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Sued in TX by B of A
NeedHelpinTexas posted a topic in Is There a Lawyer in the House1. Who is the named plaintiff in the suit? B.ank of A.me.rica 2. What is the name of the law firm handling the suit? S.cott and a$$/o/ciates, PC 3. How much are you being sued for? >22K 4. Who is the original creditor? Plaintiff 5. How do you know you are being sued? I was served 6. How were you served? In person 7. Was the service legal as required by your state? In-person or certified mail 8. What was your correspondence (if any) with the people suing you before you think you were being sued? received a letter from them telling me they are a debt collector and trying to collect a debt from plaintiff 9. What state and county do you live in? Texas, Galveston 10. When is the last time you paid on this account? March of 2020 11. When did you open the account (looking to establish what card agreement may be applicable)? 2016 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit served? Motions filed? I was served recently and i need to file OA 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes 15. Did you request debt validation before the suit was filed? I have not 16. How long do you have to respond to the suit? 30 Days. I plan to answer in time, trying to learn as much as possible before I file. Simply a list of "facts" and two counts...suit on debt and breach of contract. Plus credit card statements attached to the back. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They stapled a copy of the last statement to the lawsuit. 18. How did you find out about this site? Internet search I am writing my answer to the suit. I have done a search on my own county's court record website, as well as harris county (a much larger county close by) to find strategies, or maybe even law firms who have somewhat of a decent win ratio against plaintiff - and i am discouraged. Also the ProSe wins are just few and far in between. This is more or less what I plan on: 1. DEFENDANT'S ORIGINAL ANSWER NOW COMES Defendant, <me>, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court: 2. GENERAL DENIAL Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant denies each and every, all and singular, of all allegations set forth in Plaintiff's Original Petition, and demands strict proof thereof by preponderance of credible evidence as required by the Texas Rules of Civil Procedure. Entering this general denial does not prevent defendant from raising other defenses at trial, Texas Rules of Civil Procedure Rule 502.2(b) 3. AFFIRMATIVE DEFENSES By way of further answer, in the alternative, if such be necessary, and without waiving any of the foregoing, Defendant asserts and/or alleges the following affirmative defenses: i. contributory negligence; ii. laches waiver; iii. failures of consideration; iv. affirmative defense of fraud; v. the defense of justification and excuse; vi. the Business Judgment Rule; vii. failure to mitigate damages, and; viii. all conditions precedent has not been performed and has not occurred. Defendant further alleges the following affirmative defenses: a. Plaintiff fails to state a claim on which relief can be granted. b. Plaintiff's action is barred by statutes of limitations or laches. c. Plaintiff's action is barred by accord and satisfaction. d. Plaintiff's action is barred by reason of estoppel. e. Plaintiff's action is barred by unjust enrichment. f. Plaintiff's action is barred by violation of the duty of good faith and fair dealing. g. Plaintiff's action is barred by usury. h. Plaintiff's action is barred by lack of capacity. i. Plaintiff's action is barred by its failure to validate the debt. j. Plaintiff's action is barred as this is not an action on an open account. k. Plaintiff's action is barred by setoff, recoupment, or payment. l. Plaintiff's action is barred by its failure to mitigate damages. 4. RIGHT TO AMEND AND SUPPLEMENT ANSWER Defendant respectfully reserves the right to amend and supplement this answer, including the right to add, change, or withdraw affirmative defenses, as may be appropriate or necessary because of discoveries or orders of this honorable court 5. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays A. That the court denies plaintiff's petition, B. That Plaintiff take nothing herein, C. that Defendant be awarded the relief prayed for hereinabove, and for such other and further relief, special or general, legal or equitable, as may be shown that Defendant is justly entitled to receive. Respectfully submitted, <me> I have read most of the information here I also read the info on affirmative defenses on this forum So, from some of that discussion, it seems you change the burden of proof to yourself, if you include "the wrong" affirmative defenses. So I am in doubt whether to include some of these, none of these or all or more of the affirmative defenses I have. My main goal will be to avoid a judgment (although I am reasonably garnishproof). I have the funds for settlement - b of a offered me 25% in the past (but I did not have the funds at that time). From what i can gather the arbitration route is not an option available to me. What can I do to make my negotiation position as strong as possible? Sorry for the long post. The more I research, the less hopeful I get. Thanks in advance for any insights/remarks
MysteriousSalary posted a topic in State Laws, Case Law, Sample FormsI'm located in California. 1.) Can the Plaintiff serve a Trial Brief or Declaration In Lieu of Live Testimony in response to CCP 96? What is an adequate response to CCP 96? 2.) Does the CCP 96 count towards the 35 questions permitted for discovery?
Debt still with Original Creditor worth settling?!?
Sammyvill posted a topic in Credit RepairI noticed on my credit report that BOFA whom I still own money ran my credit again, it seems like they may be getting ready to sell my debt to a JDB. I have not made payments on the card since august of 2011. I was wondering if I would get a favorable settlement deal if I tried to call them and settle before it’s sold? For the sake of my credit rating I was thinking of reaching out and making a deal instead of waiting for it be sold to collection company or a JDB and having to deal with them again and risk getting additional derogatory on my credit report? Any thoughts, opinions, recommendations?