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Help with Debt Lawsuit in Texas

Guest firewoman78233

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Guest firewoman78233

I received the attached letter and now I am trying to get everything together to defend myself but I need some help.  I am especially concerned because I don't think my paperwork ever mentions the transfer of the debt from the original creditor to the debt collector.  Any help is VERY MUCH appreciated as time is not on my side.


1. Who is the named plaintiff in the suit?
Discover Card

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

3. How much are you being sued for?
$11, 741.60
4. Who is the original creditor? (if not the Plaintiff)
Discover Card

5. How do you know you are being sued? (You were served, right?)
Looked up case number on County website

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

7. Was the service legal as required by your state?
Yes, as far as I can tell

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)
September of 2011.

11. What is the SOL on the debt?
4 years in TX

12. What is the status of your case? Suit served? Motions filed?
They are waiting on my Answer
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?
No, did not know until receive summon

15. How long do you have to respond to the suit?
20 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
I received only what has been attached here.

Legal Docs.pdf

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From what you've posted, you're not being sued by a JDB, you're being sued by the Original creditor itself (Discover), thus there wouldn't be a transfer.  They may have placed it with collection agencies prior to this but the only correspondence you would have recieved would have been the letter sent from the CA.  If the OC handled the collection internally then you wouldn't have even recieved that.  If they went straight to a law office then again, the only correspondence you would recieve is the summons.

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You are being sued by Discover that is why there is no mention of a transfer so the defenses used in a JDB case are off the table.  They are well within the SOL so that defense is also not available.  This is A LOT of money and it won't be in Justice Court the case will be in Superior Court and you will HAVE to know all the rules of civil procedure and conform to them.  This is really NOT a DIY pro-se project.  I would start calling consumer attorneys.  Use www.naca.net.  There are a number of them in Texas and most if not all do the first consult for free.

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I've been out of Texas a few years and the laws have changed some. I may not be of much help, but go up to the search button on the top right of this page and type in Texasrocker and check forums and read everything that he has to say. He is more current than I am and can help you. Good luck.

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  Defending a lawsuit by an Original Creditor for that much money is a difficult undertaking.  However,  Texas has favorable debtor laws as Goody said.  Also, The Texas Debt Collection Act applies to original creditors like Discover.  If they violated the law, a consumer lawyer may take your case on contingency, meaning they would defend you without charge.  Get opinions from several consumer lawyers.  Besides www.naca.net, you can also google the name of your city and "credit card defense" or "consumer lawyer."

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Read the Texas TFC-392 (Google it) and see what it has about dealing with an OC. It's been awhile since I've read it, their may be some stuff there that will also help you. It is a strong tool against creditors. When you are able to use it, make sure you cite it in your arguments to make it work.

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