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Answer to Summon TEXAS


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NO ADVISE YOU GET HRE CAN REPLACE AN ATTY IN YOUR STATE..

I AM NOT AN ATTORNEY, AND THE BELOW HYPOTHETICAL EXAMPLE IS BASED ONLY UPON MY UNDERSTANDINGS OF THE LEGAL SYSTEM, WHICH AT BEST ARE VERY LIMITED.....

If they have served you with more than one complaint, answer each complaint fully and separately. Skipping a complaint/allegation is a sign of admission of guilt.

As far as what to write, if you are going pro se, write in your own words why you are not guilty. "Least sophisticated" wording is best in this case. If you believe they are wrong in their allegations, your answer should contain why you believe this. Affirmative defenses should be raised in this answer. (The most obvious being SOL ...) If you are looking for them to validate the debt and their claims, the answer to the summons isn't the place for that…

You may need to get your answer notarized and there may be a certain format it should be in for your particular court. Generally, you can go to the courthouse and get a clerk to tell you the proper format.

All in all, it's not much more than a dressed up letter stating why you do not agree to their complaints..

STEP 1: DV letter to attorney and CA

STEP 2: Answer the summons on time

EXAMPLE:

Comes now(cavazos007's DH)pro-se and for his answer to plaintiff complaint

1) The defendant alledges the affirmative defenses of accord and satisfaction,laches, equitable estoppell....

2)The defendant denies that he owes $11,400? and accruing interest on the revolving charge account purchased by the plaintiff, as set forth in complaint (paragraph # here)

3)that the plaintiff filed this action beyond the applicable statute of limitations defense as a complete bar to plaintiff's complaint.

4) defendant never entered into a business contract with the plaintiff....

5)I deny this is my account, and if it is my debt, I deny that it is still a valid debt and if if is a valid debt, I deny the amount sued for is the correct amount...... (your words are better than mine here, and they need to be tailored to this specific debt)

6) Defendant reserves the right to amend his answer and to assest any addition defenses or necessary counter claims

STEP 3: File an entry of appearance

However, if the debt is legitimate, and you think they won't have too difficult of a time proving it, I would urge you to consider either

1. Finding an attorney to answer your summons and for counsel,

OR

2. After answering the summons, calling them to settle outside of court. The last thing you need is a judgment and attorney's fees piled on top of it...

If you decide to go to court pro se, what constitutes validation, unfortunately will be up to the judge. An FTC opinion letter will be on your side, but not much else…

(The following is just a supposition of what you might expect)………

At this time, after answering the summons and sending DV, you will be waiting for the attorney to contact you with the validation you asked for.

-the attorney will probably send you almost no validation, maybe a printout of the name/address of the OC if you’re lucky… (just my opinion and conjecture)

A few weeks later after sending the weak validation, s/he will start the discovery process and will send requests for admissions, interrogatories, and production of documents, depositions....

Get a step ahead of them by starting the discovery process FIRST, as soon as you receive validation, file your own interrogatories and request for production of documents. When they waiver on those, file a motion to compel on the production of documents. (if they do serve you interrogatories, you must answer them within the time allotted or they will seek summary judgment).

So, again, immediately after you receive validation, start step 4 and beat them to it: you will become a pain in their @$$ right away…

STEP 4: Discovery

Comes the defendant (cavazos007's DH) pro-se pursuant to Texas civil rule [statute # here...] Plaintiff is directed to serve its verified answer, and to produce the requested documents on or before May 18, 2008. [30 days from the date of your request]

Interrogatories:

no 1) state the complete name and address of the original creditor for the revolving account under which defendant allegedly owes the plaintiff (hereafter referred to as 'revolving account' as well as the date plaintiffpurchased the account.

no 2) was the revolving account opened via a written or verbal agreement?

no 3) provide a detailed accounting of the interest, late fee's, contractual obligations for the revolving account, et al.........

no 4) provide a complete list of all witness you plan to call, name and address position within the company and what evidence they might have or give

no 5) provide a complete list of any expert witness you plan to call, and their education, training and what evidence they can offer.

no 6) provide a complete detailed account history for this debt, from the original creditor until purchased by the plaintiff.

no 7) how was this debt purchased?

Request for the production:

no1) produce a copy of the signed written agreement between the original creditor and defendant for the revolving account. Alternatively, produce a audio recording of any verbal agreement for the same.

no2) produce documentation supporting the accounting provided in your response to interrogatory #3.

no3) provide canceled check (front & back) or electronic file transmissions corresponding to and in response to interrogatory#7.

no4) provide documentation of all accounting and price provided in your response to interrogatory #6

no5) produce a copy of the initial communication sent by plaintiff to defendant regarding the debt he allegedly owes on the revolving account. (Dunning letter)

no6) produce copies of charge slips signed by defendant, with the original creditor.

no7)produce all communications between the original creditor and each collection agency that attempted to collect the alleged debt

no8) all other evidence, not requested by the defendant, that plaintiff may use at trial, all phone records, information stored on hard drives or flash drives, and all information stored on: logs, note, tapes, fax, and any notes or witnesses who may be called.

request for admission:

no 1) Please admit or deny this revolving account is an open account as defined under the Truth in Lending act 1602.

no2) please admit or deny that the applicable statute of limitation for an open account is (4)?? years under Texas law.(place TFC statute here)

If they’re going to sue you, they’re going to sue you, and following the above steps is going to take you to trial in front of a judge!!

If they didn’t plan on working that hard to sue you, they will dismiss the case

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After hearing someone gripe and complain about another issue, I decided to look to see what was in the stickies, and under "Is there a lawyer in the house" I saw a sticky that had how to answer different things, but I don't remember the exact title of it.

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I'm thinking this is small claims court because you only have 10 days to respond, right?

A general denial will do. You may include any affirmative defenses and any counterclaims you might have.

Demand documents proving chain of title, statements and affidavits from OC. However, don't expect a formal discovery. You can wait until trial to request all proof and if they don't have it, ask for dismissal.

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I'm thinking this is small claims court because you only have 10 days to respond, right?

A general denial will do. You may include any affirmative defenses and any counterclaims you might have.

Demand documents proving chain of title, statements and affidavits from OC. However, don't expect a formal discovery. You can wait until trial to request all proof and if they don't have it, ask for dismissal.

Actually it's Civil...does this make a difference?

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if you are in district or county court then discovery is more formal and you should prepare your request for admissions, request for disclosures and your request for production of documents.

Make sure you file your answer with the court before the deadline and you serve the other party's attorney a copy of your answer via CMRRR.

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