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I am being sued in civil court in TX through a law office on behalf of Credigy Receivables. The debt was from September 2001. My credit report for the credit card (amount 1705.00) says sold to First Select and it says date paid 9/2001. It says date closed 5/2002 and date updated 5/2002. Then Credigy Receivables has a balance of 2830.00. Under Credigy it says date closed 4/2002, then date updated 3/2005. I believe they adding erronous information to keep my account active. I sent Credigy a letter of validation. I never heard from Credigy, but the lawyer sent me a date for a payment of 81.00 in 9/2001 that I never paid. They never sent the original creditor's information.

The law office that is suing me has sent a request for trial setting to the courts after 6 months of not hearing from them since I sent my letter of validation and my answer to the courts. Do I have a case to countersue for any violations of FCRA?

Thank you for all of your help.

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Read the FDCPA and FCRA info on this site and see if you have violations you can countersue with. I just sent off a countersuit yesterday. When i got the summons, I sent DV letters along with my answer to the court (extra proof that I sent it and to let the court know I am disputing), the CA and their attorneys. In my case, my main violation is that they continue to collect for the past 7 months while they have not sent a single piece of validation. They have reported to all 3 credit agencies, violating both the FDCPA and FCRA. Under FCRA look at section 623, that is where you can pinpoint their violations and that is the section that works agaimst them, some people here are mistaken as to what parts you can use against a CA. I know for a fact it is section 623 of the FCRA. Some of the other sections pertain to the CRA's. What have you done in response to their lawsuit, just the answer and DV? You need to check the rules of the Court you are being sued in, to find out if there is a deadline for your countersuit, usually if you don't make the deadline, they will still let you file one, but just give the other side some time to respond to it. Who is the OC and when was the last date of activity, e.g. last payment made?

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Thank you for your help on this. The OC was Discover Card andon my credit report it says date paid 9/2001, date closed 5/2002. The last time I made a payment to Discover was either in 2000 or 2001. I no longer have that bank account to find out.

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Scumbags! I hate Credigy, but not to fear!!!! I sent them packing, and I am in Texas. The key to their lawsuit is simple. They have no evidence to back up their claims. You have a few options, but I need to know EXACTLY what their claims are in the complaint. If they worded it the same as mine, I will send you some info, and point you in the same direction I took. You have to flood them with requests for discovery, motions, and hit them with the coupe' de grace (spelling?) "Texas Defendants No-Evidence Motion for Summary Judgment". This basically states that you know they don't have any evidence to back up their claims. I can get you a copy of one used successfully here in Texas (not in my suit, after I filed this with the Harris County Clerks office, they dropped their suit). Now, if they filed the same "quantum meriut" and breach of contract claims against you that they did against me, you can beat them.

Review my other posts regarding credigy, if you want some more info.

Long story short, make your case MORE EXPENSIVE for them to go after than what they want to pay. If they have to actually do any work on the case, then they run off. Flood them with paperwork, requests, and motions and they say "Too much work, lets go get the guy who didn't answer us in court!".

PM me if you want to, I want to help you squash these guys!!!!

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I apologize for the late reply.... I was in FL watching my son graduate! :D

Anyway.... Let's see:

You live in TX

The debt was defaulted in 2001.

2001 + 4 = 2005.

Can we say "affirmative defense - debt outside SOL"???? Yeppers.

That is what your answer needs to state.

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oops! Hey, you have a case for counter-suit, and to win some money!

I have a lawyer here in Houston who can do the suit for you on contingency, and he will get his fees from Credigy for defending you if you win. His name is Jim McMillen, here is his info.

James T. McMillen

Organization:

Address:

14522 Red Mulberry Lane

City:

Houston

State:

TX

ZIP:

77044

Email:

jim@jamesmcmillen.com

Phone:

(281) 458-9100

Fax:

(281) 458-3901

Date Joined:

8/20/1998

Contact Preferences

May NACA Members Contact?:

Yes

May Consumers Contact?:

Yes

Areas of Interest / Experience

Bankruptcy:

Advanced Knowledge

Car Related Cases:

Advanced Knowledge

Car Fraud:

Advanced Knowledge

Car Warranty:

Advanced Knowledge

Lemon Law:

Advanced Knowledge

Credit Discrimination:

Experience

Class Actions:

Advanced Knowledge

Debt - Medical Expenses:

Experience

Debt - Student Loans:

Debt Collection:

Advanced Knowledge

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Experience

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Advanced Knowledge

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Experience

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Experience

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Experience

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Repossessions:

Advanced Knowledge

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Advanced Knowledge

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Advanced Knowledge

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Advanced Knowledge

Voc/Tech Schools:

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Thank you for all of your help. I received a letter a letter from the Judge telling us to go to Alternative Dispute Resolution. But then I get a letter from the Lawyer that he sent to the court. It's a Plaintiff's Motion for Summary Judgement. I am sending the Plantiff's Request for Production of Documents to the Lawyer and the Courts tomorrow. I don't want to go to ADR, or court, but I will fight tooth and nail because this is ridiculious.

Thanks again for all your help. Please let me know if you think I need to do anything else or something different.

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don't you mean "Defendants Request"? Also, are you in the Houston Area????? If you have a case for counter-suit, Jim (see above post) does those on contingency, and will get you some money. Ba$tard$ that Credigy and their lawyer are, they would send a "summary judgment" request. Please, call him. These guys are scum, and they don't play by the rules. Is the local attorney Riecke Baumann? He also is a ba$tard. Let me know!!!

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Thanks for the clarification. I am in the Dallas Area and the lawyer that is representing Credigy is in Houston. His name is Brian Staley with Hull and Associates. I called the ADR people today and they told me we were ordered to go to them first, so I am not sure what they are trying to pull. I am still going to file the Defendants Request because it seems as if they are in a panic. I will give the lawyer you recommended to me a call next week.

Let me know your thoughts.

Thanks.

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Ok, yeah, give Dean Malone a call in Dallas. He sends Credigy running. See his website, http://www.deanmalone.com/credigy_receivables.htm

But, if you just want to send them into a tizzy, set the hearing date for 21 days in advance (give em 30 just to be on the safe side for you) and file the "defendants no evidence motion for summary judgment". You will also need to file the order to be signed by the judge. Dean Malone has a copy of one on his website. James Hull is on Bud Hibb's website also.

Did I post the MSJ for ya? PM me if you want another copy.

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Cause ####

CREDIGY RECEIVABLES, INC., ) IN THE COUNTY COURT

Plaintiff )

)

vs. ) AT LAW NO. 1

)

AVENGER AGAINST SCUMBAGS, )

Defendant ) MY COUNTY, TEXAS

DEFENDANT’S “NO-EVIDENCE” MOTION FOR SUMMARY JUDGEMENT

TO THE HONORABLE JUDGE OF SAID COURT:

The Defendant files this Defendant’s “No-Evidence” Motion for Summary Judgment and moves the court to sign a summary judgment on matters addressed herein.

I. Introduction: Summary of Requested Relief

The Plaintiff filed suit alleging that it purchased a debt owed by the Defendant. The Plaintiff alleges two causes of action. First, the Plaintiff alleges a cause of action for breach of contract. The Plaintiff alleges that a contract between the Defendant and a third party was assigned to the Plaintiff. Second, the Plaintiff alleges a cause of action for quantum meruit. The Plaintiff alleges that it or its predecessor-in-interest extended credit to the Defendant.

The Plaintiff filed suit based upon documents attached to its petition. Therefore, because the Plaintiff intends to prove its case through documents which it allegedly already possesses, adequate time for discovery has passed for the issues addressed in this motion. The Defendant moves the court to find against the Plaintiff, and for the Defendant, on the Plaintiff’s claims for breach of contract and quantum meruit.

II. Argument and Authorities

A. Summary Judgement Law

A motion for summary judgement and its supporting evidence must show that (1) there is no genuine issue as to any material fact and (2) the movant is entitled to judgment as a matter of law. Lear Siegler, Inc. v Perez, 819 S.W.2d 470, 471 (Tex. 1991). A party may move for summary judgment either (1) on its own claim, counterclaim, cross-claim, and/or request for declaratory judgment or (2) against another party’s claim, counterclaim, cross-claim, and/or request for declaratory judgment alleged against the movant, Tex.R.Civ P166(a). A party may also move for summary judgment alleging that, after adequate time for discovery, there is no evidence of one or more elements of a claim or defense upon which a respondent would have the burden of proof at trial. ID 166(i). Summary judgment procedure allows a trial court to dispose of unmeritorious claims or untenable defenses. See City of Houston v. Clear Creek Basin Auth, 589 S.W.2d 671, 678 n.5 (Tex. 1979).

B. After Adequate Time for Discovery, There is No Evidence of One or More Essential Elements of the Plaintiffs Breach of Contract Claim

The Plaintiff alleges that the Defendant is liable to the Plaintiff for breach of contract, and that the Plaintiff is the assignee-creditor of such contract. The Plaintiff, to prevail on its breach of contract claim, must prove (1) the existence of a valid contract, (2) performance or tendered performance of the contract by the plaintiff, (3) breach of contract by the defendant, and (4) damages to the plaintiff resulting from that breach. My v. American Prot. Ins. Co., 158 S.W.3d 614, 622-23 (Tex. App. – Fort Worth 2005, no pet. H) After adequate time for discovery, there is no evidence of the existence of a valid contract. Further, and after adequate time for discovery, there is no evidence of performance or tendered performance by the Plaintiff, or its assignor, of the alleged contract. Finally, the Plaintiff alleges that the purported contract was assigned to the Plaintiff. After adequate time for discovery, there is no evidence of such assignment.

C. After Adequate Time for Discovery, There is No Evidence of One Or More Essential Elements of the Plaintiff’s Quantum Meruit Claim

The Plaintiff alleges that the Defendant is liable to the Plaintiff pursuant to a quantum meruit cause of action. The Plaintiff must prove, to prevail on its quantum meruit claim against the Defendant, that (1) valuable services and/or materials were furnished by the Plaintiff, (2) to the Defendant, (3) which were accepted by the Defendant, and (4) under circumstances that reasonably notified the Defendant that the Plaintiff, in performing, expected to be paid by the Defendant. See Heldenfels Bros., Inc. v. City of Corpus Christi, 832 S.W.2d 39, 41 (Tex. 1992). After adequate time for discovery, there is no evidence of each of the following elements:

1. valuable services and/or materials were furnished by the Plaintiff;

2. to the Defendant;

3. which were accepted by the Defendant; and

4. under circumstances that reasonably notified the Defendant that the Plaintiff, in performing, expected to be paid by the Defendant.

III. Conclusion

After adequate time for discovery, there is no evidence of one or more of the essential elements of the Plaintiffs breach of contract and quantum meruit claims. Therefore, the court should sign an interlocutory default judgment against the Plaintiff and for the Defendant on those two claims. The interlocutory judgment should find and hold that the Defendant is not liable to the Plaintiff under either a breach of contract or quantum meruit cause of action. If the court does not render summary judgment for all of the relief requested, the Defendant moves the court to either (1) grant a partial summary judgment on one or more requested issues and/or (2) examine the pleadings and the evidence on file, interrogate counsel, ascertain what material fact issues exist, make an order specifying the facts that are established as a matter of law, and direct such further proceedings in the action as are just.

Respectfully submitted,

____________________________________

Avenger Against Scumbags, Defendant pro se

My address

My City, State, Zip

My Ph #

NOTICE OF HEARING

Please be advised that a hearing on the above motion has been set for April 5th, 2006 at 9 a.m. in the court which this case is pending.

Signed ______________ ______th, 2006

_________________________________

Judge Presiding

CERTIFICATE OF SERVICE

I certify that, on this _____________ day of ______________ a true and complete copy of the attached document was sent to all attorneys of record via U.S. mail, certified and return receipt requested.

__________________________________________

Avenger Against Scumbags

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I talked with the Judge yesterday about the summary judgement and he told me to file a motion for continuance. I asked him was it too late to submit the defendant's request and he said no, so I submitted that and mailed it to the lawyer yesterday. Do you have a sample for a motion for continuance? I also received in the mail yesterday a document from the lawyer asking me to answer a bunch of questions. I can't rememeber the title because its at home. I don't have to answer those do I?

Thanks.

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ok, you have an UNFRIENDLY judge. He still has to hear your your motion, but you need to file discovery first. You have to set up a hearing for the "Motion To Compel Discovery" so that the court can set the timeframe. That is the best way to do it.

But, if he wanted to do a continuance, just follow the format of any of the other documents, stating that you wish to move to continue on the basis that you are not prepared at this time to present your defense. Google "motion to continue" and see what you come up with.

Maybe because you went to court without filing these documents he asked for a continuance?

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Motion to Continue Hearing

Small Claim Form SC5-2

Effective 1/2/01

IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF

IDAHO, IN AND FOR THE COUNTY OF _______________

SMALL CLAIMS DEPARTMENT

_________________________________________, ) CASE NO. ____________________

)

_________________________________________, ) MOTION TO CONTINUE

PLAINTIFF(S), ) (RESCHEDULE) HEARING

vs. )

)

_________________________________________, )

)

_________________________________________, )

DEFENDANT(S). )

I am the ___ plaintiff ___ defendant (check one) in this case. I am asking the court

to continue this hearing for:

___ two weeks

___ thirty days

___ other: ____________________

I am unable to attend the hearing on the date scheduled because:

_________________________ _______

Signature Date

OK, so this i googled, not for texas, but you should be able to tweak to meet your needs.

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Thanks. I am anxious to see what will come about after the lawyer receives the defendant's request for proof. I googled the sample motion for continuance and found something, so I'll get that to him tomorrow. I don't understand why if we were ordered to go to ADR, why would he have me to file a motion for continuance. Oh well. I'm just ready to bury this lawyer and credigy because this is the only bad mark on my report.

Thanks once again.

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keep going!!!! Just keep burying them under paperwork. They will fold. Don't believe a word they say, you owe Credigy NOTHING! And, you need to approach this suit that way. If you have this mild idea that you owe somebody something, you will think the worst. But, since these guys took a gamble on you, and they didn't bother to buy insurance from the dealer. . . so you are the house, and the cards are stacked in your favor. They have to prove they own anything, and that you owe them. You can file an affidavit that says "I never had a contract with these guys, and I deny their claims against me as they have no proof that they are the owners of this alleged debt." Don't admit defeat before the battle. I thought I was lost too, but they ran away, crying like babies when I got done with them.

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Motion to Continue Hearing

Small Claim Form SC5-2

Effective 1/2/01

IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF

IDAHO, IN AND FOR THE COUNTY OF _______________

SMALL CLAIMS DEPARTMENT

_________________________________________, ) CASE NO. ____________________

)

_________________________________________, ) MOTION TO CONTINUE

PLAINTIFF(S), ) (RESCHEDULE) HEARING

vs. )

)

_________________________________________, )

)

_________________________________________, )

DEFENDANT(S). )

I am the ___ plaintiff ___ defendant (check one) in this case. I am asking the court

to continue this hearing for:

___ two weeks

___ thirty days

___ other: ____________________

I am unable to attend the hearing on the date scheduled because:

_________________________ _______

Signature Date

OK, so this i googled, not for texas, but you should be able to tweak to meet your needs.

Thanks, great info!

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The info I received is called the Planntiff's First Set of Interrogatories to Defendant. Is this something I have to complete and send to back to the lawyer?

Also, when should I file the Motion to Compel Discovery? My defendant's request for production of documents was sent Monday.

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Just state on each question: "I deny said allegation due to lack of evidence or proof" or some such tweak as neccessary. file the motion to compel no earlier than 30 days after they receive your original request. you will need to set up a hearing for 21 days after (no earlier) they receive the motion. call the court clerk to verify the timing. So, basically, you could be done in two months. But, if they don't answer the motion (if granted by the judge) then set up another hearing 21 days after that, all with notice to the plaintiff in enough time.

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  • 1 month later...

Ok. I am still in a battle but I am ready to go all 12 rounds and more. I filed the defendants request for proof of documentation. After more than 30 days, I didn't receive anything, so I filed a motion for summary judgement since they had not responded. The judge came back and sent me a letter saying it was set for trial in September and to go to Dispute Resolution as ordered. So we are set to go in 2 weeks. I finally get a response from the lawyers and for every answer to my defendant's request is They have asked for original documention from the Original Creditor and they have the right to supplement. Any suggestions on when I go to Dispute Resolution. I am not going to settle for not one penny. This has been going on for all most a year and if they don't have documentation then to me there is no case and I don't understand why the judge is even allowing this to continue. Sorry, starting to rant a little bit, but nevertheless. I am ready.

Thanks for your help on this.

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