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Texas -- Citation and Original Complaint have different Plaintiff's


gottago
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Hello.

My summons consists of a Texas Citation and Original Petition.

I am listed as the Defendant in both, however, the Plaintiff is different in the Citation and the Original Petition.

The plaintiff in the Citation is FIA Card Services, N.A.

The plaintiff in the Original Petition is Discover Bank.

Is this just a clerical error? Or is it something I can use to have it dismissed/or tied up?

Thanks

edit: took out original bank names for personal security purposes. Added original information for clarification.

Edited by gottago
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I'm not aware of any bank named XYZ Card Services N.A. It could be a place holder used by the law firm for the actual bank's name, and they just forgot to put Discover in there. It could also be some obscure subsidiary of Discover Bank that I am unaware of. There are a multitude of possibilities, but at this point, I wouldn't get my hopes up.

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LOL, I've been a victim of ninja editing!

Yeah, if you're dealing with a law firm that does a lot of volume, some poor underpaid and overworked paralegal probably just forgot to change FIA to DB or DFS, or some other similar clerical error. The high volume firms pretty much use form versions of everything, including complaints.

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