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Sued by Midland Funding LLC - Texas


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1. Who is the named plaintiff in the suit?
Midland Funding LLC

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

3. How much are you being sued for?
4,331.73

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

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

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

7. Was the service legal as required by your state?
Yes (as far as I know)

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I spoke with them last may after I found out that they owned my Chase debt. I called to find out info, I did NOT admit to owning this debt, I asked them to send me proof that I owned this debt including all statements and agreements signed by me. I NEVER received any information from them. They threatened to sue me if they did not receive payment in full. I never admited to owning the debt on the phone though.

9. What state and county do you live in?
Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
August 2009

11. What is the SOL on the debt?
4 Years

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).
I was served last saturday. I cant find my case listed online anywhere. I did a search in the texas court system but cant find mine anywhere.

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.
I did, via telephone. ( looking back I should have sent a registered letter )

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 have until next monday. 7 Days.

Complaints for:

1) Breach of Contract

 

2 ) Accounts stated

 

3 ) Damages

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

 

 Chase credit card statement attached ( With all but the last 4 numbers in the acc# XXXXX out. ) There is no itemized information, just a general summery of debt owed.

 

My questions are:

1) I am one month away from the Texas Statute of limitations, I suppose since ive been served, it would be too late for me to argue this point.. correct?

2) I have NO idea where to begin, or how to respond to this.

 

The debt IS mine, $3,300 of it is anyways, the remainding $1,000 are all fee's from Chase.

 

It originally started when chase moved my due date up 8 days, then defaulted to a higher interest rate. When I called them and tried to find out what was going on. They stated that they mailed out a letter to me saying that my due date was being moved up and I had to repspond via mail inorder to keep my same due date. I never received the letter. They moved up the due date which made me late on my payment and they moved the interest up to 29.99%. I paid on this card for 3 years and it never moved from around $3,000. My truck broke down, lost my job and I had to quit paying after MANY attemtps to get them to work with me on the interest rate.

 

Now im in this boat. Please help!!! I have no idea how to respond to this summons.

 

Thank you!!

 

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Zero does your complaint look like this

 

Plaintiff's Original Petition
TO THE HONORABLE COURT:

MIDLAND FUNDING LLC, the Plaintiff, complains of, and for cause of action shows:

A. Discovery Level One.
1. Plaintiff intends to conduct discovery under Level 1 of the Texas Rules of Civil Procedure.
B. Parties and Service of Citation.
2. The Plaintiff is a foreign limited liability company duly authorized to conduct business in the State of Texas.
3. The Defendant is a resident of County NAME, County, Texas, and may be served at the following: xxx
C. Venue
4. Venue is proper in COUNTY NAME County because Defendant resides in this county.
D. Midland's Effort's To Resolve The Underlying Obligation
5. Plaintiff Midland Funding LLC owns portfolios or consumer receivables which it attempts to collect. When working with individual consumers, Plaintiff Midland Funding LLC and its affiliates (collectively,"Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attempts to assess each consumer's willingness to pay, through phone calls, letters, or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments.
6. When Midland contacts consumers, it strives to treat consumers with respect, compassion, and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives.
7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens, Midland must decide then whether to pursue collection though legal channels, including litigation like the present action against Defendant. Although the account is now in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible.
E. Facts
8. Defendant opened an account with Chase card services.. Plaintiff purchased Defendant's debt, and Plaintiff is now owed money from Defendant. Relevant information related to the account are as follows:
ORIGINAL CREDITOR:  Chase card services
ORIGINAL ACCOUNT NO: XXXXXXXXX8106
DATE OF CHARGE OFF: 8/31/2009
CHARGE OFF BALANCE: $3,000,00
F. Count 1 - Breach Of Contract
9. Defendant breached his/her obligation to pay Plaintiff by failing and/or refusing to pay the remainder of the obligation on this account. The breach was material because Defendant did not substantially perform a material obligation- payment- as required under the contract.
10. Demand for payment has been made by Plaintiff, and Defendant has refused and failed to remit the amount of $3,000.00, as well as interest of $710.94, for a total balance due of $3,710.94.
11. Interest on the account continues to accrue at the contractual or legal rate.
12. Plaintiff's injury, which is the extent of the amount owed on the account, was a natural and probable consequence of Defendant's breach.

G. Count 2 - Account Stated
13. Plaintiff is entitled to relief under the common law cause of action of account stated. Transactions between the parties or their predecessors-in-interest gave rise to indebtedness of the Defendant to the Plaintiff. An agreement, express or implied, between the parties fixed an amount due and the Defendant made a promise, express or implied, to pay indebtedness.
H. Damages
14. Plaintiff seeks liquidated damages in the amount of $3,710.94, plus pre- and postjudgement interest as allowed by the contract and/or Texas law.
I. Conditions Precedent 
15. All conditions precedent have been preformed, have occurred, or should be excused.
J. Prayer
For these reasons, Plaintiff asks that Defendant be cited to appear and answer, and that Plaintiff have judgement against Defendant for the following:
a. Actual damages in the amount of $3,710.94;
b. Pre judgment and post judgment interest at the contractual rate or the highest legal rate;
c. All costs of suit;
d. All other relief, in law and equity, to which Plaintiff may be entitled.

 

http://www.supreme.courts.state.tx.us/rules/trcphome.asp

http://www.gaddywells.com/TEXAS_CAUSES_OF_ACTION.html

http://webcache.googleusercontent.com/search?q=cache:dRvWMpMrywQJ:www.law.gonzaga.edu/files/Jarzombek-Defending-Debt-Collection-Suits.pdf+&cd=9&hl=en&ct=clnk&gl=us

 

 

 

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First of all, thank you sooooo much for your responses. I need all the help I can get and am stressing out right now about this..

 

I attached the papers I received. I also received a credit card statement with it, generic, no itemized info and only a PARTIAL account number.

 

Im looking into sending a general denial form to them, trying to figure it all out right now.

 

Thanks so much for your help.

 

 

Law Docs.pdf

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So they did not include a request for admissions?

 

Do not admit to any item pertaining to the account. The only things you should admit to are your name and address and/or one that may say something about that you are not currently in the military.

Caption your answer exactly the same as the complaint that you were served with. The caption will include the name of the Texas court, names of the parties and the cause number with paragraph headings bold and centered etc.

 

File a Plea to the Jurisdiction at the same time you file your answer. Also file a special exception to their "Account Stated" pleading.

 

Write a brief paragraph stating "Comes now the Defendant and files his Original Answer, Plea to the Jurisdiction and Special Exceptions in the above-entitled matter and in support thereof states as follows:

DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS

 

ANSWER

 

1. Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of The Plaintiff's allegations.

 

2. Defendant denies that Plaintiff has standing to assert any claims against Defendant arising out of any debt or obligation
owed by Defendant to the original creitor or any assignee of the original creditor, and therefore does not have standing to
bring this lawsuit.

 

3. Defendant asserts that the claims are barred by the applicable statute of limitations.

4. Defendant asserts that the interest rates charged by the original creditor are usurious.

 

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 "Plaintiff purchased Defendant's debt" See Plaintiff's Original Petition under "Facts" paragraph 8. There is no allegation or statement as to who was the seller, and there is no way from these pleadings 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 dismissed. 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.

(continued below)

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(continued from above)

SPECIAL EXCEPTION TO ACCOUNT STATED

1. Credit Card Cases Are Based on Express Contracts and Cannot Be Brought On Implied Contract Theories Like Account Stated.

The Texas Supreme Court made clear in Truly v. Austin 744 S.W. 2d 934, 936 (Tex. 1988) that a plaintiff may not avoid the terms of its express contract by seeking recovery on an implied contract theory if the damages claimed are covered by the express contract. Credit card cases brought on an account stated theory violate this Supreme Court holding. Credit Card arrangements are governed by express contracts. The only viable cause of action for breach of a credit card is breach of contract. Implied or quasi-contractual causes of action like an account stated cannot be brought on a credit card debt without violating Truly v. Austin.

Texas courts will not imply the existence of contract where an express contract already exists. Fortune Production Co. v. Conoco, Inc.,52 S.W.3d 671 684 (Tex. 2000), Woodard v. Southwest States, Inc., 384 S.W.2d 674 (Tex 1964), Musick v. Pogue, 330 S.W.2d 696, 699 (Tex. Civ App.- San Antonio 1959, writ ref'd n.r.e.). The reason for this rule, as described by the Supreme Court in Fortune Production, is that parties should be bound by their express agreements. When a valid agreement addresses the matter, a party should not be able to recover more than is provided for in the agreement. Id., 52 S.W.3d at 684. "Count 1" of the Original petition fails to provide fair notice as to how The Plaintiff can avoid this express contract in favor of an account stated.

The principle that a plaintiff should not be able to use an implied contractual theory to recover more than his contract authorizes is particularly applicable to credit card cases. Credit card fees and interest rates are heavily regulated. Federal Law mandates comprehensive disclosures of these terms when the account is opened and when the account is amended. See e.g. 15 U.S.C. § 1637©(1)-(7), 12 C.F.R. 225.5-225.16. Credit card plaintiffs should be able to produce these disclosures or otherwise prove the interest rates and fees that their customers agreed to pay. Using an account stated theory to imply an agreement to pay the interest and fees would improperly relieve plaintiff from establishing the amount of interest and fees that were required to be disclosed to the defendant under Federal law, and must have been included in the terms of its alleged express agreement with the defendant.

2. A Credit Card Account Is Not an Account Stated

A credit card account is not an "account" as that term has been used in the common law governing suits on account. A credit card account does not arise out of a course of dealing between two parties engaging in transactions in goods. A credit card account is a multiparty arrangement. Each transaction involves ata minimum, the debtor, a merchant, the merchant's bank, a clearing organization such as Visa, Mastercard, American Express, the card issuing bank and the card issuing bank's credit card processing unit. Every transaction brings a new merchant and merchant bank into the web of transactions that make up the account, with the result that over the term of a credit card account, hundreds of parties may be involved, not just two as envisioned for a common law account. Moreover, the transactions in a credit card account are not merely sales of goods. The account issuer does not sell goods to the account holder: instead, it makes extensions of credit to the account holder or to third party merchants on the account holder's behalf. For these reasons the cause of action for account stated does not apply to credit cards.

An account stated is merely an open account that has been closed because the party charged has agreed that the account is correct. Whittlesey v. Spofford 47 Tex. 13, (Tex. 1877), Wroten Grain & Lumber v. Mineola Box Mfg. Co., 95 S.W. 744 (Tex Civ. App.-1906), Padgitt Bros. Co. v. Dorsey, 194 S.W. 1124, 1126 Tex Civ. App.- El Paso 1917, no writ). An open account is an implied claim that arises from the course of dealing between two parties who engage in a series of transactions in which title to goods passes from one to the other. McCamant v. Batsell, 59 Tex. 363, 367-369 (Tex 1883), Livingston Ford Mercury, Inc. v. Haley, 997 S.W.2d 425, 427 (Tex App.----Beaumont 199, no writ).

Over a century ago in McCamant v. Batsell, 59 Tex. 363, 1883 WL 9175 (Tex. 1883), a case that has never been overruled, The Supreme Court construed the word “account” as it is used in this context as limited to suits arising out of relationships in which title to goods was transferred from the plaintiff to the defendant and further excluding suits in which the rights of the parties were defined by a written agreement.

In McCamant, a suit on a promissory note, the plaintiff sought to make use of the then existing statute governing suits on account, which like current Rule 185, set up abbreviated procedure for resolving disputes involving such suits. Unlike the current rule the statute did not enumerate the kinds of action that could be brought as suits on account. The Supreme Court construed the meaning of the term “account” in the statute as being consistent with the common law meaning of the term:

“As used in the statutes of this state, in the act referred to, we believe that the word “account” is used in its popular sense, rather than in a technical sense, and that it applies to transactions between persons in which, by sale upon one side and purchases upon the other, the title to personal property passes from one to the other, and the relation of debtor and creditor is thereby created by general course of dealing.”

The Court also ruled that the plaintiff’s suit against the maker of a note and his sureties could not be brought as a suit on account or an open account because it did not arise out of the course of dealings between a buyer and seller, but was based upon a written agreement in which all the terms were fixed and certain. Id., 1883 WL 9175 at 6.

The Supreme Court reaffirmed the holding of McCamant in Meaders v. Biskamp, 316 S.W.2d 75 (Tex. 1958), in which The Court distinguished a suit on an account from a suit based upon an express contract for purposes of awarding attorney’s fees. The then applicable language of Tex. Civ. Stat. Art. 2226, the predecessor to Tex. Civ. Prac. & Rem. Code Ch. 38 permitted an award of attorney’s fees for a suit upon a sworn account but did not include the present language authorizing fees in a breach of contract case. The Meaders court, citing McCamant held that a suit founded upon a written contract for the drilling of an oil well was not a suit on account because the relationship of debtor and creditor did not arise from a course of dealing but from a contract. Id., 316 S.W.2d at 78

The classic statements of the elements of the account stated cause of action expressly draw a distinction between suits that grow out of a course of dealing and suits that grow out of an express agreement. For example, in Central Nat. Bank of San Angelo v. Cox, 96 S.W.2d 746, 748(Tex. Civ. App.—Austin 1936, writ dismissed), the court said:

“The cases are legion on what constitutes an account stated. In general the essential elements involved are: Transactions between the parties which give rise to an indebtedness of one to the other; an agreement, express or implied, between them fixing the amount due; and a promise, express or implied, by the one to be charged, to pay such indebtedness. 1 Tex.Jur. p. 371 et seq.; 1 C.J. 678; 1 Am.Jur. 272; 1 C.J.S., Account Stated, p. 693.”

The first and defining element of the claim is existence of a debtor-creditor relationship that arises from a series of transactions—from a course of dealing, not a contract. This element is identical across all suits on account, whether open, sworn or stated. While the other elements of the claim do reference an agreement, the subject matter of the agreement is not the creation or terms of the debtor-creditor relationship, but the acknowledgement, after the transactions that gave rise to the relationship have occurred, of the amount due and the obligation to pay.

Recent court of appeals decisions allowing a stated account on a credit card have overlooked these Texas Supreme Court authorities and instead are based upon mere dicta from a footnote in a decision out of the Dallas court of appeals. In a footnote in that case, Dulong v. Citibank (South Dakota) N.A., 261 S.W.3d 890 (Tex.App.----Dallas 2008) the court stated that a sworn account requires the passage of title and is thus not proper tool for a credit card case but noted that it differs from an account stated in this regard. But neither that decision nor any of the other appellate decisions that have followed it have explained how they reached this conclusion. These decisions are utterly devoid of any analysis or legal authority on the issue, and none of them discuss McCamant v. Batsell. These decisions are simply contrary to Texas Supreme Court authority.
 

REQUEST FOR DISCLOSURE

Pursuant to Texas Rules of Civil Procedure 194, Defendant requests that Plaintiff disclose within 30 days of the service of
this request, the information or material described in Rule 194.2(a) through (l).

Wherefore, premises considered, Defendant prays that the Court grant his Plea to the Jurisdiction, grant his Special Exception,enter judgment in his favor and against Plaintiff, that Plaintiff take nothing, that the Court assess costs against Plaintiff and award Defendant all other relief to which he is entitled.

Respectfully Submitted,
<Signature, printed name>

 

 

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 Defendant's Original Answer, Plea to the Jurisdiction and Special Exceptions. Sign it and print your name, address, and phone number.

You should have three separate pages- one for your answer, one for the Plea to the Jurisdiction and one (or two if it is too long for one page) for the Special Exceptions & Request For Disclosure.

 

I will get to work on Discovery.
 

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Fist, thank you SO MUCH for your detailed answer, it really helps alot.

 

So they did not include a request for admissions?

 


 

3. Defendant asserts that the claims are barred by the applicable statute of limitations.
 

No, they did not include a request for admissions, I scanned everything I received except for the Chase statement.

 

Also, as far as I am aware the lawsuit was filed before the statute of limitations could be put into effect, its not until next month when it makes 4 years since the last payment. Should I still include this in my answer?

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Yes.  Always claim SOL if it is even close.  There is a very good chance that they have no proof of when the last payment was made and it will cost them time and money to try to find out.  They hate anything that makes them have to get up off there lazy butts.  Worst case- the claim could be denied, nothing else.

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Ok great, thanks for the fast answer.

 

I am working on the documents right now.

 

As far as the Plea to the jurisdiction and special exemptions, I don't need to make the header with all of the court information on it like I do with the general denial? It can just be simple letter format correct?

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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 Defendant's Original Answer, Plea to the Jurisdiction and Special Exceptions. Sign it and print your name, address, and phone number.

 

Do I create a separate page for this, or include it at the bottom of the request for disclosure? sorry if its a stupid question, just want everything to be perfect.

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<Create numbered paragraphs correlating to each allegation found in the complaint. For each paragraph state "Defendant denies the allegation found in paragraph one of Plaintiff's Complaint" and so on for each allegation. (You should put "Admit" after one that says your name and address)>

 

 

 

Ok, so I am filling out the General Denial right now.

 

I'm not quite sure where this begins.

 

Its numbered and lettered A-J and 1-15.

 

Do I begin at A1, or F9 ( where the counts begin? ) Do I have to respond to each numbered paragraph 1-15? Sorry, just a little confused.

 

Thanks!!!!

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You only need the case number, court info and parties to the lawsuit at the top of the first page.  Everything after that is centered in paragraphs like what you received from them. 

 

I overlooked the fact that yours were lettered instead of numbered.  Don't bother answering all of those as the general denial will cover them.

If they send a request for admissions you do need to answer each and every one of them within 30 days (sometimes they will specify 50 days)

 

The certificate of service paragraph can be on a separate page or if there is room for it at the bottom of the last page of everything else then that is fine too.

 

Proofread everything you type over and over again.  Example: Already I see you are referring to "Special Exception" as "Special Exemption"

 

Get it filed with the court as soon as possible- by far the worst thing you can do at this time is procrastinate.  Don't be late!

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You only need the case number, court info and parties to the lawsuit at the top of the first page.  Everything after that is centered in paragraphs like what you received from them. 

 

I overlooked the fact that yours were lettered instead of numbered.  Don't bother answering all of those as the general denial will cover them.

If they send a request for admissions you do need to answer each and every one of them within 30 days (sometimes they will specify 50 days)

 

The certificate of service paragraph can be on a separate page or if there is room for it at the bottom of the last page of everything else then that is fine too.

 

Proofread everything you type over and over again.  Example: Already I see you are referring to "Special Exception" as "Special Exemption"

 

Get it filed with the court as soon as possible- by far the worst thing you can do at this time is procrastinate.  Don't be late!

Ok great, thanks for your answer.

 

So since I dont have to number anything, one paragraph for the general denial is sufficient? Could I just use the 3 points that you typed in your original repsonse to me?

 

Thank you for pointing out my mistake, i will be sure to go over EVERYTHING before I submit it, I will probably post it here too before I send it off.

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I don't know what you mean by "three points."  Just do everything I said with the exception of, "Create numbered paragraphs correlating to each allegation found in the complaint. For each paragraph state 'Defendant denies the allegation found in paragraph one of Plaintiff's Complaint' and so on for each allegation."  as the general denial will cover all of those.

 

I will go back now and edit that part out if that will make it any easier. 

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I don't know what you mean by "three points."  Just do everything I said with the exception of, "Create numbered paragraphs correlating to each allegation found in the complaint. For each paragraph state 'Defendant denies the allegation found in paragraph one of Plaintiff's Complaint' and so on for each allegation."  as the general denial will cover all of those.

 

I will go back now and edit that part out if that will make it any easier. 

 

 

 

"

1. Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of The Plaintiff's allegations.

 

2. Defendant denies that Plaintiff has standing to assert any claims against Defendant arising out of any debt or obligation

owed by Defendant to the original creitor or any assignee of the original creditor, and therefore does not have standing to

bring this lawsuit.

 

3. Defendant asserts that the claims are barred by the applicable statute of limitations.

4. Defendant asserts that the interest rates charged by the original creditor are usurious.

"

By 3 points I meant the 1-4 answers that you wrote above. Regarding the #4 answer, isnt this an admission of the debt? I mean, its basicly stating that I owned a chase credit card? Forgive me if im wrong.

 

I have most of the letter completed, ill post it here once im sure of this last little bit...

 

thanks so much for your help...  I owe you a few beers or a paypal donation atleast lol.

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By 3 points I meant the 1-4 answers that you wrote above. Regarding the #4 answer, isnt this an admission of the debt? I mean, its basicly stating that I owned a chase credit card? Forgive me if im wrong.

 

I have most of the letter completed, ill post it here once im sure of this last little bit...

 

thanks so much for your help...  I owe you a few beers or a paypal donation atleast lol.

It is not an admission at all- they showed you the statement from the alleged OC and you said, "What the hell?

39.99%?  I would never have had that account!!"

 

I have not had a drink for over twenty years and do not accept donations. If anyone here did it would be illegal.

 

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The threads, articles and links on this forum are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

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It is not an admission at all- they showed you the statement from the alleged OC and you said, "What the hell?

39.99%?  I would never have had that account!!"

 

I have not had a drink for over twenty years and do not accept donations. If anyone here did it would be illegal.

 

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The threads, articles and links on this forum are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

ok, thanks for your response. Ill get this finished and post it here later today.

 

On a side note, congrats on the not drinking, I should do the same. And thank you for your free help. Very much.

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Delete the "respectfully submitted" part that you placed after the general denial.  It belongs at the end where you added it a second time.  Be sure to include your printed name, address and phone number below your signature.  I once heard of an answer or motion being tossed out because the defendant failed to list his phone number.  Other than that it should be fine. 

 

Get it into the court immediately.  Make an extra copy of the first page and ask them to file-stamp it for you.  If you are mailing it include a SASE envelope and a letter to the clerk of court asking them to file-stamp the copy and mail it back to you.

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great, thanks. edited as you specified and Ill be sending it off to the lawyer today.. Ill hand deliver it to the court in the morning, just to make absolutely sure they cant pull anything since its due in by 10am on Monday.

 

ill post here the results.. thanks for all of your help.

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ok great, ill buy it today. Im working on the Discovery right now. Ive fallen a bit behind this week with work and have not had a minute to work on it.

 

1.Where it says "undersigned" on the first page, do I put my name where the black boxes are?

 

2.On page two under "certificate of service" it says " a true and correct copy of the foregoing was served [blank] on the following: [blank] . what am I supposed to put into those blanks?

 

3.Do I sign my name twice on page 2? under respectfully submitted AND below the Certificate of Service line?

 

4.Do I have to mail a copy of this to the court as well? or just the Plaintiffs lawyer?

 

Thanks!!!!

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