dwalt2400

Texas Answering suit to Debt Attorney for Equable

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UPDATE

I filed a Plea to Jurisdiction (shown later down in this thread..thanks to Texasrocker) with my original answer. It shows they havent proven the "facts" of their case they filed originally.

I got a mediation letter from Judge a few days later...its in a sep thread.

Posts 27,28 have the "facts" and questions listed.

10/14 UPDATE on Post 30 re Mediation denial /question. Plaintiff Refuses Mediation

Ill be posting the Discovery and Interrog. later. we have 50 days to answer. I m hoping Plea to jurisdiction will get the Plaintiff to drop suit.

to summarize:

Got served last night by true service in Harris county TXfor plaintiff Equable ascent in Il, with an attny ( debt collection attny in Addison Tx) 4 hours away. They claim all the legalese stuff in the facts section. Have until 10/9th to answer court (I assume it is the admit deny thing). I plan on denying everything per everything I ve read on here. UPDATE: In Harris County, texas it is a GENERAL Denial of everything with no specifity.

I m disabled, cant afford attny and dont make much any how. So they cant take anything of mine. But I still must answer. I told all my creditors when I grew sicker. Never hid it and offered to send docs reports of my shortened life expectancy and 100% disability. UPDATE: Sent a letter of insolvency

No legal defense with that i know, but I never hid from them.

. Wamu sold my card to Chase, I rebelled, cancelled bank accounts, and stopped card use in 08-09. SOL is 4 years here. Equable says it was 12/31/10 charged off. I cant remember what happened then because I became sicker. I was on disability and working part time back then. ( income of 24,000) wamu gave me a card of 5000.00 limit. I never went above 4000.

In clearing credit reports, I got sued by equable, then got a settlement letter for XX0 and 6XXX respectively within one month of debt validation request.

the settlement letter came after they filed suit and hadnt served me.

The papers served the usual legal caselaw.. sounds scary but I m sure thats the point. They want 15 points of discovery/production of documents or phone calls to prove. I cant. whether I dont own it or have no memory or they didnt do it. ( I have traumatic brain injury that is increasing memory loss and on alzheimers meds since 2 years ago at 45.) I plan on denying and asking them to prove it as Brunos posts have suggested.

they also have 27 points they want answered. again the same situation. Examples below:

Like I didnt make any objection to fees or interests or payments ...

( if I admit I did then I admit I own it right? Or if I deny it, wouldnt that disqualify me from same standpoint? cant I deny it saying basically...sez you, prove it?) OR

Defendant made use of the acct as identified in Plaintiffs OP and defined herein to make purchases and or obtian cash advances within four years immediately preceeding this lawsuit was filed

( 8/15/12 filed, served 9/24/12)

Card was supposedly closed 12/10 but I used it only in 08ish. So statute of limitations is in play I think. But I have no records. I want them to prove it to me. How do I phrase that? UPDATE>> CR says last use is 5/2010. I m disputing.

Cindy

Edited by dwalt2400
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You might consider sending them an insolvency letter, a copy of your disability awards letter, and a letter from your doctor. Considering your health status, they may not want to pursue this considering they won't get anything if they do. They won't look very good in front of a judge pursuing someone in your condition, esepcially since your condition makes it almost impossible for you to defend yourself.

The SOL is a defense and yours to prove. I believe I covered this for you in another post.

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Adding:

Court sent example of how to answer the lawsuit, but no "form " per se.

thought this might be reassuring for Houstonians.

Hon XXXXX

Justice oF the Peace

To the Defendant:

You have just been served with notice that you are being sued. When you read the citation( the notice you just received) it instructs you to " appear at on or before 10am on the Monday next after the expiration of ten days from the date of service of citation upon you" THIS IS NOT YOUR COURT DATE< IT IS YOUR ANSWER DATE. ( then it goes on to tell you how to calculate, which still is confusing so I called the court house)

If you wish to deny the charges being brought against you, you may do so in person or in writing in the form of an ANSWER. It maybe a simple statement such as ("Your NAME"), deny each and every, all and singular, the allegations in plaintiffs original petition and demand strict proof there of."

Send or bring in person your answer, alond with the case number to:

My courthouse

addy

attn civil dept.

Your answer must be received by the ANSWER DATE . If you fail to answer, Judgement by default may be rendered against you then or at any time thereafter without further notice by the court.

If you agree with Plaintiff that you owe him the money for which he is suing, you should co ntact the plaintiff and try to settle the case. An answer must still be filed even if you are in settlement negotiations. You may indicate in your answer that a settlement is pending.

After your answer is filed, we will send letters to all parties to determine if mediation is an alternative to a trial setting. Depending on parties responses to mediation, will either set the case for 1. mediation with a trial in the future if mediation fails. 2. mediation with a trial on the same day if mediation fails, or 3. trial by judge or trial by juryif requested and paid the proper fee. ( 5.00 is what I read on the courts website)

IF YOU ARE BEING SUED IN SMALL CLAIMS COURT OR JUSTICE COURT, YOU DO NOT HAVE TO HIRE AN ATTORNEY, BUT MAY DO SO IF YOU DESIRE. ( Their emphasis not mine)

and then addl contact info for questions...

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yep and I appreciate it. re sol.. but again I cant remember much anymore to even fight them. even with an attorney I could assist.

I will try that route regarding the disability with the answer. I guess I would do that in discovery? Or should I attach that in my prelim answer to court?

Some months the doc bill is almost my whole check and I have to have people give me charity to live and eat. which is embarassing. I am learning humility very hard ways.

Edited by dwalt2400
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You might consider sending them an insolvency letter, a copy of your disability awards letter, and a letter from your doctor. Considering your health status, they may not want to pursue this considering they won't get anything if they do. They won't look very good in front of a judge pursuing someone in your condition, esepcially since your condition makes it almost impossible for you to defend yourself.

Do I put this in the first answer or discovery?

The SOL is a defense and yours to prove. I believe I covered this for you in another post.

You had said Chase is 3 yrs, but texas is 4 years. who trumps who in the SOL? and where do I find the info on chase? Does it matter that WAMU had it first?

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Sorry to hear about your health. I've been there, and know how you feel. Just hang in there and don't let the stress get you down. Stress can do more damage than anything, tell them in a letter that all call are inconvenient, to only contact you by us-mail.

Also, make sure that you do not co-mingle disability income with non disability income just in case they get a judgment and try to levy your checking account.

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Sorry to hear about your health. I've been there, and know how you feel. Just hang in there and don't let the stress get you down. Stress can do more damage than anything, tell them in a letter that all call are inconvenient, to only contact you by us-mail.

Also, make sure that you do not co-mingle disability income with non disability income just in case they get a judgment and try to levy your checking account.

I do have a small hobby biz selling off items to stay afloat.. but its an online account with Paypal. I guess they could trace it, but I figure I ll worry about that when and if we get to the court stge/losing etc. but it only brings in a hundred bucks maybe.

I know regarding stress, mine manifests in bad ways since the crime. Not fun. I still am searching for when to put it in the answer. I doubt they want to go all the way through for nothing. I would think they would want to drop me like a rock asap.

Edited by dwalt2400
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Sorry to hear about your health. I've been there, and know how you feel. Just hang in there and don't let the stress get you down. Stress can do more damage than anything, tell them in a letter that all call are inconvenient, to only contact you by us-mail.

thanks for tip on US mail. I ve been cleaning credit and getting dormant accounts contacting me, er attacking me in some cases, and I ve had to yell over their yelling to get them to hear me say stop contacting me. LOL. I had one guy from midland actually demand to know where I heard about SOL and Debt Validations.

Like they have a market on tactics? jeez louise

Cindy

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Case Results of - Texas Credit Card Lawsuit Defense Attorney, Michael Weston

Cindy call this law firm and ask if they do any pro bono work.

800.220.4318 or 713.623.4242

Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.

NOTE: Supplemental Security Income payments cannot be levied or garnished.

Just to be safe you can have your social security income put on a Direct Express credit card.1-888-741-1115

Edited by racecar
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Do any of the paragraphs on their petition say "Account Stated"?

Did they attach any "evidence" to try to prove that they purchased the account such as a bill of sale? If so post the exact words of the bill of sale.

I cant see "account stated". However under Facts:

6.Chase, Wamu issued cc in def name under its acct number xxxxxxxxxxxx674. Def Recd and used the card and thereby became obligated to pay for the charges incurred with the card. Defendants defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to non payment and or charged off to profit and loss on or about Dec 31, 2010. The enire balance on the credit card is presently due and payable in full.

7. The credit account has been assigned to Plaintiff and Plaintiff is current owner of this account. Plaintiff owns all right, title and interest in the credit account.

8. after allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to the Plaintiff by defendant on the Account is 59XX.XX plus interest.

9. the plaintiff has made demand upn the defendants for payment of the amount due ( maybe thats why they sent me the letter requesting settlement of a 6200 debt a month after filing??) The defendants have failed neglected and refused to pay the amount, plus accrued interest, less all lawful offsets, credits or payments is still due and owing.

10.Plaintiff has performed all conditions precedent to filing of this action or all such conditions precedent have been performed or have occurred.

Breach Of COntract

11. Case laws ( regarding the offer of a contract and cites cases)

12. by using and or authorizing the use of credit card defendants accepted the cc contract and became bound to pay for all charges incurred withthe credit card. Def also became subject to all term/conditions of OC cardholder aggrmt.

13. The issuer of card fully performed the contractual obligations by reimbursing merchants who accepted Def card in payment. Prior to date of Charge off monthly bills were sent to Defendant reflecting inter alia all charges incurred with credit card, the monthly due date, and total balance due. Def had duty to submit disputes of charges set forth in statement in writing within 60 days from date of statement. Plaintiff asserts that defendant failure to submit such disputes should be treated as an admission of the account balance So if I didnt dispute it then its mine, and if I do then its mine too??

14 def breached contract by defaulting on payment obligation of cc agreement. In violation of Def promises and obligations under the aforementioned written contract, ( which is not in packet) the defendant breached the contract by wrongfully failing and refusing to pay for the credit advances actually made to the defendant as well as unpaid interest.

( I dont know why it suddenly said advances)

15 breach is approximate 59xx.00 all just and lawful payments credits and offsets have been applied.

(I dont have records of this)

Conditions Precedent

all conditions precedent to plaintiffs claim for relief have been performed or have occured. ( they havent written me until after I tried to clear my credit report)

Miscellany

The Understated attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorneys are debt collectors.

K. Prayer

reasons why they need citation of me and what all I have to pay ( actual damages, pre and post interest, court costs and all other relief plaintiff is due)

then it goes onto to discovery and admissions sections.. but in texas we have 50 days to answer those.

ETA: see post 26 to see the next court documents

Edited by dwalt2400
to link discovery post
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Case Results of - Texas Credit Card Lawsuit Defense Attorney, Michael Weston

Cindy call this law firm and ask if they do any pro bono work.

800.220.4318 or 713.623.4242

wow thanks.

I could give an attorney my FCRA stuff, cus I know I got violated lately haha.

it feels like I got violated Imean, I need a bath after some of those calls.

Yall are great

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Case Results of - Texas Credit Card Lawsuit Defense Attorney, Michael Weston

Cindy call this law firm and ask if they do any pro bono work.

800.220.4318 or 713.623.4242

Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.

NOTE: Supplemental Security Income payments cannot be levied or garnished.

Just to be safe you can have your social security income put on a Direct Express credit card.1-888-741-1115

THANK YOU!! I called and left message to contact... the attorneys on the top of his site are the ones suing me...

Iknew they couldnt get my benefits check, at least after the first one ( I can go back and make them undo their error ( I have a friend thats an attorney rretired that told me it might happen)

Im saving up with deposits from garage sales and so on for my life insurance premium and that looks like income I suppose, so I d have to hang on to cash and use a money order for bills but thats after a judgement I assume. I m not going to borrow trouble right now. One step at a time.

I wondered about that.. So I can opt not to have a bank acct for my benefits and use a card? fabulous!

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ok.. so Im on a downswing right now..

what am I looking for in Mr J's out line? he doesnt sound like he likes people very much.

or maybe just lawyers. hehe

I saw the account stated thing and how they used the agreements as ways to be account stated? maybe I m missing something ( as is so often the case lately LOL) Just point me to the corner to search purdy please Racecar

Grassyass

Cindy

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Don't forget to send all mail CMRRR. Here is some law that pertains to TX plus a bit more:

Texas Debt Collection Laws

Here is an easy violation to catch the CA’s on in Texas:

1. Quote:

392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files

(a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

So this law puts the CA on the hook at anytime you send them a letter disputing the info they have on file. Unlike the Federal FDCPA, which only puts them on the hook once they send the “initial communication” letter. And even then, doesn’t require them to actually respond to the dispute.

And then the next section has the actual time limit imposed.

Quote:

392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files

(B) Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.

-------------------------------------------------------------------------------------------------

Exempt income: This one may help you two, it did me.

If your only income is exempt, you should add the following paragraph to the letter you send:

“Moreover, my only source of income is exempt from collection. I have no income or assets

that can be lawfully collected for an enforceable claim or debt. This letter serves as notice of

the fact that I do not have any assets or income that are subject to collection under the law.

In the event this debt is sold, this letter shall be included in my file to ensure that the buyer

is put on notice of the same. If you or any subsequent holder of this debt attempts to attach

exempt funds in order to collect this debt, you will be subject to wrongful attachment

litigation.”

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Don't forget to send all mail CMRRR. Here is some law that pertains to TX plus a bit more:

Texas Debt Collection Laws

Here is an easy violation to catch the CA’s on in Texas:

1. Quote:

392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files

(a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

So this law puts the CA on the hook at anytime you send them a letter disputing the info they have on file. Unlike the Federal FDCPA, which only puts them on the hook once they send the “initial communication” letter. And even then, doesn’t require them to actually respond to the dispute.

And then the next section has the actual time limit imposed.

Quote:

392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files

(B) Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.

I dont know how to break the quotes yet, forgive me...

I have Lexington Law cleaning up my credit with the bureaus and the negs on report. I ll remind them of this, though they should know it. Thank you.

I did get a form letter from equable after the suit filed, prior to service asking for settlement, I assume this IS NOT proper answer to the 30days? I forwarded it to Lex Law.

-------------------------------------------------------------------------------------------------

Exempt income: This one may help you two, it did me.

If your only income is exempt, you should add the following paragraph to the letter you send:

“Moreover, my only source of income is exempt from collection. I have no income or assets

that can be lawfully collected for an enforceable claim or debt. This letter serves as notice of

the fact that I do not have any assets or income that are subject to collection under the law.

In the event this debt is sold, this letter shall be included in my file to ensure that the buyer

is put on notice of the same. If you or any subsequent holder of this debt attempts to attach

exempt funds in order to collect this debt, you will be subject to wrongful attachment

litigation.”[/QUOTE]

thank you.. I should add this to letters to dect collectors in future dealings. How bout now? should I send this to court answer now or wait til discovery?

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See my posts on answering (specifically posts #4 & #11) in thepennyblack's thread that you posted in, Served yesterday in Texas. Need help with first step while waiting for lawyer, before starting this one.

File the Plea to the Jurisdiction at the same time you send your answer.

Above all stop fretting about what you are going to do if they get a judgment against you! That is not going to happen unless you fail to submit an answer on time. Also it is very likely that you would be deemed judgment proof if everything you said about yourself is true.

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texasrocker, I was told to start my own thread in pennyblacks thread b/c it was too confusing for others because I was posting there. Sorry I dont understand who tells me what.

I am not worried re judgement and yet I am confused as to how to answer the summons due to the wording. I am as sick as I am so no worries when I show up in court, it will be apparent.

Besides, this thread gave some insight I had not read in the 100 or so threads I searched. Your post dealt with travis county court procedure which appears to be a bit different from the Harris County answer form. Maybe I am wrong. But It has a different place for the admit/deny answer portions. and that is also at 50days from service according to my papers.

Thanks for your reply. and concern and tact :)

Edited by dwalt2400
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It is good that you started your own thread, I was just referring you to what I posted there.

What I posted there is not specific to any local court, it is a very general explanation of how to go about submitting an answer anywhere in Texas.

Since they did not attach anything to their original petition to "prove" that they now own the debt, file a Plea to the Jurisdiction at the same time you send your answer. You can title it "Defendant's Original Answer and Plea to the Jurisdiction"

Copy this, word-for-word, and put it in the proper format with the court and case no. information etc. at the top and the paragraph headings centered etc. and deliver it to the court with your answer:

PLEA TO THE JURISDICTION

Grounds for Dismissal for Lack of Standing

This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead, Plaintiff alleges “The credit account has been assigned to Plaintiff and Plaintiff is current owner of this account. Plaintiff owns all right, title and interest in the credit account.“ See Plaintiff's Original Petition, paragraph 7.

There is no allegation or statement as to who was the seller, and there is no way from these pleading to determine if Plaintiff purchased the account from anyone in the chain of title, and no way to determine what rights, if any, the Plaintiff has to bring suit.

A plaintiff who seeks to sue based on rights acquired by an assignment must plead and prove up the assignment. Ceraminc Tile Intern., Inc, v. Balusek, 137 S.W3d 722, 724 (Tex. App, – San Antonio 2004, no pet.); Delaney v. Davis, 81 S.W.3d 445, 448-49 (Tex. App, – Houston [14th district] 2002, no pet.). Plaintiff has not done either.

If Plaintiff is the assignee and rightful owner of the debt, this should be very easy for Plaintiff to allege and prove, yet Plaintiff avoids and dodges the issue, when such issues cannot wait until trial. Without a pleading of an assignment and admissible evidence of the assignment, there is no subject matter jurisdiction and this case must be dismisses. Whether plaintiff has standing to bring this lawsuit is a threshold issue that should be resolved at the onset, and the instant plea to the jurisdiction is a proper means by which to address this threshold question.

Legal Standards for a Plea to the Jurisdiction

The purpose of a plea to the jurisdiction is to dismiss a cause of action without regard to whether the underlying claim has merit. Bland ISD v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). The plea challenges the court's power to adjudicate the subject matter of the controversy. Texas DOT v. Arzate, 159 S.W.3d 188, 190 (Tex.App. – El Paso 2004, no pet.), Axtell v. University of Texas, 69 S.W.3d 261, 263 (Tex.App. – Austin 2002, no pet.).

Standing is a basic requirement of the judicial system and goes directly to the court's subject matter jurisdiction over a case. It may be raised at anytime and, unlike a challenge to a party's capacity to sue, cannot be waived or presumed. Nootsie Ltd. v. Williamson County Appraisal District, 925 S.W.2d 659, 661-662 (Tex. 1996), Continental Coffee Products v. Cazarez, 937 S.W.2d 444 n.2 (Tex, 1996). A plea to the jurisdiction is the proper way to challenge a party's lack of standing. Waco ISD v. Gibson, 22 S.W.3d 849, 850 (Tex. 2000).

The plaintiff must come forward with sufficient evidence to demonstrate that there is at least an issue of fact as to the existence of jurisdiction. Texas Department of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 227-228 (Tex. 2004). The court should grant defendant's plea to the jurisdiction because on the face of the petition, it is clear that the plaintiff is not the original creditor, which therefore puts standing at issue and it is certain that this Plaintiff will not come forward with admissible evidence of standing to bring the lawsuit.

Add that you hereby certify that you sent the plaintiff's attorney via USPS certified mail (his/her name, address, date) a true and correct copy of your answer and plea to the jurisdiction, sign it and print your name, address, and phone number.

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WOW Thanks so much for that very detailed answer.. thanks!!

It appears that SOL is not go to play out..it says I paid 5.26.10 according to experian.

So this is a lifesaver post, thanks again !

Cindy

and the attorney link earlier, made it sound so doom and gloom defending self. I was depressed..cus he charges 1250.00 in payments.. well I could negotiate that in settlements LOL if I had it. I ate so now I feel better and its med time, I mean bed time haha.

thanks yall

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I am finalizing my initial answer to the summons. I will be using the info provided me so kindly yesterday... and a general denial of all ;

according to courts instructions; I can

{MY NAME}"deny each and every, all and singular, the allegations in plaintiff's original petition, and demand strict proof thereof."

the summons has discovery with

facts

production

admit/deny statements ( not questions and some weird like,

15,defendant had a bank a account,

23.def ceased making payments,

24at time def ceased making payments, balance was still owed on the Account,

25.def received a demand letter from Plaintiff or Pl. attorneys prior to this filing of this lawsuit,

26All payments credits deductions in favor of defendant have been applied to the Account.

27.defendant has not received any demands for payment from OC in the 12 mos prior to filing of lawsuit )

I can see how they are trying to lay a foundation to snare me. I am going to have to admit I had a bank account. but I can deny Knowing nothing about their biz practices or that I never got letters. Do I explain or just deny?

Some questions are written in a way that make one sound guilty no matter how you admit or deny. Like:: def is not currently in possession of any applicable terms and conditions and or cardholder agreement for the Account. How do I answer that/ I dont have it . but If I admit it, will that force their hand to submit it? or will it show them they have to produce it? Why are they asking me? they should have a copy and I d like it too. In otherwords, I d like to force their proof out.

and lastly, even though the papers say in Harris County Texas courts, we have 50 days after date of service to answer these, will this hurt me not submitting it now with the answer?

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Filed answer with courts today. Now Im told we wait for mediation . I m mailing letter to attorney tomorrow.

I used the general denial.

and I also included the statute listed earlier

and used a letter of insolvency with a copy of benefits letter redacted ssn# and with my last review letter

However I left out ( accidently) the phrase that I reserve right to amend defenses at later time. But we arent required to answer these things until 50days after service, so I dont know if I screwed up. ( i havent done any production, discovery or documentation yet)

thats when I do the reserve right to amend defenses anyways right?

Much thanks to all the posters I have read in the last 48 hours. and all the stickies. I have a huge word document with c and p of pertinent info I ve gleaned from yalls stuff. Maybe it will help withthe confidence. I will have to have a binder with sections to refer to, since I get so flustered.

I cried at the court clerks office asking a simple question. and the more I try to stop, the more mad I get and the more I cry. LOL

Texas civil Procedure has a section entitled "next Friend" for "minors, lunatics, idiots and people who are mentis no compari?" I read that and thought .. thats ME!! hehe

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dwalt....since you filed your answer with the court....hopefully you will hear nothing else from them and mediation time will come and go. Once I filed my answer with my Plea to the Jurisdiction, I never heard another thing until I received my Case Dismissed letter in the mail this week.

I will keep my fingers crossed that you can be so lucky!

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Don't worry too much about reserving your right to amend, if you need to amend it later just file an "Amended Original Answer." I can't see anything wrong with admitting that you do not have something pertaining to the alleged account but others here may disagree with me.

It appears to me that they are trying to trick you into denying that one and then coming back later to say that shows that you opened the account.

Did you also send in the Plea to the Jurisdiction with your answer? If not get it filed immediately- that will force them into an undesirable (for them) hearing to show proof that they own the debt and save you a fortune in time and research for discovery.

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