beeboah Posted November 27, 2006 Report Share Posted November 27, 2006 I am being sued in General District Court, by an Attorney who claims to have proper standing to represent the Original Creditor.Style:Defendant (me)Plantiff (OC) Attorney (so and so law firm)I have been hounding the attorney to substantiate "proper standing" to represent OC, and hounding the attorney to provide the original contract.The Attorney has fallen silent as I hoped. Do I need to hound the OC for it to????I want to prove that the attorney couldn't provide these things. I don't want to screw myself by contacting the OC only to have them provide it!Thanks for any thoughts Link to comment Share on other sites More sharing options...
beeboah Posted November 27, 2006 Author Report Share Posted November 27, 2006 help! This is important. I need to know whom I need to make fall silent. Link to comment Share on other sites More sharing options...
TexasLawyer Posted November 27, 2006 Report Share Posted November 27, 2006 The attorney is just representing the OC and is not a party, correct? If so, you should bone up on the applicable discovery rules. You will likely need to serve requests for production. Link to comment Share on other sites More sharing options...
beeboah Posted November 27, 2006 Author Report Share Posted November 27, 2006 Thanks for your response, but my question remains.I don't know if the attorney has proper standing to represent the OC or is perpetrating a fraud upon the court since they refuse to provide any proof of a client/attorney relationship that proves that they have proper standing to represent the OC. Which is good, because there is some case law out there which says I am entitled to this.In this case, I want to shy away from discovery for the time being and continue with private requests to avoid the potential fudiciary interests of the judge.So for all practical purposes let's pretend that the attorney does have grounds to represent the OC.If the premise of this lawsuit is to continue with private discovery, have I made a mistake by avoiding the OC?This is not to say that I won't consider public discovery later, but as for now I am going to stick to my game plan.Thank you Link to comment Share on other sites More sharing options...
TexasLawyer Posted November 29, 2006 Report Share Posted November 29, 2006 I am not sure that I have a good understanding of your plan. Even so, there might be a rule of procedure in your jurisdiction that allows you to file a motion for the plaintiff's attorney to show his/her authority. There is such a rule in the Texas Rules of Civil Procedure. Link to comment Share on other sites More sharing options...
beeboah Posted November 29, 2006 Author Report Share Posted November 29, 2006 It seems that I now have proof that the attorney is not representing the OC.I'll be posting about it soon. Link to comment Share on other sites More sharing options...
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