after filing answer

[bird]

I filed my answer today and the county clerk told me that I should mail a copy of my answer to NCO, the company that is suing me. I asked her what the next move was and she said it was up to me or NCO. After NCO received my answer it would file for a trial.

Can I file for a request of document production on NCO's part right now? Or do I have to wait for them to move? The County Clerk also told me that NCO would notify me of what it wanted to do next and that I would have to watch the mail.

Is this standard for others? I know the Rules of Civil Procedure vary from state to state. It's a bit confusing for me to read the TX Rules of CP though.

Thanks for any advice.

[nascar]

Can I file for a request of document production on NCO's part right now?

What do you want them to give you?

[bird]

I'd like to get the original signed copies of the cc agreement, the transactions, and what interest rate was used and how.

[nascar]

Can I take this a bit further?

What do you hope to gain by getting a copy of the original agreement?

What would you gain by having copies of all the transactions?

The original agreement you are seeking would have information on interest rates.

The reason I'm asking is because IMO having that information or not is of no use to you in your lawsuit. By asking for this stuff, which won't help your case, you'll open the door for the plaintiff to pound you with their own discovery requests. You can get all that information yourself.

If you're going to go after something, go after something important; something that the other side knows will win the case for you if you get it.

[bird]

The reason I would want this information is b/c NCO is not the oc. How do I know that NCO actually owns the debt? Also if they don't have the documentation to proved they own the debt, isn't that a defense?

Thanks for the imput.

[nascar]

The reason I would want this information is b/c NCO is not the oc. How do I know that NCO actually owns the debt? Also if they don't have the documentation to proved they own the debt, isn't that a defense?

Thanks for the imput.

There you go!

You get the bill of sale or notice of assignment and attack THAT. Who cares about the original agreement or copies of your transactions. That will just prove to the judge that you had an account and charged stuff on it. If you challenge their ownership in your answer, they'll have to prove it. If you don't, they won't.