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North Star Capital Acquisition LLC


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I'm seeking advice on what I need to do...

I received a Civil Citation on Saturday 10-31-09.

North Star Captial (Plaintiff) vs. Me (Defendent)

To the Defendant: you are commanded to appear by filing a written answer to the Plaintiff's petition with the clerk of court at or before 10 o'clock a.m. of the Monday next after the expiration of 10 days after the date of service of the 103 Cititation.

Date Petititon Files 8/17/09

Date Citation Issued: 9/09/09

Nature of demand made by Plaintiff(s): money owed in the amout of $4873.56together with attorneys fees, cost of court, interest as provided by law and general relief. A copy of Petition is attached.


You have been sued, you may employ an attorney. If you or you attorney do not file a written answer with the Clerk who issued this 103 citation by 10:00 am on the Monday next following the expiration of ten days after you were served this 103 citation, a default judgment may be taken against you.

Ok. So I understand I'm being sued by North Star who must of taken the debt from Providian. I did have a credit card with Providian years ago. 9/1999 I guess Chase took it over. On my credit report it shows transfereed, closed. $3,325 written off. Looking back the last payment I made was 8/16/2005.

My question is should I contact a attorney to file the Request for addmission for me or can I do it?? I'm not sure how to answer the qestions.. When I do this do I mail it to the clerk of court or do I have to take it in person.

Request no1: Admit that you the Defendant (hereinafter, also refereed to as "you") entered into an agreement whereby Providian extended credit to you on account number xxx and you agreed to repay Providian for such credit plus any interest and fees charged by Providian (the "Account").

Request No2: ASdmit that you or another with your permission, accepted the credit extended by Providian and utilized such credit for the purchases of goods, wares, merchandise, services or fro cash advances.

Request No3: Admit that you made at least on payment on the Account.

Request No4: Admit that the Account has not been paid, discharges, settled or otherwise compromised.

Request No5: Admit that pursuat to you agreement with Providian, that as of July 9, 2009, the balance due and owing on the account, after all payments, credit and offsets have bee applied, was $4,873.56 (3,498.09 as the charge-off balance, and 1,375.47 in post charge off accrued intrest).

Request No6. Admit that the above-described Account is the same Account which Plaintiff is seeking to collect in this lawsuit.

Request No7: admit that the Account is based upon a written agreement, signed by you, which entitles the holder of the accout to charge interest on the Account ast the rate of 12%per annum until paid.

Request no8: Admit that North Star Capital Acquisition, LLC is the owner of all claims related to the Account.

Request No9: Admit that more than thirty days prior to filing this lawsuit, Plaintiff presented to Defendent a demand for payment of the outstanding blalce of the Account.

Request No10: Admit that you never disputed any charges on the account statements you received from Providian.

Thanks for your help in advance..

Kristina in Texas

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You can easily do this by yourself.

If North Star is the plaintiff and Providian was the original creditor then North Star must have bought the debt from Providian. This would make North Star a JDB.

The first thing you must do is formulate an answer to the complaint. This part is pretty easy. You use the same heading as in the complaint except that in the "entitlement" section you would write "answer to complaint".

Then you either affirm or deny each of the points in the complaint. It looks like you would deny all of the points, otherwise you would be admitting to the debt and the plaintiff will be able to file for a summary judgment.

Next you need to come up with some affirmative defenses. One would be that the debt is not within the SOL. Then you would enter counterclaims for violations by the collector.

You can go here for some examples:


What was sent with the complaint as their evidence? An affidavit and possibly a last statement of account?

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there wasn't anything attached..

I have a question about the SOL..

Yesterday I was going through my bankstatements and I see that last payment I made was in August of 2005. However on my credit report it shows late standing in October of 2005. I don't have any paperwork reguarding any of this being that it is so old. Also I didn't receive a demand for payment letter from North Star either.

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Your credit report is not evidence of your DOFD, and if you have records of it being before then, you are in good. Texas SOL is 4 years across the board from what I remember. Assert that and motion to Dismiss. They are going to have to prove it is within the SOL to survive that motion.

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I hate to ask but can someone send me a sample letter for the Request for Admissions.. I have searched and searched and read alot of info.. But I think I've read so much that I don't want to go overboard.

Also when I do this letter do I just send it to the Clerk of Court via certified mail and a copy to North Star's attorney??



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