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Showing results for tags 'jurisdiction'.
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I am trying to help my son who is being sued by Capital One for credit card debt. I really wish I had found you sooner but maybe there is still time to do something, I am hoping you can help. We issued a general denial and I was going to challenge jurisdiction so I was looking for some information for that when I happened upon this website and saw the, DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS provided to Htown, oddly enough 3 years ago today. I read it over and it looked like just what I need except the plea to the jurisdiction is addressing a debt collector and not the original creditor. The suit was brought by debt collecting lawyers who claim that Capital One is the plaintiff. I am pretty sure that the law firm is actually the plaintiff but I have no proof of that. I asked that they prove they have authorization from Capital One but all we got was a copy of their bond. After I sent the general denial they asked for a continuance to the trial, it was postponed from June 26 to August 22, maybe. I say maybe because we have never received a notification from the court on when the date actually is, I called down there last week and the clerk lady said it was going to be on the 21st but the judge couldn't be there so they were going to change it to the 22nd. It seems to me they would be required to give us a definite date before now, it is not but about a week away now and still no official notification. She said she was going to send the notices out but as of Saturday's (8/12/2017) mail we still had nothing. The Texas rules of Civil Procedure 503.3 says they are supposed to give 45 days notice of trial date, but that doesn't mention a postponed trial, but still it seems like we should get more than a week of official written notice. A week or so ago the law firm sent an affidavit from the accounting dept at Capital One as evidence and then Friday they sent a motion for summary judgement with another affidavit from another accounting person. I was going to just send the special exception part of your brief as they are basing their argument on the account stated. I was wondering if you had anything for the jurisdiction if the original creditor is listed as the plaintiff? Is there any way to prove the law firm bought the debt and is collecting for themselves? Any help would be greatly appreciated. I know this is short notice, again I wish I had found you sooner. I was going to challenge jurisdiction based on the fact that there is no valid contract due to the deceptive methods used to coerce my then 18yr old son into contracting with them. Any help would be greatly appreciated.
In a separate thread, facts came up that a certain internet bank is governed by an arbitration clause in the contract. If they file in court vs. JAMS or AAA is it : 1. an improper forum for any controversy ? 2. can it be quashed with a demurrer or a motion to quash? 3. can it be struck with a Motion to Strike? or 4. Completing the steps already used for forcing arbitration? I am thinking if we can kick them out of court once then the judge has to see that every case is flawed
Yesterday I was about to call a debt collector to offer them a more lucrative settlement than I was able to offer last time I talked to them. A little voice told me to check the courts website for the county I used to live in, low and behold they sued me, submitted proof of processing, and got a judgement against me because I never responded the the summons that I NEVER received. I called the courts and the clerk told me the plaintiff served a 5'3" Caucasian female with brown hair, approximately 30 years old, at my friend's address in California in April 2013. I was having my mail sent to my friend's house when I first moved to Colorado in July 2012 until I had a stable residence. Sometime towards the end of 2012 she bought a new home and rented that one to an older single male, there are no females living at the residence in April. I have called this creditor, who is collecting a debt for a JDB, a few times in the past trying to work out something with them, they just say no and won't tell me what they will accept. After I got my own apartment in Colorado I gave the creditor the new address because I wanted this matter resolved, unfortunately I am not sure of the exact date this occurred but I am sure it was between Dec. 2012 and April 2013. The last time I spoke to them in June I knew something was going on when they refused my offer and said they would only accept a very specific amount down to pennies. It was before the call in June that I had updated my address with them, when I had given them the previous offer which they told me they thought the JDB would accept, only to call me back and say it was denied and they had no counter offer to provide me. Does anyone have any recommendations on what actions I can/should take? This judgement could mean me losing my licensing and in turn losing my job, so I really need to know what all my options are if I even have any.