Txguy Posted July 31, 2007 Report Share Posted July 31, 2007 1. Who is suing you? Hudson & Keyse, LLC Plaintiff2. For how much? $14,317,083. Who is the original creditor? Discover Card4. How do you know you are being sued? Received a letter from American Mediation & Alternative Resolutions on 7/27/2007 offering a limited power of attorney appointment to mediate or arbitrate a resolution.5. How were you served? Two hours later on 7/27/2007 after receiving the above letter in the mail someone banged on my door at home. The lady who gave me the summons was from a private server of process. I did not sign anything nor was asked to. Were you served? Yes6. What was your correspondence (if any) with the people suing you before you think you were being sued? None7. Where do you live? Texas8. When is the last time you paid on this account? Last full minimum payment was 12/3/2002. I made 4 partial payments of $100 each on 1/3/2003, 2/4/2003, 3/4/2003, 4/2/2003. I also made 4 partial payments of $10 each on 5/2/2003, 6/3/2003 and 9/5/2003. Since then no payments partial or otherwise have been paid.9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). I have 20 days to respond from the date of service of this citation. The citation was delivered on 7/27/2007.10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No12. Does your summons require a response? (Look hard!) Yes If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?PARTIES: Plaintiff is Hudson & Keyse, LLC assignee of Discover Bank13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits?Just an affidavit. See the links above.14. What is the SOL on the debt? Texas is 4 years, Since I didn't make full payments as listed above would this apply or not?I am unemployed and am currently in poor health. I do not have the money to pay for an attorney nor do I have anyway of paying anything towards a settlement. Any help in providing a response would be very much appreciated. I am lost and do not know what I should do. Thanks in advance for your time.TXguy Link to comment Share on other sites More sharing options...
txtrouble Posted July 31, 2007 Report Share Posted July 31, 2007 Hi,You are correct on the SOL. Not many states are like this, but in TX, partial payments do NOT reset SOL. The SOL is only reset if the account is brought to current. So I would imagine SOL would be a defense for you. Other more experienced members will chime in but I am pretty sure you can use the SOL defense since you didn't bring your account current with partial payments. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 31, 2007 Report Share Posted July 31, 2007 Hi,You are correct on the SOL. Not many states are like this, but in TX, partial payments do NOT reset SOL. The SOL is only reset if the account is brought to current. So I would imagine SOL would be a defense for you. Other more experienced members will chime in but I am pretty sure you can use the SOL defense since you didn't bring your account current with partial payments.I'm not sure if making a partial payment in TX restarts the SOL, but in most cases you need to make enough payments to bring the account current in order to reset the DOFD (date of first delinquency). Regardless of if this is the case in TX, I would include TIME-BARRED claim as your defense. They must PROVE you made any payments that would have reset the SOL. My feeling is that you have a pretty good defense. I'm sure there will be lots of Texans here to chime in and give you some idea. Link to comment Share on other sites More sharing options...
Txguy Posted July 31, 2007 Author Report Share Posted July 31, 2007 Hopefully some kind person will be able to help me get a response together. Thank you so much for taking the time to read and comment. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 31, 2007 Report Share Posted July 31, 2007 TXguy, did you get my PM? Link to comment Share on other sites More sharing options...
mstrey12 Posted July 31, 2007 Report Share Posted July 31, 2007 I would suggest getting a good consumer law attorney. I received a summons from Hudson & Keyes in June 2007 - I immediately hired an attorney. I just won my case, $6500 dismissed - there is hope against this JDB. Link to comment Share on other sites More sharing options...
Mrfreespeech111 Posted July 31, 2007 Report Share Posted July 31, 2007 I would suggest getting a good consumer law attorney. I received a summons from Hudson & Keyes in June 2007 - I immediately hired an attorney. I just won my case, $6500 dismissed - there is hope against this JDB. I would suggest saving yourself some money and defend yourself, they go away pretty easy I did it, they withdrew By the way Mstrey, how much did that lawyer cost you if you dont mind telling. Link to comment Share on other sites More sharing options...
Txguy Posted August 1, 2007 Author Report Share Posted August 1, 2007 I would love to be able to afford an attorney but right now I'm doing good to scrape my car payment together. This problem coming up is poor timing.Anyone know any Law students/or very Low Cost attorneys in the Dallas/Fort Worth area?Thanks for your suggestions. I need to get a response compiled soon. Link to comment Share on other sites More sharing options...
Fizzle1979 Posted August 1, 2007 Report Share Posted August 1, 2007 Do a search for Bud Hibbs. www.buhibbs.com He might be able to help you and if not, he can suggest a naca lawyer to help you I'm sure. Link to comment Share on other sites More sharing options...
Txguy Posted August 3, 2007 Author Report Share Posted August 3, 2007 Anyone else have any suggestions or could possibly help me with the reply? Thank you. Link to comment Share on other sites More sharing options...
IHateCAs Posted August 3, 2007 Report Share Posted August 3, 2007 Anyone else have any suggestions or could possibly help me with the reply? Thank you.Speak with an attorney.If you think you're having trouble financially now, imagine your situation with a $14,000 judgment hanging over you. Link to comment Share on other sites More sharing options...
Txguy Posted August 3, 2007 Author Report Share Posted August 3, 2007 I contacted Bud Hibbs, he referred me to a Fort Worth Attorney. He quoted me $950 to defend me on this. If I had $950 it would be great but all I can scrape up is $300. I need a cheaper solution. Two other Attorneys never called me back. Link to comment Share on other sites More sharing options...
IHateCAs Posted August 3, 2007 Report Share Posted August 3, 2007 $950 < $14,000 Link to comment Share on other sites More sharing options...
IHateCAs Posted August 3, 2007 Report Share Posted August 3, 2007 A cheaper solution would be defending yourself, but buyer beware. Not saying its impossible and many before you have learned on the fly after being sued, but if you can make whatever arrangements you can to hire a good lawyer, do so.Pretty good ROI. Link to comment Share on other sites More sharing options...
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