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I have recently been sued in TEXAS for by a debt collector for credit card debt. (Totaling about $1300)  I got advice from here to send my answers within 50 days, and I did so, denying pretty much everything. 

 

I was then sent a court date to appear in August.  Any help as to what I do now?  I have heard many times the debt collectors will drop the case depending on my answers.  How will I know if they do this?

 

When I appear in court, will I have to have a lawyer?  I can't afford one, and haven't used one thus far.

 

Please help!

 

 

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1. This forum does not give legal advice.

2. You need to figure out what your Local Rules of Civil Procedure are so you can:

3. Send the plaintiff discovery questions - this will allow you to see what they will be bringing to the trial

4. You need to be proactive and show them that you are not going to roll over.

5. There are plenty of threads on this forum which will provide you with sample motions.

6. Another discovery tool are interrogatories - which are questions you can ask the plaintiff - these can be helpful in determining whether they can document the 3 elements of a valid contract.

7. This forum does not give legal advice.

 

 

 

Also, you may want to answer the following questions:

 

 

1. Who is the named plaintiff in the suit? 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

3. How much are you being sued for? 

4. Who is the original creditor? (if not the Plaintiff) 

5. How do you know you are being sued? (You were served, right?) 

6. How were you served? (Mail, In person, Notice on door) 

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

11. What is the SOL on the debt? To find out: - 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). 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? 
 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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I was then sent a court date to appear in August.  Any help as to what I do now? 

 

You wait until the court date.  You can file a request for a motion for discovery to see what evidence the plaintiff intends to use.  I would HIGHLY recommend you go sit in court for two to three days and observe how the cases are conducted.  That will give you an idea of how it runs.  You do not have to have a lawyer but it does help A LOT.  You can contact your local law school and see if they have a free clinic run by law students who can coach you before the trial.

 

I have heard many times the debt collectors will drop the case depending on my answers.  How will I know if they do this?

 

Do NOT allow the few posts on forums like these where someone has told their story hundreds of times sway you to believe this happens frequently.  While it DOES happen it is not as often as some posters on the forums portray.  That is why I recommend you observe YOUR court in action.  

 

The reality is the plaintiff is hoping the defendant doesn't show up and they get the default judgment.  It is easier on them and they have to prove nothing beyond saying the defendant owes because no one is there to challenge it.  How well you do in the case depends A LOT on how well prepared you are, what documentation the plaintiff has, and the rules of evidence for your state.  Some plaintiffs come only prepared for a default no show defendant and are stymied when confronted by a challenge to their case.  However, that is becoming less frequent as they get an answer to the suit indicating the defendant is likely to show. Worst case scenario is they use that warning to gather what they need to prove the case and you lose.  

 

If they dismiss the case you should get a notice from the court stating it was dismissed and why.  Best case would be a dismissal with prejudice because that means they cannot refile the suit.  Without prejudice and they can refile within the SOL.  Under NO circumstance do you take the plaintiff's word for it that they dismissed the case.  Some slimy lawyers will tell a defendant they dismissed so that the defendant believes they do not have to show up then get the default judgment when they no show.  If you get a phone call stating this immediately contact the court clerk and verify the accuracy of the information.  If the clerk tells you it is dismissed ask for a copy to be mailed to you.  Otherwise SHOW UP.

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I'm sorry, some posters sound so doom and gloom.  It is true that you have to be well prepared.  It is true that some plaintiff's do not want to work on a case very hard, so the evidence they present to win the case is strictly prima facie, meaning if not contested or challenged, the Court will accept that evidence, and rule in the favor of the Plaintiff.

 

Some things you can do now while awaiting for trial.  Defending yourself in a lawsuit against any one is 90% paperwork, study, and 10% court.  If you do your homework, study hard your chances of winning increase.  To start off If I were you I would google "Texas rules of civil procedure", then I would go to those rules and study them.  Study the ones especially related to rules for discovery.  Some states have disclosure rules before any discovery, and some states do not allow discovery unless specifically ordered by the court.  Know what your state allows.

 

If your rules have a disclosure rule, read that rule over and over.  Usually disclosure rules say something to the effect "send everything you have in relation to your case to the other side"  This goes for both sides.  So if you have nothing, you would send the disclosure stating you have no documents, or you have no witnesses, etc.

 

When you get their discovery, you go over each and every piece they plan on admitting into evidence, and if it isn't quite right, you challange it.

Find out what your rules are, and we can direct you as to what your coarse of action might be.

 

I reccomend you read this article by Peter Holland, he is a consumer attorney that wrote an article on how to defend a collection case.  It is written for consumer attorney's but you can apply it being pro se.  In it he tells you how to challange some of the evidence they may have to try and introduce into court. 

 

When you have questions after you have done some of this homework, come back to this thread and post, that way all of your information is kept in one place.  Answer the questions the first poster posted so others can weigh in. :)

 

Here is the article.http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079155

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Thank you for your feedback.  Here is more information on my case:

 

1. Who is the named plaintiff in the suit? Equable Ascent Financial

 


2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel & Hornik.

 



3. How much are you being sued for? $1300 plus court costs.

4. Who is the original creditor? (if not the Plaintiff) GE Capital

5. How do you know you are being sued? (You were served, right?) I was served, and I have a court date set.

6. How were you served? (Mail, In person, Notice on door) Notice on door.

7. Was the service legal as required by your state? Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Tarrant County, TEXAS

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010

11. What is the SOL on the debt? To find out: - 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date Suit served. Court date set.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). 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? I had 50 days.  I responded to the set of interrogatories and other questions they asked.  Equable bought my debt, and our suing me for the full amount of that debt.
 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They did not provide me with any evidence, other than stating they acquired the debt from GE Capital and now own the debt, and want me to pay it to them.

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This is the paper work they served me with, and I have since then, sent my answers.  I was then mailed a court date for August.  As far as discovery questions, do I just send this to there lawyers, and they will be required to answer?  Or do I need to get approval from a judge and have them served papers as well?

 

EQUABLE ASCENT FINANCIAL LLC ·In the Justice Court PR 3 PL 1

ASSIGNEE OF GE CAPITAL CORPORATION

Plaintiff

MY NAME

Defendant(s).

of

TARRANT County Texas

PLAINTIFF'S FIRST AMENDED PETITION & FIRST DISCOVERY REQUESTS

A. Discovery-Control Plan

1. Plaintiff intends to conduct discovery under Levell of Texas Rule of Civil Procedure 190.2 because this

suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees.

B. Parties

2. The address for Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL

CORPORATION, is 1120 W.LAKE COOK RD STE B, BUFFALO GROVE, IL 60089.

3. Defendant, MY NAME  may be served with process at MY ADDRESS

or at such other place as the Defendant may be found.

C. Jurisdiction

4. Plaintiff asserts that the above-named court has jurisdiction over the subj ect matter of this case and the person( s)

of Defendant( s).

D. Venue

5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be

residing in said county at the time of commencement of suit.

E. Facts

6. GE CAPITAL CORPORATION (PREFERRED VISION) issued a credit card in the Defendant's(s') name under

its account number ending in ************5253. Defendant(s) received and used the card and thereby became obligated

to pay for the charges incurred with the card. Defendant(s) defaulted on the obligation to make monthly payments on the

credit card account, and the card was subsequently canceled. The credit card account was subsequently closed due to

nonpayment and/or charged off to profit and loss on or about June 14,2010. The entire balance on the credit card account

is presently due and payable in full.

7. The credit account has been assigned to Plaintiff, and Plaintiff is the 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

Plaintiff by Defendant(s) on the Account is $2,086.66 plus interest.

9. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The

Defendant(s) 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 the filing of this action or all such conditions precedent have

been performed or have occurred.

F. Breach of Contract

11. The issuance of a credit card constitutes the offer of a contract. See, e.g. Bank One, Columbus, NA. v. Palmer, 63

Ohio App. 3d 491,492,579 N.E. 2d 284,285 (Ohio ct. App. 1989). Use of a credit card constitutes acceptance of the

terms of the cardholder agreement, which accompanied the card when issued to the Defendant(s). See e.g., Grasso v.

First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21,150 S.E. 2d 319,320 (1966);

Magnolia Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement

the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the

offer of credit. Feder v. FortunofJ, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d

808,370 N.Y.S.2d 840 (N.Y. County Ct. 1975).

12. By using and/or authorizing the use of the credit card Defendant( s) accepted the credit card contract and became

bound to pay for all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and

conditions of the original creditor's cardholder agreement.

13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted

Defendant(s)' credit card in payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s)

reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The

Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days

from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an

admission of the account balance, since Defendant( s) was/were given both a method and an opportunity to raise such

disputes.

14. Defendant(s) breached the contract by defaulting on the payment obligation ofthe credit card agreement. In

violation of the Defendant(s)' promises and obligations under the aforementioned written contract, the Defendant(s)

breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the

Defendant(s), as well as unpaid interest.

15. Defendant(s)' breach was a proximate cause of actual damages of $2,086.66 plus interest. All just and lawful

offsets, credits, and payments have been applied to the account.

G. Damages

16. Plaintiff seeks damages on its liquidated claim in the amount of at least $2,086.66 plus interest, which is within

the jurisdictional limits of this court.

H. Conditions Precedent

17. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred.

I. Miscellanv

18. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any

information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors.

J. Plaintiff's First Discoverv Requests Attached c

19. Plaintiff is attaching hereto Plaintiff's First Request for Discovery, which is to be served on Defendant along with

Plaintiff's Amended Petition. Plaintiff's First Request for Discovery includes Plaintif:t:,s Reques_~for Disclosure, Request

for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules-of-Civil Procedure 194.3(a),

196.2(a), 198.2(a), and 197.2(a), Plaintiff may serve these discovery requests on Defendant prior to the date

Defendant's answer is due, in which case Defendant must serve its response within 50 days after the date of service

of the discovery request. See Oliphant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.-Dallas [5th

Dist.], 2009)(for the proposition that Plaintiff may attach requests for admissions to its petition); see also Sherman

Acquisitions IL L.P. v. Garcia, 229 S.W.3d 802, 813 (Tex.App.-Waco, 2007, no pet.).

K. Prayer

20. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff

be awarded a judgment against Defendant for the following:

a. Actual damages in the amount of $2,086.66.

h. Pre-judgment and post-judgment interest.

c. Court costs.

d. All other relief to which plaintiff is entitled.

Respectfully submitted;

RAUSCH,STURM,ISRAEL,ENERSON& HORNIK,LLC

By:

ORIGINAL COPY SIGNED

MICHAELR. CASTRO,SBN 24065025

SEUNGW. CHAE,SBN 24047837

SHAUNG. BROWN,SBN 24068023

FALLONHAMILTON,SBN 24059202

JEFFREYS. KRAMER,SBN 24057950

YVONNEMIKULIK,SBN 24070271

MELVINTHATHIAH,SBN24048837

JAMILAB. LLOYD;SBN 24045529

NATHANIALD. KHZ, SBN 24080988

15851 N. Dallas Parkway, Suite 245

Addison TX 75001

Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185

ATTORNEY FOR PLAINTIFF

1486999

Defendant Copy

 

PLAINTIFF'S FIRST DISCOVERY REQUEST

To: NAME

ADDRESS.. .

Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, hereby

serves its First Discovery Requests on Defendant, NAME , along with its Original Petition in the abovestyled

lawsuit. Plaintiffs First Discovery Requests include, Plaintiffs Request for Disclosure, Request for Production,

Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194.3(a), 196.2(a) 198.2(a), and

197.2(a), Defendant(s) is directed to serve written responses to Plaitniff's First Discovery Requests and produce all

requested documents to Plaintiffs counsel of record at RAUSCH,STURM,ISRAEL,ENERSON&HORNIK, LLC, at

15851 N. Dallas Park-way, Suite 245, Addison TX 75001 (Fax: 214-453-0974 within 50 days after the date of serice

of the discovery request.

I. NOTICE REGARDING FAILURE TO TIMELY

RESPOND TO REQUEST FOR ADMISSIONS

In the event Defendant(s) fails to respond in writing to Plaintiffs Request for Admissions within the time

period required under Texas Rule of Civil Procedure 198.2(a), Plaintiffs Request for Admissions shall be deemed

admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2©, and

such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s).

rr. INSTRUCTIONS

1. For any document that no longer exists or that cannot be located, identify the document, state how and when it

passed out of existence, or when it could no longer be located, and the reasons for the disappearance. Also,

identify each person having knowledge about the disposition or loss of the document.

2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2)

the title or heading that appears on the document; (3) the date the doucment was created and/or executed; and (4)

the identity of the author and of the signer of the document.

3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address and

telephone number for the person.

ill. DEFINIT~ONS

The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless the

context requires otherwise:

l. "Plaintiff' shall mean EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION

as well as any of its authorized agents, representatives, officers, directors, employees, attorneys, partners,

corporate agents, subsidiaries, affiliates and/or parent companies.

2. "Defendant", "you" and/or "your" shall mean NAME  as well as any of his authorized agents,

representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates, parent

companies, and/or any other person or entity acting on behalf of and with the permission of NAME

In the event there are multiple defendants in this lawsuit, "Defendant" shall be construed to refer to both the

singular and plural version and shall be inclusive of all named defendants.

3. "Document" means all written, typed or printed matters, and all magnetic, electronic, or other records or

documentation of any kind or description in your actual possession, custody, or control, including those in the

possession, custody, or control of any and all present or former directors, officers, employees, consultants,

accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant

to the subject matter of this action.

4. "Possession", "custody", and/or "control" of an item means that the person either has physical possession of the

item or has a right to possession equal or superior to that of the person who has physical possession of theem.

5. "Person" means any natural person, corporation, firm, association, partnership, joint venture, proprietorship,

governmental body, or any other organization, business, or legal entity, and all predecessors or successors in

interest.

l J

6. "The Account" shall mean the credit account bearing The Original Creditor account number ending in

************5253 made the subject of this lawsuit.

7. "The Original Creditor" shall mean GE CAPITAL CORPORATION (PREFERRED VISION).

Respectfully submitted;

RAUSCH,STURM,ISRAEL,ENERSON& HORNIKLLC

ATTORNEYSINTHEPRACTICEOFDEBTCOLLECTION

By: ORIGINAL COPY SIGNED

MICHAEL R. CASTRO, SBN 24065025

SEUNGW. CRAB, SBN 24047837

SHAUN G. BROWN, SBN 24068023

FALLON HAMILTON, SBN 24059202

JEFFREY S. KRAMER, SBN 24057950

YVONNE MIKULIK, SBN 24070271

MELVIN THATHIAH, SBN 24048837

JAMILA B. LLOYD, SBN 24045529

NATHANIAL D. KITZ, SBN 24080988

15851 N. Dallas Parkway, Suite 245

Addison TX 75001

Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185

ATTORNEY FOR PLAINTIFF

REQUEST FOR DISCLOSURE

Pursuant to Texas Rule of Civil Procedure 194.3 Defendant is requested to disclose within 50 days of service of this

Request, the information or material described in Texas Rule of Civil Procedure 194.2(a)-(l).

(a) the correct names of the parties to the lawsuit;

( B) the names, address, and telephone numbers of any potential parties;

© the legal theories and, in general, the )"ctual bases of the responding party's claims or defenses (the

responding party need not marshal all evidence that may be offered at trial);

(d) the amount and any method of calculating economic damages;

(e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement

of each identified person's connection with the case;

(f) for any testifying expert:

(1) the expert's name, address, and telephone number;

(2) the subject matter on which the expert will testify;

(3) the general substance of the expert's mental impressions and opinions and a brief summary of the

basis for them, or if the expert is .not retained by, employed by, or otherwise subject to the control

of the responding party, documents reflecting such information;

:...., ;.

(A) all documents, tangible things, reports, models, or data compilations that have been provided

to, reviewed by, employed by, pr prepared by or for the expert in anticipation of the expert's

testimony; and

( B) the expert's current resume and bibliography;

(g) any indemnity and insuring agreements described in Rule 192.3 (f);

(h) any settlement agreements described in Rule 192.3 (g);

(i) any witness statements described in rule 192.3 (h).

REQUEST FOR PRODUCTION

Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to the following

Request for Production and to produce the documentation requested therein to Plaintiff through its attorney of record within

50 days after the date of service.

1. Please produce all documents in your possession relating to the Account, including copies of any account statements,

copies of any cards issued on the Account, credit applications, signed contracts, and/or any terms, conditions,

cardholder agreements or any amendments to same.

2. Please produce all communications made between you and Plaintiff and/or The Original Creditor within the four years

immediately preceding the date this lawsuit was filed. Please include in your response a copy of any request for

verification or validation of the Account.

3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The Original Creditor objecting

to or disputing any terms, conditions, amendments, charges, purchases, cash-advances, interest rates, late-fees, over-

Iimit fees and/or any other fees applied to the Account.

4. Please produce copies of any documents reflecting any payments made by Defendant or on behalf of Defendant to

Plaintiff or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please

include in your response copies of any checks, payment confirmations, and/or banking account statements that reflect

payments made to Plaintiff or The Original Creditor.

5. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due

payments, offsets, credits and/or deductions in favor of Defendant have not been applied to the Account, please

produce all documents in support of such contention, including copies of any payments made and/or bank account

statements reflecting payments made.

6. If you contend that Defendant did not owe a balance on the Account to The Original Creditor at the time the Account

was closed, please produce all document in support of such contention.

7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result of identity theft

and/or fraud, please produce all documents in support of this contention.

8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the

Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act or any other Federal

or State statute, including the Texas Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code,

in connection with the Account, please produce all documents in support of your;6tmtention-:

9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false or deceptive

actions with respect to the Account, please produce all documents in support of your contention.

10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect to the

Account, please produce all documents in support of your contention.

11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce all documents upon

which you base such claims.

12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all documents reviewed and/or

relied upon at the time you filed the counterclaims. If an investigation was performed by Defendant's counsel prior

to filing the counterclaim, please provide all documents that were reviewed as part of the investigation that are not

subject to privilege.

13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of limitations, please produce

all documents in support of your contention, including any documents showing when you contend the last payment

was made on the Account or when the last purchase/charge was incurred on the Account.

14. If you have asserted any affmnative defenses in response to this lawsuit, please produce all documents in support of

each affmnative defense asserted.

15. If you contend that Plaintiff is not the current holder of the Account or does not have standing to bring this lawsuit,

please produce all documents in support of your contention, including specifically, any demands or notices received

by you from any other party seeking to collect on the Account.

REQUEST FOR ADMISSIONS

Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions

by admitting or denying the truth of the following statements and serve such written responses on Plaintiff through its counsel

of record within 50 days after the date of service. In the event Defendant(s) fails to respond in writing to Plaintiff's Request

for Admissions within 50 days after the date of service of this Request, Plaintiffs Request for Admissions shall be deemed

admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2( c), and such Deemed

Admissions may be relied upon by Plaintiff in support of its claims against Defendant( s).

Admit or Deny the following Requests:

1. As of the date Plaintiffs Petition was filed Defendant owed Plaintiff $2,086.66 on the Account.

2. Defendant had at least one credit card account with The Original Creditor within the four years immediately

preceding the date this lawsuit was filed.

3. Defendant made use of a credit card account issued by The Original Creditor to make purchases and/or obtain

cash advances within the four years immediately preceding the date this lawsuit was filed.

4. Defendant made use of the Account as identified in Plaintiff's Original Petition and defmed herein to make

purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed.

5. Defendant made at least one payment to The Original Creditor within the four years preceding the date this

lawsuit was filed.

6. Defendant has maintained at least one checking and/or banking account within the four years preceding the date

this lawsuit was filed. : 3

,1

7. Defendant was provided with a copy of the applicable terms and conditions and/or the cardholder agreement for

the Account prior to making use of the Account.

8. Defendant was permitted to use the Account to make purchases and/or obtain cash advances without signing a

copy of the applicable terms and conditions and/or the cardholder agreement for the Account.

9. Defendant is not currently in possession of any applicable terms and conditions and/or cardholder agreement for

the Account.

10. Defendant did not object to the applicable terms and conditions and/or cardholder agreement for the Account

prior to making use of the Account.

11. Defendant has not received any demands for payment from any of the vendors or merchants where Defendant

used the Account to make purchases.

12. The Original Creditor has paid all vendors and merchants for any purchases charged to the Account by Defendant.

13. The Original Creditor permitted Defendant to defer payment for purchases and/or cash advances made on the

Account.

14. Defendant knew he/she would be assessed interest, late-fees, over-limit fees and other fees and/or penalties in

exchange for the ability to defer payment for purchases and/or cash advances made on the Account.

15. Defendant was notified of all applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that

could be assessed on the Account prior to use of the Account.

16. Defendant did not object to any interest rates, late-fees, over-limit fees or other fees and/or penalties assessed on

the Account.

17. Defendant regularly received monthly account statements for the Account from the time the Account was opened

until the time the Account was closed.

18. The monthly account statements received by Defendant for the Account accurately set forth all transactions,

purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted

to the Account.

19. Defendant never objected in writing to any of the transactions, purchases, payments, credits, debits, deductions,

interest rates, late-fees, over-limit fees and/or other fees posted to the Account.

Defendant was notified of all changes and/or amendments to the terms and conditions and/or cardholder

agreement for the Account.

Defendant was notified of any changes to the applicable interest rates, late-fees, over-limit fees and other fees

and/or penalties that could be assessed to the Account.

Defendant has made at least one payment to the Original Creditor for charges incurred on the Account within the

four years immediately preceding the date this lawsuit was filed.

Defendant ceased making payments on the Account.

24. At the time Defendant ceased making payments on the Account a balance remained.owed on the Account.

iv ••

25. Defendant received a demand letter for payment from Plaintiff or Plaintiffs attorney prior to the filing of this

lawsuit.

26. All due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the Account.

27. Plaintiff is the current owner of the Account.

28. Defendant has not received any demands for payment from The Original Creditor in the 12 months preceding the

filing of this lawsuit.

PLAINTIFF'S FIRST SET OF INTERROGATORIES

1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial.

2. Please state the factual basis for any affirmative defenses you have asserted in this hb~****. --j

3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not

requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by

Plaintiff that serve the basis of the counterclaim(s), when they were allegedly committed, and the name(s) of the

person who committed them.

4. If you have filed a counterclaim( s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation

conducted to determine the validity of the such claims prior to filing such counterclaim(s).

5. If you contend that you have received any demands for payment on the Account from any entity other than the

Plaintiff and/or its attorneys within the 12 months preceding the filing of this lawsuit, please identify such entity, the

approximate date the demand was made, and how the demand was made (ie - in writing via mail, over the telephone,

etc.). If you have not received any demands for payment from any entity other than Plaintiff and/or its attorneys

within the 12 months preceding the filing ofthis lawsuit, please answer "NONE".

STATE OF TEXAS )SS.

)

COUNTY OF TARRANT )SS.

VERIFICATION

By signing this document, I hereby swear or affirm, subject to the penalty of perjury, that the answers and responses

included in the foregoing document are true and correct. My signature affixed hereto also confirms that I have personally read

each answer or response and personally affirm them as my own.

NAME , Defendant

Before me, a notary public, on this day personally appeared the above named authorized person known to me to be

the person whose name is subscribed above in connection with the foregoing document and, being by me first duly sworn

declared that the statements therein contained are true and correct.

Sworn to and subscribed before me by Defendant, NAME , on _

Notary Public in and for

The State of Texas

My commission expires:

Defendant Copy

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Learn your states rules of evidence and authentication. Hearsay, business records exception to hearsay, best evidence rule, and the rule of completeness. And yes, as Clydesmom points out; go tot the court and watch some trials. Sit in on someone else's problems and learn how the court operates, you will be at a much higher comfort level when ( and if) your trial day arrives.  

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Salsadancer817

Have you checked to see if EQUABLE ASCENT FINANCIAL LLC has pulled your credit report?

 

If their first communication with you was a summons, I believe they need to send you a dunning letter before they can file suit against you.

 

These guys are Junk Debt Buyers (JDB) - look at the threads regarding these type of debt collector. They are in a weak position to collect from you, but you need to know the rules for what a JDB needs to really have (not just photocopies of statements). They need to show a lot of accounting in order to prove they have standing to sue you.

 

This is not legal advice.

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You said you responded to the first set of rogs and other questions they asked.  Is it the set that you posted up here?  How did you answer them?  If I were you, I would want to send my own rogs and request for documents.  There are alot of examples posted around here, I have some on my thread also.  But what were your responses that you sent?

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Hello-

 

Thanks for your help.  I did respond to all the questions, and sent my answers by certified mail as the court asked me to do.  I basically denied everything because they presented me with no evidence of such debt.

 

I am thinking of possibly hiring a lawyer, I have found a few in Dallas that say they charge a "flat rate" that isn't too bad since my debt is not over $2,500.  I appreciate all the information, but it just all seems so overwhelming, and I don't even know where to start.

 

I work too many hours, and don't have sufficient time to study all the rules and laws, and from what I have read, it's like reading another language! 

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Did you look for a lawyer using the NACA website? This type of lawyer specializes in debt collection laws and would be the best fit for you.

Also, if you can get the collector on violations, the fines could offset the cost of the lawyer.

 

www.naca.net

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I would send some discovery to the plaintiff and see what they have.

Rule 190.2 defines Level 1 cases as those cases in which all plaintiffs affirmatively plead that they seek only monetary relief aggregating $50,000 or less, excluding costs, prejudgment interest and attorney’s fees, or divorce cases involving no children and a marital estate worth no more than $50,000. In Level 1 cases, each party is allotted a total of 6 hours to take all oral deposition testimony. The parties can agree to expand this limit up to 10 hours. Each party can serve on any other party no more than 25 interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. In a Level 1 case, all discovery must be completed during the discovery period, which is defined as beginning when the suit is filed and continuing until 30 days before the date set for trial.

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