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Being Sued in Texas by Portfolio Recovery


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Very simple I am being sued by PRA in Texas

 

I received a Civil Citation for a Debt Claim Case

 

1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates LLC assignee of XXXXX bank XXXXX (store name) 

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

Attorney in Texas (about 200+ miles from where I am located)

3. How much are you being sued for?

Roughly $1800-$2500

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

Bank for a Retail Store

5. How do you know you are being sued? (You were served, right?)
Person came to door and handed me the citation (processor I guess)

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

In person at my door

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

Do not know, man just handed it to me and left

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

Never spoke with them....EVER.

9. What state and county do you live in?

Texas, will not mention county

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

Through the credit card company, 2011

Collection agency, NEVER

11. What is the SOL on the debt?

4 years in Texas I believe

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).

PETITION FILED

CV-CITATION DEBT CLAIM-NO SERVICE FEE

Status: Active

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

No, for fear of resetting SOL

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 I did not speak or respond with them ever.

 

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 received as follows:

1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court.  Along with the name and address of the Plaintiff (attorney).  Signed by the clerk of the court.

 

2. Then a Petition with a stamp date on it from last month stating when it was received.  

It shows as follows:

A. Parties
1. states plaintiff and address

2. states my name and address

 

B. Jurisdiction

3. Plaintiff seeks relief of $100,000 or less, including damages....etc etc etc.

4. Plaintiff asserts that the above names court has jurisdiction over the subject matter in this case...... etc etc etc.

 

C. Venue

5. Venue of this action is proper in the county.....etc etc etc

 

D. Facts

6. On or about month/day/year, XXXXX bank issued a credit card in the Defendant's name under its account number ending in ------------xxxx  Defendant received and used the card and thereby became obligated to pay for charges incurred with the card.  Plaintiff's records show Defendant's last payment on the account occurred on July 2011.  Defendant defaulted blah blah blah and the card was cancelled....... There was more written but I figured they send these copy and past petitions to everyone so you probably have seen and know what they say.

 

7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due too plaintiff by Defendant on the account is $xxxx.xx (Note the amount the are saying is more then what was actually on the card when closed)

 

8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full.  The defendant have failed, neglected, ad refused to pay the amount requested.

 

9. Plaintiuff has performed all conditions precedent to the filing of this action or all such conditions..........etc etc.

 

 

E. Count 1: Breach of contract

10. The issuance of a credit card constitutes the offer of contract.  They then state court cases Bank One vs Palmer  Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the defendant.   Etc etc etc, if you need more of the text, please let me know.

 

11. By using and/or authorizing the use of the credit card defendant accepted the credit card contract and became bound to pay for all charges incurred with the credit card.  Defendant also became subject to all of the terms and conditions of the Plaintiff's cardholder agreement.

 

12. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted defendants credit card.  Prior to date of charge-off monthly bills were sent to the defendant reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due.  The defendant had a duty to submit any disputes of the charges set forth in such statement, in writing within sixty days from date of the statement.  Plaintiff asserts that a defendants failure to submit such disputes should be treated as an admission of the account balance, since defendants was/were given both a method and an opportunity to raise such disputes.

 

13. Defendants breached the contract by defaulting on the payment obligation of the credit card agreement.  In violation of defendant's promises and obligations under aforementioned written contract, the defendant breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the defendants.

 

14. Defendant's breach was a proximate cause of actual damages $xxxx.xx (Note the amount the are saying is more then what was actually on the card when closed).  All just and lawful offsets, credits, and payments on the credits have been applied to the account.

 

 

F. Count 2: Account Stated

15. Plaintiff is the owner and beneficiary of all claims related to the credit card account opened by defendant.  The amount due and owing is $XXXX.XX.

All just and lawful offsets, credits, and payments on the credits have been applied to the account.

 

16. Plaintiff is entitled to recover on the account because (1) transactions between the Plaintiff and defendant gave rise to the indebtedness, (2) there existed an agreement between the Plaintiff and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the Plaintiff on the indebtedness.

 

 

G. Damages

Plaintiff seeks damages on its liquidated claim in the amount of at least $XXXX.XX, which is within jurisdictional limits of this court.

 

H. Conditions Precedent

18. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred.

 

I. Miscellany

19. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose.  Plaintiff's attorneys are debt collectors.

 

J. Prayer

20. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following.

a. Actual damages in the amount of $XXXX.XX

b. Court Costs

C. All other relief to which plaintiff is entitled.

 

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

​They attached no exhibits, no affidavits, no statements, nothing but what was mentioned above.

 

 

Ok so now that I got that typing out of the way, I need to know how to go about answer this citation, because obviously the answer will make this go away.  I just need the correct thing to say when answering.  On the forum on the court house website for answering it has only a single line for a statement back.  But I have also noticed some things in this citation, they mention that I was in a contract with PRA, I never even spoke to them so how could I have entered a contract with them?  They also claim that they are the owners but have provided no proof of this either.  It is obviously they are just  trying to get a judgment by hoping I do not answer.  I just need the exact answer to give in regards to the pet ion I received.  Sorry for a few typos I have in the post.   ::NahNah::  

 

Thanks in advance for you help and yes I left a few things blank to keep it anonymous for the most part in case these scam artists browse this site.

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Who is the attorney/law firm that filed the suit?

Was it filed in a county or JP court?

I am not sure if I feel comfortable giving out the attorney's name.

It is a Justice of the Peace Court Precinct however.  Is the county name needed for this instance?  Again trying to keep this as anonymous as possible.

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I am not sure if I feel comfortable giving out the attorney's name.

It is a Justice of the Peace Court Precinct however.  Is the county name needed for this instance?  Again trying to keep this as anonymous as possible.

 

If you don't want to reveal the attorney's name publicly, send @texasrocker a PM.  He and @Tomtex know TX law and procedure and have helped many TX debtors.

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You will need to answer that summons before the time is up or you will get a default against you. We will need as much info as possible to be able to help you.

I am well ware of that, I just need to know what exactly I need to say in regards to doing this.  Thus the reason I posted exactly what I received.   ::ambulance::

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Not showing your name or any other personal information is all you need to be concerned with for anonymity here.  There is no problem with posting the JDB attorney's name and the court information.   

 

Copy this and deliver in person or mail it to the court via certified mail in the same format of the original petition that you were served.  Send a copy to the attorney who filed the lawsuit and make a copy of the first page and ask the court clerk to file-stamp it for you (if you are mailing it include a SASE.)  Since you did not see the need to post the complete wording of their original petition edit the parts in red to match exactly what they said to claim that they purchased the debt.

 

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

 

ANSWER

 

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.

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

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 "Defendant's account has been assigned to Plaintiff, and Plaintiff is the current holder of Defendant's accounts" See Plaintiff's Original Petition under "Facts" paragraph 6. 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. Ceramic 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.

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 a 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.

PRAYER

Wherefore, premises considered, Defendant prays that the Court grant his Plea to the Jurisdiction, grant his Special Exceptions, 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,


Signed_________________________________
Name:
Address:
Phone:



CERTIFICATE OF SERVICE


I do hereby certify that I will mail a true and correct copy of this Original Answer to the Plaintiff on the _____ day of ____________________, 20____.

Signed____________________________________

Name:
Address:
Phone:

 

Since yours is in a JP/small claims court the new rules require you to get permission from the court to send discovery.  Get on that as soon as possible then I will PM you a first set of discovery to send.

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@texasrocker

 

Would it have been better if I included the additional text for each section?  I just figured it was a standard petition they file for everyone.  I also sent you a PM on the lawyer and county, not sure if you got that.

 

So in the spot where you wrote "Facts" paragraph 6., I would basically type of what they wrote in paragraph 6 and just insert in there?  Also the other line you highlighted in red, do I leave that as such or do I put a name in there?:

 

Defendant's account has been assigned to Plaintiff, and Plaintiff is the current holder of Defendant's accounts

 

 

 

Also do i need to have it notarized or anything?

 

Thanks again for your assistance!  :yahoo: 

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Since yours is in a JP/small claims court the new rules require you to get permission from the court to send discovery.  Get on that as soon as possible then I will PM you a first set of discovery to send.

 

This is something I can focus on after I submitted the answer correct?  I do not need to do both at once right?  I am assuming so.

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@texasrocker

 

Would it have been better if I included the additional text for each section?  I just figured it was a standard petition they file for everyone.  I also sent you a PM on the lawyer and county, not sure if you got that.

 

So in the spot where you wrote "Facts" paragraph 6., I would basically type of what they wrote in paragraph 6 and just insert in there?  Also the other line you highlighted in red, do I leave that as such or do I put a name in there?:

 

Defendant's account has been assigned to Plaintiff, and Plaintiff is the current holder of Defendant's accounts

 

 

 

Also do i need to have it notarized or anything?

 

Thanks again for your assistance!  :yahoo: 

1.  The county is irrelevant if the suit was filed in a JP court.

 

2.  If you had posted the whole thing instead of inserting "...blah, blah, blah"  I could have put it in their exact words.  Somewhere in the paragraph labeled "Facts" should be their statement that they purchased the debt or have been assigned the debt or whatever and you need to change what I highlighted in red to their exact words.  The other highlighted line would be in case it was in a different paragraph.  Just make sure it reflects exactly what they said or it could come back and bite you.  

 

3.  No, it does not need to be notarized.

 

4.  I recommend sending Defendant's first discovery to the JDB attorney along with his copy of your answer.  With the new rules for small claims and JP courts you are required to get permission from the court before you conduct discovery so you must do that before sending it.  

Let me know when you have said permission and I will PM you the discovery to send.  You did not say when you were served so I have no way of knowing if you have time to ask the court if you can send discovery now.  It is imperative that you get your answer filed before the deadline.

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1.  The county is irrelevant if the suit was filed in a JP court.

 

2.  If you had posted the whole thing instead of inserting "...blah, blah, blah"  I could have put it in their exact words.  Somewhere in the paragraph labeled "Facts" should be their statement that they purchased the debt or have been assigned the debt or whatever and you need to change what I highlighted in red to their exact words.  The other highlighted line would be in case it was in a different paragraph.  Just make sure it reflects exactly what they said or it could come back and bite you.  

 

3.  No, it does not need to be notarized.

 

4.  I recommend sending Defendant's first discovery to the JDB attorney along with his copy of your answer.  With the new rules for small claims and JP courts you are required to get permission from the court before you conduct discovery so you must do that before sending it.  

Let me know when you have said permission and I will PM you the discovery to send.  You did not say when you were served so I have no way of knowing if you have time to ask the court if you can send discovery now.  It is imperative that you get your answer filed before the deadline.

  

2.  I can repost that section with the whole paragraph if need be.

 

4.  Yesterday is when it was served, so it looks like the deadline is around the 25th or 26th for the 14 days(not sure if that is business day or all days).  I will submit the answer in person probably Monday as I have to work all day thursday and friday.  When I go in person, what do I need to ask them?  Do I submit the Answer form found on their website filled out and a copy of the information you gave (on a separate sheet of paper?  What do I insert in the small line they give on the answer form if so?  Where do apply for permission to file for discovery, at the court house?  Is there a form to fill out with them?

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@texasrocker

 

I found this on their website in regards to discovery if it helps any.  :hmmmmm:

 

Discovery
Discovery is the process through which parties obtain information from each other in order to prepare for trial.  In Justice Courts, pretrial discovery is limited to that which the judge considers reasonable and necessary.  No request for discovery may be served on an opposing party without permission of the court.  The party asking for discovery must first present a written motion to the court and serve a copy of the motion on the responding party.  Unless a hearing is requested, the judge may rule on the motion without a hearing.  If the discovery request is approved, the judge will issue a signed order and the party seeking discovery may proceed to serve the discovery on the responding party.  
Failure to comply with a discovery order can result in sanctions, which may include dismissing the case or the issuance of an order to pay an opposing party’s discovery expenses.  Rule 500.9.

 

Source: http://www.jp.hctx.net/suits/filingSC.html

 

I will be calling them tomorrow in regards to what I need to submit and will be submitting this on Monday to them once I have had the weekend to get it all completed, will PM you with any questions.  Also on the copy that I send to the plaintiff's lawyer, do i need to put my number on there as I would hate for them to be able to use that to call me to harass me as they do not have a current phone number.

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Was able to call the courthouse today and they stated I only needed to fill out the form and submit the "general denial".  They said i did not need to send anything else with it as the judge does not even look at it.  So I am not sure if that means anything as pertaining to the information you have given me.  She said that once you submit the general denial, they will schedule a trial about 6 months from now and I also need to send a copy of the form stamped by the courthouse to the plaintiff's attorney.  Does this sound correct? 

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A general denial is included in what I gave you. 

Some courts have been known to refuse to accept any document without your phone number on it but it is your call.  If you lose your case it will most likely be by taking shots in the dark due to laziness and/or ignorance of the rules and procedures.   

 

Study this forum extensively and see how we beat these guys.  I can assure you it was not done by merely filing a general denial and then sitting back waiting for trial.  That will only prevent a default judgment.  Your top priority after getting your answer filed in time is to get the Court's permission to send discovery and spend every hour that you are awake and not at your job studying and learning for the next month or so.  Any less dedication than this and you could easily walk away as a loser. 

 

Order this book and read, re-read and re-re-read everything in it that pertains to your case:

http://www.amazon.com/OConnors-Texas-Rules-Civil-Trials/dp/1598391828/ref=sr_1_1?s=books&ie=UTF8&qid=1408141083&sr=1-1&keywords=o%27connors+rules+texas+civil+procedure

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Do like I did, get a burn phone for about ten bucks a month and use it to call or be called by a JDB etc. All JDB/CA's use an ANI system known as an automatic number identification system. Even if you BLOCK your call's it will unblock them. Most business's use them now. My local car dealer doe's and many others that I have called. So, don't get the idea your hiding your number by blocking it, your not!

 

I have my JDB phone, that I use only to call or receive calls to and from JDB's, CA's, courts etc. I also have it set up to use a pocket recorder to record their calls with should I need it.

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A general denial is included in what I gave you. 

Some courts have been known to refuse to accept any document without your phone number on it but it is your call.  If you lose your case it will most likely be by taking shots in the dark due to laziness and/or ignorance of the rules and procedures.   

 

Study this forum extensively and see how we beat these guys.  I can assure you it was not done by merely filing a general denial and then sitting back waiting for trial.  That will only prevent a default judgment.  Your top priority after getting your answer filed in time is to get the Court's permission to send discovery and spend every hour that you are awake and not at your job studying and learning for the next month or so.  Any less dedication than this and you could easily walk away as a loser. 

 

Order this book and read, re-read and re-re-read everything in it that pertains to your case:

http://www.amazon.com/OConnors-Texas-Rules-Civil-Trials/dp/1598391828/ref=sr_1_1?s=books&ie=UTF8&qid=1408141083&sr=1-1&keywords=o%27connors+rules+texas+civil+procedure

 

 

I have a side number that I can use, that really isn't a big deal.  It is just the clerk acted like I shouldn't submit the extra info and just a straight form denial that they provide would suffice and she said lawyers act like they need to do that all the time, but don't need to because the judge never sees it.  Is she just pulling my leg or something?

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Just an update, we ended up speaking with a lawyer and they gave us a simple General Denial to submit, nothing special.  We then sent a certified copy to the plaintiff's lawyer so we will wait and see what happens.  She said 99% of the time they will drop the case when they receive it because they have nothing to prove anything they have stated.

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  • 2 weeks later...

i have been bombarded by lawyer advertisements stating a lawsuit had been filed on the 28th by portfolio recovery. I haven't gotten anything from them yet, but curious ...

 

Did you ever send them a request for validation before the lawsuit?

 

 I read online to file "verify denial' rather than "general denial' .  just in case you are under oath...can anyone comment on this?

 

also, I would know how things went.

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  • 3 weeks later...
  • 4 months later...

I have been trying to follow all of this but one thing I have to ask. Did you verify that PRA has been boned in the state of Texas to collect on debts? I looked and as of now, I can not find them listed with the state. This is a special law under the finance codes stating that any entity engaging in debt collection must post a bond with the state to legally collect debts in the state. This could be to your advantage because PRA and their lawyers could be on the hook for violations Texas laws.

 

Talk to a lawyer since it is already blown up around you.

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