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I won!!! JDB didn't show up to court! Thank You Texasrocker! ---- Help Please!! Re: "Answer" to the court. Being sued by Midland Funding in TX


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I was served a citation/petition and my answer to the court is due by Monday 8/12 at 10am. I spoke with TX Legal Aid over the phone to apply for legal assistance (qualified). I was told to file an "answer" with the court. I found a general "Answer" template for doing so on a TX legal help site. See Below. I know that I made two mistakes. My question is are the two mistakes repairable?

 

First, the "Answer" below does not appear to be adequate compared to what I have read on this site although the legal aid person I applied with said it is fine and it looks similar to the "Answer" form template the clerk tried to offer me to fill out. Second, I went to file it today at the courthouse and I think the clerk gave me misleading information. The clerk said to "only sign my name below "respectfully submitted", AND do NOT sign my name below the Certificate of Service". When I questioned her about not signing and dating my name under "Certificate of Service" because I needed her to stamp my original and two copies to mail CRRR to the Plaintiff. She said NO that is where the girl that handles these forms "signs". I asked for clarification as I told her, "I thought it was the defendants responsibility to provide a copy to the Plaintiff." After I got to a computer I looked it up and indeed TX Law Help clearly stated that I was correct, not the Clerk. Can I resubmit an "Answer with the court today since the deadline is not actually until Monday 8/12 at 10am? If so, can anyone direct me to the appropriate link or provide me with the right "Answer" form to resubmit? 

 

CAUSE NO. XXXXXXX

 

MIDLAND FUNDING LLC                                   }           IN THE JUSTICE COURT

                                                                            }

               PLAINTIFF                                           }

                                                                            }

v.                                                                         }             PRECINCT 4 PLACE 1

                                                                            }

                                                                            }

Defendents Name                                               }

                                                                            }             MONTGOMERY COUNTY, TEXAS

 

 

 

Defendant’s Answer

 

TO THE HONORABLE COURT:

 

 

My name is ********** ***********, the Defendant in this Case.I enter a general denial. I request notice of all hearings in this case.

 

The last three numbers of my driver’s license number are 2 5 0 . My driver’s license was issued in Texas.

 

I understand that I must let the Court, the Plaintiff’s lawyer (or the Plaintiff if the Plaintiff does not have a lawyer), and any other party or attorney of record in this case know in writing if my mailing address changes during this case. If I don’t, any notices about this case will be sent to me at the address on this form.

 

I pray that Plaintiff take nothing by this suit, for costs of court, and for such other and further relief, at law or in equity, to which I may be justly entitled.

 

Respectfully submitted,                           August 7, 2013

 

Defendants Name                                  (XXX) XXX-XXXX

Defendants Address

                                                      

                                                            

                                                             Certificate of Service

 

I certify that I sent a true copy of this Answer to all parties in this case on the date listed below. I sent the Answer by certified mail return receipt requested, by fax, or by personal delivery. If a party is represented by an attorney I sent the Answer to the parties’ attorney.

 

Defendants Signature                                                     Date              

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Sorry my computer went wacky. You can file an amended answer on Monday. As long as you send a copy CMRRR to the atty it is okay if you did not sign you did as you will have your green card and a time stamped court copy to prove you did. In my state as long asyou admit or deny everything in their complaint you should be fine. But again if you want a Re-Do on the answer you can file it on Monday.

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Sorry my computer went wacky. You can file an amended answer on Monday. As long as you send a copy CMRRR to the atty it is okay if you did not sign you did as you will have your green card and a time stamped court copy to prove you did. In my state as long asyou admit or deny everything in their complaint you should be fine. But again if you want a Re-Do on the answer you can file it on Monday.

 

What is a "green card"? 

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Crikey it is too late. I meant you can file it tommorrow.  On vacation thought it was the weekend lol

It would really help if you go to the pinned section and the last one is questions to answer. It  is really hard to help when we can't see the whole case so far.Once you answer theose questions more people will chime in. Especially ones that have not had maybe one drink.

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When you go to the post office  to send the atty the answer or any form or motion etc you send it Certified mail return receipt requested. That proves they got it and they send the green card back to you. you staple the receipt from the P.o for your reimbusement and I put a stickey note on each green card for what it was for.

Like answer, Disclosure, Motions etc. It is your proof you sent it.

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Jeez, Midland is getting busy with their cookie-cutter template here in Texas.

Two can play that game...

 

Do exactly as I explained in this thread (editing the specific information accordingly from your case of course)

http://www.creditinfocenter.com/community/topic/321111-sued-by-midland-funding-llc-texas/

 

Add the word "amended" in the title like this: DEFENDANT'S AMENDED ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS

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I was served a citation/petition and my answer to the court is due by Monday 8/12 at 10am. I spoke with TX Legal Aid over the phone to apply for legal assistance (qualified). I was told to file an "answer" with the court. I found a general "Answer" template for doing so on a TX legal help site. See Below. I know that I made two mistakes. My question is are the two mistakes repairable?

 

First, the "Answer" below does not appear to be adequate compared to what I have read on this site although the legal aid person I applied with said it is fine and it looks similar to the "Answer" form template the clerk tried to offer me to fill out. Second, I went to file it today at the courthouse and I think the clerk gave me misleading information. The clerk said to "only sign my name below "respectfully submitted", AND do NOT sign my name below the Certificate of Service". When I questioned her about not signing and dating my name under "Certificate of Service" because I needed her to stamp my original and two copies to mail CRRR to the Plaintiff. She said NO that is where the girl that handles these forms "signs". I asked for clarification as I told her, "I thought it was the defendants responsibility to provide a copy to the Plaintiff." After I got to a computer I looked it up and indeed TX Law Help clearly stated that I was correct, not the Clerk. Can I resubmit an "Answer with the court today since the deadline is not actually until Monday 8/12 at 10am? If so, can anyone direct me to the appropriate link or provide me with the right "Answer" form to resubmit? 

 

CAUSE NO. XXXXXXX

 

MIDLAND FUNDING LLC                                   }           IN THE JUSTICE COURT

                                                                            }

               PLAINTIFF                                           }

                                                                            }

v.                                                                         }             PRECINCT 4 PLACE 1

                                                                            }

                                                                            }

Defendents Name                                               }

                                                                            }             MONTGOMERY COUNTY, TEXAS

 

 

 

Defendant’s Answer

 

TO THE HONORABLE COURT:

 

 

My name is ********** ***********, the Defendant in this Case.I enter a general denial. I request notice of all hearings in this case.

 

The last three numbers of my driver’s license number are 2 5 0 . My driver’s license was issued in Texas.

 

I understand that I must let the Court, the Plaintiff’s lawyer (or the Plaintiff if the Plaintiff does not have a lawyer), and any other party or attorney of record in this case know in writing if my mailing address changes during this case. If I don’t, any notices about this case will be sent to me at the address on this form.

 

I pray that Plaintiff take nothing by this suit, for costs of court, and for such other and further relief, at law or in equity, to which I may be justly entitled.

 

Respectfully submitted,                           August 7, 2013

 

Defendants Name                                  (XXX) XXX-XXXX

Defendants Address

                                                      

                                                            

                                                             Certificate of Service

 

I certify that I sent a true copy of this Answer to all parties in this case on the date listed below. I sent the Answer by certified mail return receipt requested, by fax, or by personal delivery. If a party is represented by an attorney I sent the Answer to the parties’ attorney.

 

Defendants Signature                                                     Date              

Do what Texasrocker said the clerk is correct in one regard that the court can serve the pleadings for you. In cases where a person is in a situation where court fees are waived the court I believe by law has to serve process for the parties who have a fee waiver. I will look up the statute number

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Ya, I've noticed that Midland seems to be busy everywhere right now too. They must have bought a bunch of cheap portfoilios. Make sure that you try and sit in on a few court sessions like you will be in so that you can learn the process. It will help you to be more comfortable in this situation.

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  • 3 months later...

I won! A huge THANK YOU to Texasrocker! I filed the "Amended Answer" with the court that Texasrocker helped me with. The Plaintiff answered my "Amended Answer." The Plaintiff's "Answer" never posed any questions back or any kind of "Discovery." I did receive a letter from Plaintiff stating that I am being sued by them and I should call them to discuss it with Plaintiff. I ignored their request in their letter. I did not hear from the Plaintiff again. I received a letter with my court date. The Plaintiff didn't show up to court, the judge dismissed the case. I politely reminded the judge that the Plaintiff didn't bother to show up, disrespected and wasted the courts time and mine. I followed up by asking if the judge would please "dismiss the case with prejudice" or I will continue to be at risk of a suit being re-filed and further harassed until the statute of limitations expires. The judge agreed to "dismiss with prejudice!" Thank you again Texasrocker!

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I think this is my cue to go crazy!

 

::allhail::  :punknanner:  ::travolta::  ::celebrate::  :yahoo:  :PartyTime:  ::band::  :DiscParty:  :BigDance:

 

 

Great job! I think this case just goes to show that no matter what skill level or understanding anyone has of the court systems or the JDB lawsuit process, there is always help out there if you seek it. All anyone needs is the will to put their foot down and not roll over to these vultures. Eventually when more consumers are educated and won't just lay down and die to the default judgment, it'll be harder and harder for JDBs to "move on to the next easy prey." SPREAD THE WORD... YOU CAN DEFEND YOURSELF IN COURT & YOU CAN WIN!

 

Nice dialogue with the judge too. That was fantastic you stood up for yourself and got a dismissal with prejudice.  ::USA::

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