Hudson & Keyes LLC Filed a Case Against Me

[SIXPAK GQ]

anyone had any experience with Hudson and Keyes?

who had got sued from hudson?

any luck?

[Fizzle1979]

I've never been sued by this firm. However, I'm willing to give you some advice since you are a fellow Texan.

In Texas a debt collector must have a bond posted with the Texas Secretary of State in the amount of $10,000 in order to collect debt in Texas per the Texas Finance Code. I would search the net for the Texas Finance Code and read it.

You can use the below web site to search for the information if this company has a bond with the state of Texas.

http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

I did a search for "Hudson%" under the principal name and came up with:

Principal Name: Hudson & Keyse LLC # 1

Address: 382 Blackbrook Road

Painesville, OH 44077

File Number: 20040168

Status: Active

Date Filed: 9/16/2004

Cancellation Date:

Phone: (440) 354-6971

Bonding Company: RLI Insurance Company

Bond No: CMS222486

I do not know if you typed the company's name wrong or not in your post, but Keyse is how the bond is listed with the state of Texas. Assuming that the name Keyse is correct and assuming you did not type it wrong...If they are mailing you using the name Keyes...I would consider that misleading. Probably a LONG stretch, but something I would make note of.

If you did type it wrong, it would appear that they have the requirements for collecting debt in the state of Texas.

Good luck!

[SIXPAK GQ]

I've never been sued by this firm. However, I'm willing to give you some advice since you are a fellow Texan.

In Texas a debt collector must have a bond posted with the Texas Secretary of State in the amount of $10,000 in order to collect debt in Texas per the Texas Finance Code. I would search the net for the Texas Finance Code and read it.

You can use the below web site to search for the information if this company has a bond with the state of Texas.

http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

I did a search for "Hudson%" under the principal name and came up with:

Principal Name: Hudson & Keyse LLC # 1

Address: 382 Blackbrook Road

Painesville, OH 44077

File Number: 20040168

Status: Active

Date Filed: 9/16/2004

Cancellation Date:

Phone: (440) 354-6971

Bonding Company: RLI Insurance Company

Bond No: CMS222486

I do not know if you typed the company's name wrong or not in your post, but Keyse is how the bond is listed with the state of Texas. Assuming that the name Keyse is correct and assuming you did not type it wrong...If they are mailing you using the name Keyes...I would consider that misleading. Probably a LONG stretch, but something I would make note of.

If you did type it wrong, it would appear that they have the requirements for collecting debt in the state of Texas.

Good luck!

have you seen my thread in the lawyers chat room? can you help me there?

[SIXPAK GQ]

anyone?

[txsquirrel]

Last year I got a summons from Hudson out of the Dallas area representing Discover. It was the first lawsuit I've had and was I very new to the procedure. I answered the summons then they immediately called me and tried to settle. I wish I knew more about discovery etc., but they were very intimidating and I settled with them for what I'm sure was more that I should have.

I learned alot from that experience and from this site. I guess considering what they are, they were easy to work with. But I bet they are all easy when your giving them your money.

[SIXPAK GQ]

Last year I got a summons from Hudson out of the Dallas area representing Discover. It was the first lawsuit I've had and was I very new to the procedure. I answered the summons then they immediately called me and tried to settle. I wish I knew more about discovery etc., but they were very intimidating and I settled with them for what I'm sure was more that I should have.

I learned alot from that experience and from this site. I guess considering what they are, they were easy to work with. But I bet they are all easy when your giving them your money.

intimidating in what sense? over the phone? to demand money and scare u? all CA's are like that. don't let that get to you. how much were you sued for? were u served? how much did u settle for?

[SIXPAK GQ]

Anyone with hudson?

[txsquirrel]

It was my first confrontation with a summons. I was served by the constable. The suit was for about 2500 and I settled for almost that same amount. They did let me split the payments in two. Not much to say about my negotiating skills, huh. Things would have been done differently today. If you already have a suit with them I'd suggest definately filing everything needed with the court. Follow the Tx Rules of Civil Procedure to the letter. And if necessary, settle. But

[txsquirrel]

just don't let them get you on a technicality. (Sorry hit enter too soon:oops: )

Good Luck.

[SIXPAK GQ]

It was my first confrontation with a summons. I was served by the constable. The suit was for about 2500 and I settled for almost that same amount. They did let me split the payments in two. Not much to say about my negotiating skills, huh. Things would have been done differently today. If you already have a suit with them I'd suggest definately filing everything needed with the court. Follow the Tx Rules of Civil Procedure to the letter. And if necessary, settle. But

not a good deal. You should get alteast 50% discount.

you should have said you were dead broke! and don't have any money!

They can't do anything about it!

[SIXPAK GQ]

just don't let them get you on a technicality. (Sorry hit enter too soon:oops: )

Good Luck.

what do you mean technicality. I have not been served but I am going to court on monday to check the papers.

credit report says $4412 on it but I am sure I am being sued for more then this amount. Not sure how much. any guess?

[SIXPAK GQ]

Last year I got a summons from Hudson out of the Dallas area representing Discover. It was the first lawsuit I've had and was I very new to the procedure. I answered the summons then they immediately called me and tried to settle. I wish I knew more about discovery etc., but they were very intimidating and I settled with them for what I'm sure was more that I should have.

I learned alot from that experience and from this site. I guess considering what they are, they were easy to work with. But I bet they are all easy when your giving them your money.

so what are you suggestions with Hudson for me? I want to settle this for as low amount as possible and work out a long term payment plan

[txsquirrel]

I lost a suit against me in the Justice court because I didn't get everything I filed (answer, request for documents, etc.) notarized. Everything was there and they had nothing, but because I didn't have that stamp they won and got the summary judgment. Thats why I said to read and re read the TRCP. It was in there, I just didn't catch it. If you can settle, then do it. You won't know what that will take until they talk to you. I can't suggest anything because I'm no expert by far, but if you think there's no way around them getting the judgment, then try to do what you can to settle.

What I am sure of is that they probably won't want to wait for payment. It took alot of convincing to get them to split up my payment in two.

I just noticed that you said that you have not been served. How do you know if your being sued? If not, then I would think you would need to follow the validation process. In Texas you can request validation any time and they should conply.

[SIXPAK GQ]

I lost a suit against me in the Justice court because I didn't get everything I filed (answer, request for documents, etc.) notarized. Everything was there and they had nothing, but because I didn't have that stamp they won and got the summary judgment. Thats why I said to read and re read the TRCP. It was in there, I just didn't catch it. If you can settle, then do it. You won't know what that will take until they talk to you. I can't suggest anything because I'm no expert by far, but if you think there's no way around them getting the judgment, then try to do what you can to settle.

What I am sure of is that they probably won't want to wait for payment. It took alot of convincing to get them to split up my payment in two.

I just noticed that you said that you have not been served. How do you know if your being sued? If not, then I would think you would need to follow the validation process. In Texas you can request validation any time and they should conply.

What answer and request for what documents? what is a summary judgement? is that same as default? so u did not respond to ur citation in time? what is a TRCP? I know I am being sued because I have received 2 letters from local attorney office.....it has the docket # on there which matches the court listed on it. i know when it was filed..they said i should be getting served soon. i can do a DV even after being sued? how does this work?

[txsquirrel]

Research the site. After served you will have to file an answer with the court and send a copy to the ones suing you. There is a specific time period to do this. TCRP is the Texas Rules for Civil Procedure.

http://http://www.supreme.courts.state.tx.us/rules/.

Start here and read, read, read. I wouldn't talk to them until you actually have a citation in hand. They could be pulling your leg. A summary judgement is what will happen if you don't file an answer or anything else correctly. The Plaintiff basically asks the Judge to give them the verdict with out the trial. If you don't file an answer they will claim that you have no defence so they should be awarded judgement.

You don't dv after being served. After you answer the summons you are in discovery. I think until 21 days before trial, but I may be wrong. You'll have to check the rules. Basically you have the right to request anything they may have on your account. Statements etc... From what I've read, you admit nothing. Doesn't matter what. It's their job to prove that you owe them.

I am just throwing my opinion. I may be totally off, but check it out yourself. I've found everything on this site. If you look you'll find examples of suggestions for answering a summons and everything else you'll need. This site is great for that. They won't do your work for you, but everyone here can try to point you in the right direction. I would check with the court to see about the docket# or wait for the summons before doing anything else. This will give you time to research.

Fortunately you are in Texas. There is no garnishment, they can't seize your property or arrest you. If you have your house under the homestead exemption it will even be protected from leins. The only thing they can do here is take your checking and savings and mess with your credit rating. I wouldn't talk to the CA at all. Save all letters and if possible record any phone calls. Its okay to do that here. Oh yeah. Has this account hit the SOL. How old is it. If it is four years or older they can't sue you for it. Four years from the last missed payment's due date.

If anything I've said is not correct, please let me know.

[SIXPAK GQ]

Research the site. After served you will have to file an answer with the court and send a copy to the ones suing you. There is a specific time period to do this. TCRP is the Texas Rules for Civil Procedure.

http://http://www.supreme.courts.state.tx.us/rules/.

Start here and read, read, read. I wouldn't talk to them until you actually have a citation in hand. They could be pulling your leg. A summary judgement is what will happen if you don't file an answer or anything else correctly. The Plaintiff basically asks the Judge to give them the verdict with out the trial. If you don't file an answer they will claim that you have no defence so they should be awarded judgement.

You don't dv after being served. After you answer the summons you are in discovery. I think until 21 days before trial, but I may be wrong. You'll have to check the rules. Basically you have the right to request anything they may have on your account. Statements etc... From what I've read, you admit nothing. Doesn't matter what. It's their job to prove that you owe them.

I am just throwing my opinion. I may be totally off, but check it out yourself. I've found everything on this site. If you look you'll find examples of suggestions for answering a summons and everything else you'll need. This site is great for that. They won't do your work for you, but everyone here can try to point you in the right direction. I would check with the court to see about the docket# or wait for the summons before doing anything else. This will give you time to research.

Fortunately you are in Texas. There is no garnishment, they can't seize your property or arrest you. If you have your house under the homestead exemption it will even be protected from leins. The only thing they can do here is take your checking and savings and mess with your credit rating. I wouldn't talk to the CA at all. Save all letters and if possible record any phone calls. Its okay to do that here. Oh yeah. Has this account hit the SOL. How old is it. If it is four years or older they can't sue you for it. Four years from the last missed payment's due date.

If anything I've said is not correct, please let me know.

I was just served this morning. here is the info:

Alright folks, I was served this morning. A guy in street clothes delivered the envelope to my door.

Here is what it says:

Plaintiff Versus Versus <Me> Defendant

The State Of Texas Original Petition Citation

Attached is a copy of petition.

This instrument was filed on teh 26th day of april 2007, in the above cited cause number and court. the instrument attached describes the claim againstyou.

you have been sued. you may employ an attorney. if you or your attorney do not file a written answer with the county clerk who issued this citation by 10am on the monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.

issued and given under my hand and the seal of the said court, at houston, texas, this, 27th day of april, 2007.

Plaintiff's original petition

to the honorable judge of said court:

PARTIES: Plaintiff is Hudson & Keyse, LLC

FACTS: In the usual course of business, plaintiff's assignor, chase manhattan bank, advanced funds to defendant pursuant to credit card #.

DEBT: Defendant defaulted in making required payments pursuant to the agreement which is the subject of thsi suit. The balance due Plaintiff is $6,712.92, after all just and lawful offsets, credits, and payments. Plaintiff has demanded that Defendant pay this amount, but Defendant has not done so.

ATTORNEY'S FEES: Defendant's default has it necessary for plantiff to employ the undersigned attorney to file suit. this claim was timely presented to defendant and it reamains unpaid. A reasonable fee for the attorney's services rendered and to be rendered is $2,013.88.

PRAYER: Plaintiff prays that:

1. defendant to cited to appear and answer herein;

2. plaintiff be granted judgement for $6,712.92 as the amount due pursuant to the subject agreement;

3. plaintiff to granted pre-judgment interest;

4. plaintiff be granted judgment for rendered is $2,013.88 as reasonable attorney's fees;

5. plaintiff be granted judgment for all costs or court;

6. plaintiff be granted judgment for post-judgment interest at the highest rate allowed by law.

7. plaintiff be granted such other and furrther releif, special or general, legal or equitable, as plaintiff may be shown to be justlyu

[SIXPAK GQ]

Research the site. After served you will have to file an answer with the court and send a copy to the ones suing you. There is a specific time period to do this. TCRP is the Texas Rules for Civil Procedure.

http://http://www.supreme.courts.state.tx.us/rules/.

Start here and read, read, read. I wouldn't talk to them until you actually have a citation in hand. They could be pulling your leg. A summary judgement is what will happen if you don't file an answer or anything else correctly. The Plaintiff basically asks the Judge to give them the verdict with out the trial. If you don't file an answer they will claim that you have no defence so they should be awarded judgement.

You don't dv after being served. After you answer the summons you are in discovery. I think until 21 days before trial, but I may be wrong. You'll have to check the rules. Basically you have the right to request anything they may have on your account. Statements etc... From what I've read, you admit nothing. Doesn't matter what. It's their job to prove that you owe them.

I am just throwing my opinion. I may be totally off, but check it out yourself. I've found everything on this site. If you look you'll find examples of suggestions for answering a summons and everything else you'll need. This site is great for that. They won't do your work for you, but everyone here can try to point you in the right direction. I would check with the court to see about the docket# or wait for the summons before doing anything else. This will give you time to research.

Fortunately you are in Texas. There is no garnishment, they can't seize your property or arrest you. If you have your house under the homestead exemption it will even be protected from leins. The only thing they can do here is take your checking and savings and mess with your credit rating. I wouldn't talk to the CA at all. Save all letters and if possible record any phone calls. Its okay to do that here. Oh yeah. Has this account hit the SOL. How old is it. If it is four years or older they can't sue you for it. Four years from the last missed payment's due date.

If anything I've said is not correct, please let me know.

I dont have any property. I know they cannot garnish my wages but I am worried about my bank account. They can go after that right?

I dont think it has passed SOL. Should I call my original creditor to find out?

[txsquirrel]

I don't think legally they can get your bank account without the judgment. Answer the summons and make sure you read everything. Did they include admissions with this. If so do a search and answer that also. I saw that you had another post in the legal area of this board. They probably can help you out better. Just make sure that you answer in time and deny everything. Then you can try to contact them to see if a settlement is possible. Just get the answer in or they will have a default judgment and you have to pay the legal fees etc. basically anything they want.

[SIXPAK GQ]

I don't think legally they can get your bank account without the judgment. Answer the summons and make sure you read everything. Did they include admissions with this. If so do a search and answer that also. I saw that you had another post in the legal area of this board. They probably can help you out better. Just make sure that you answer in time and deny everything. Then you can try to contact them to see if a settlement is possible. Just get the answer in or they will have a default judgment and you have to pay the legal fees etc. basically anything they want.

i know they can go after my bank account if a judgement is filed. what kind of different judgements are there? I have posted the citation in this thread. Were you able to read it? my brothers friend is a lawyer and he recently did a carbon copy case like me a month earlier, he emailed us the letter to reply and told us to use that to reply to the citation in a time. do i need any kind of affadavit? Even if they go after my bank account, they wont find much money, because I will be writing a money order to my brother for most of my cash assets and he will keep my money in his account temporary until the case is resolved. so its stupid that they are sueing me, they are going to lose time and money with this and under no circumstances they can garnish my wages since I live in Texas! I should be mailing my response leter certified mail right?

[SIXPAK GQ]

my mailing adresss shows incorrect in the original plaintiff petition....

i mean the word NORTH should be at the end, not to begin with. Can I dispute this?

[unusualsuspect]

Your response MUST be filed with the court. Sending it to the mail will do nothing for you.

No you cannot dispute the address.

[zfire]

i know they can go after my bank account if a judgement is filed. what kind of different judgements are there? I have posted the citation in this thread. Were you able to read it? my brothers friend is a lawyer and he recently did a carbon copy case like me a month earlier, he emailed us the letter to reply and told us to use that to reply to the citation in a time. do i need any kind of affadavit? Even if they go after my bank account, they wont find much money, because I will be writing a money order to my brother for most of my cash assets and he will keep my money in his account temporary until the case is resolved. so its stupid that they are sueing me, they are going to lose time and money with this and under no circumstances they can garnish my wages since I live in Texas! I should be mailing my response leter certified mail right?

You seem to be forgetting that if they get the judgement, it can and probably will stay on your credit report for up to7/10 years. So even though they will lose time and money,

you will lose the ability to get credit for quite some time. I wish you good luck. but YOU need to get your answer done, and make sure you show up.

SOL in TX is 4 years. I suppose you can figure SOL from your credit reports. Not being able to garnish your wages is a given in TX.

Make sure you do everything everyone has told you here.

[SIXPAK GQ]

Your response MUST be filed with the court. Sending it to the mail will do nothing for you.

No you cannot dispute the address.

I have 20 days. I can write a response and mail it right?

[SIXPAK GQ]

You seem to be forgetting that if they get the judgement, it can and probably will stay on your credit report for up to7/10 years. So even though they will lose time and money,

you will lose the ability to get credit for quite some time. I wish you good luck. but YOU need to get your answer done, and make sure you show up.

SOL in TX is 4 years. I suppose you can figure SOL from your credit reports. Not being able to garnish your wages is a given in TX.

Make sure you do everything everyone has told you here.

as long as my current assets are protected, i am not worried about my credit, it is already ruined. show up where? there is no time and date listed in that citation, they just want a response in 20 days, do i mail this?

they can garnish my bank account right?

[direred]

You seem to be forgetting that if they get the judgement, it can and probably will stay on your credit report for up to7/10 years.

No, a judgment CAN be reported for as long as it's valid; if it's renewed, it can be re-reported.