed by, pr prepared by or for the expert in anticipation of the expert's testimony; and ( the expert's current resume and bibliography; (g) any indemnity and insuring agreements described in Rule 192.3 (f); (h) any settlement agreements described in Rule 192.3 (g); (i) any witness statements described in rule 192.3 (h). REQUEST FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to the following Request for Production and to produce the documentation requested therein to Plaintiff through its attorney of record within 50 days after the date of service. 1. Please produce all documents in your possession relating to the Account, including copies of any account statements, copies of any cards issued on the Account, credit applications, signed contracts, and/or any terms, conditions, cardholder agreements or any amendments to same. 2. Please produce all communications made between you and Plaintiff and/or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response a copy of any request for verification or validation of the Account. 3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The Original Creditor objecting to or disputing any terms, conditions, amendments, charges, purchases, cash-advances, interest rates, late-fees, over- Iimit fees and/or any other fees applied to the Account. 4. Please produce copies of any documents reflecting any payments made by Defendant or on behalf of Defendant to Plaintiff or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response copies of any checks, payment confirmations, and/or banking account statements that reflect payments made to Plaintiff or The Original Creditor. 5. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due payments, offsets, credits and/or deductions in favor of Defendant have not been applied to the Account, please produce all documents in support of such contention, including copies of any payments made and/or bank account statements reflecting payments made. 6. If you contend that Defendant did not owe a balance on the Account to The Original Creditor at the time the Account was closed, please produce all document in support of such contention. 7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result of identity theft and/or fraud, please produce all documents in support of this contention. 8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act or any other Federal or State statute, including the Texas Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code, in connection with the Account, please produce all documents in support of your;6tmtention-: 9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false or deceptive actions with respect to the Account, please produce all documents in support of your contention. 10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect to the Account, please produce all documents in support of your contention. 11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce all documents upon which you base such claims. 12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all documents reviewed and/or relied upon at the time you filed the counterclaims. If an investigation was performed by Defendant's counsel prior to filing the counterclaim, please provide all documents that were reviewed as part of the investigation that are not subject to privilege. 13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of limitations, please produce all documents in support of your contention, including any documents showing when you contend the last payment was made on the Account or when the last purchase/charge was incurred on the Account. 14. If you have asserted any affmnative defenses in response to this lawsuit, please produce all documents in support of each affmnative defense asserted. 15. If you contend that Plaintiff is not the current holder of the Account or does not have standing to bring this lawsuit, please produce all documents in support of your contention, including specifically, any demands or notices received by you from any other party seeking to collect on the Account. REQUEST FOR ADMISSIONS Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions by admitting or denying the truth of the following statements and serve such written responses on Plaintiff through its counsel of record within 50 days after the date of service. In the event Defendant(s) fails to respond in writing to Plaintiff's Request for Admissions within 50 days after the date of service of this Request, Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2( c), and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant( s). Admit or Deny the following Requests: 1. As of the date Plaintiffs Petition was filed Defendant owed Plaintiff $2,086.66 on the Account. 2. Defendant had at least one credit card account with The Original Creditor within the four years immediately preceding the date this lawsuit was filed. 3. Defendant made use of a credit card account issued by The Original Creditor to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 4. Defendant made use of the Account as identified in Plaintiff's Original Petition and defmed herein to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 5. Defendant made at least one payment to The Original Creditor within the four years preceding the date this lawsuit was filed. 6. Defendant has maintained at least one checking and/or banking account within the four years preceding the date this lawsuit was filed. : 3 ,1 7. Defendant was provided with a copy of the applicable terms and conditions and/or the cardholder agreement for the Account prior to making use of the Account. 8. Defendant was permitted to use the Account to make purchases and/or obtain cash advances without signing a copy of the applicable terms and conditions and/or the cardholder agreement for the Account. 9. Defendant is not currently in possession of any applicable terms and conditions and/or cardholder agreement for the Account. 10. Defendant did not object to the applicable terms and conditions and/or cardholder agreement for the Account prior to making use of the Account. 11. Defendant has not received any demands for payment from any of the vendors or merchants where Defendant used the Account to make purchases. 12. The Original Creditor has paid all vendors and merchants for any purchases charged to the Account by Defendant. 13. The Original Creditor permitted Defendant to defer payment for purchases and/or cash advances made on the Account. 14. Defendant knew he/she would be assessed interest, late-fees, over-limit fees and other fees and/or penalties in exchange for the ability to defer payment for purchases and/or cash advances made on the Account. 15. Defendant was notified of all applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed on the Account prior to use of the Account. 16. Defendant did not object to any interest rates, late-fees, over-limit fees or other fees and/or penalties assessed on the Account. 17. Defendant regularly received monthly account statements for the Account from the time the Account was opened until the time the Account was closed. 18. The monthly account statements received by Defendant for the Account accurately set forth all transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. 19. Defendant never objected in writing to any of the transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. Defendant was notified of all changes and/or amendments to the terms and conditions and/or cardholder agreement for the Account. Defendant was notified of any changes to the applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed to the Account. Defendant has made at least one payment to the Original Creditor for charges incurred on the Account within the four years immediately preceding the date this lawsuit was filed. Defendant ceased making payments on the Account. 24. At the time Defendant ceased making payments on the Account a balance remained.owed on the Account. iv •• 25. Defendant received a demand letter for payment from Plaintiff or Plaintiffs attorney prior to the filing of this lawsuit. 26. All due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the Account. 27. Plaintiff is the current owner of the Account. 28. Defendant has not received any demands for payment from The Original Creditor in the 12 months preceding the filing of this lawsuit. PLAINTIFF'S FIRST SET OF INTERROGATORIES 1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial. 2. Please state the factual basis for any affirmative defenses you have asserted in this hb~****. --j 3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by Plaintiff that serve the basis of the counterclaim(s), when they were allegedly committed, and the name(s) of the person who committed them. 4. If you have filed a counterclaim( s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation conducted to determine the validity of the such claims prior to filing such counterclaim(s). 5. If you contend that you have received any demands for payment on the Account from any entity other than the Plaintiff and/or its attorneys within the 12 months preceding the filing of this lawsuit, please identify such entity, the approximate date the demand was made, and how the demand was made (ie - in writing via mail, over the telephone, etc.). If you have not received any demands for payment from any entity other than Plaintiff and/or its attorneys within the 12 months preceding the filing ofthis lawsuit, please answer "NONE". STATE OF TEXAS )SS. ) COUNTY OF TARRANT )SS. VERIFICATION By signing this document, I hereby swear or affirm, subject to the penalty of perjury, that the answers and responses included in the foregoing document are true and correct. My signature affixed hereto also confirms that I have personally read each answer or response and personally affirm them as my own. NAME , Defendant Before me, a notary public, on this day personally appeared the above named authorized person known to me to be the person whose name is subscribed above in connection with the foregoing document and, being by me first duly sworn declared that the statements therein contained are true and correct. Sworn to and subscribed before me by Defendant, NAME , on _ Notary Public in and for The State of Texas My commission expires: Defendant Copy
  11. Check out this Texas case law regarding challenging 3rd party business records: http://scholar.google.com/scholar_case?case=10612691797526674821&q=dodeka++campos&hl=en&as_sdt=4,44&as_ylo=2012 Here is the relevant excerpt: "Finally, Campos [debtor] contends the [OC] records themselves are untrustworthy. However, we note that the creator of the documents, Chase, must keep careful records of its customer's accounts, otherwise its "business would greatly suffer or even fail." Id. at 244 (quoting Harris v. State, 846 S.W.2d 960, 964 (Tex.App.-Houston [1st Dist.] 1993, writ ref'd)). Furthermore, if Chase failed to keep accurate records, it could face criminal or civil penalties. Id.; see also TEX. FIN.CODE ANN. § 392.304(a)(8) (West 2006) (prohibiting consumer debt misrepresentation); TEX. FIN.CODE § 392.402 (providing criminal penalties for violations of Chapter 392 of the Texas Finance Code). We believe these circumstances lend support to Dodeka's [JDB] claim that the Chase documents are trustworthy." Am I reading this wrong, or is this court basically saying that a JDB doesn't need to establish the reliabiltiy of the original records; they are simply assumed to be reliable (and somehow magically not hearsay) because the OC wants to make money and can get in trouble if they lie? Here was the argument the debtor made: "Campos contends Chaffin did not have sufficient personal knowledge to attest to Chase's business records because Dodeka is a third party who purchased the account and was not the original author of the documents. Further, Campos argues that Chaffin is not qualified to testify about Chase's documents because she did not indicate that she or anyone from Dodeka knew of the events or conditions recorded in Chase's records or had knowledge of the manner in which Chase prepared the documents" Apparently, according to this court it doesn't matter that there was no personal knowlegde of the records when they were created; Chase's records are assumed to be trustworthy becasue they could "face penalties" otherwise. (This is especially ironic that this is Chase who is assumed to be trustworthy; see the affidavit to the government given by former Chase employee Linda Almonte.) What's especially galling about this is that they overturned the trial courts ruling. Since it was an apeal, they said "We will uphold the trial court's ruling on the exclusion of evidence if there is any legitimate basis for the ruling". So basically they are saying that the fact that there is no one that can attest to the veracity of the oc's documents is not a legitamate basis to exclude evidence. This new interpreation of the business records hearsay exception seems insane to me. The JDB afiidavit I received in my lawsuit includes almost the exact language from this case as to why the OC's records are reliable ("reliable because OC is required to keep good records by law and/or suffer busines loss"). I hope I am missing something, because this ruling seems to make it harder to exclude OC docs in Texas.
  12. I filed my Answers and Affirmative Defenses, but I need help in answering Request for Admissions. If I admit any of these, then they have nothing to prove.