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I think I'm being sued by Portfolio (Texas)


misbhavn
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@texasrocker

 

Okay, we have our pretrial conference in soon. It looks like the judge will not rule on our motion to conduct discovery until then. Obviously, the opposing counsel will try to get us to settle. Outside of that, it says discovery will be discussed and we will need to answer any questions. Will opposing counsel be allowed to ask us to admit/deny anything at this point?

 

Also, it looks like we might need to have our discovery request ready to submit that day. Should we go ahead and prepare our discovery before then? Remember, to date the Plaintiff has supplied ZERO evidence with their summons. No affidavit...nothing. I presume we should just go in and plead ignorance and ask the judge to allow discovery so that we may prepare a proper defense and verify the Plaintiff's standing to be able to sue.

 

Any help you can offer is greatly appreciated.

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If they ask you anything just say you do not have access to any information they are asking you about and that when permission is granted you will properly respond to their discovery.   If they offer a settlement just say, "No, thanks. I would like to proceed to trial."

 

 

Check your private msg. I will provide you with first set of discovery to have ready then.

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  • 3 weeks later...

I've been looking through the court dockets online and have noticed a large number of cases for PRA represented by this attorney have been dismissed for nonsuit. What would happen if Plaintiff's counsel didn't show up for the pretrial conference? Can we ask for a motion to dismiss right then since there would be no opposition?

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Okay, I need some advice as I think I may be getting erroneous information from the court. The judge asked me to submit my discovery to the court before she would approve my motion to conduct discovery. I called the court and they told me that I need to send Plaintiff's attorney anything I submit to the court, including my first set of discovery. TRCP 500.9 clearly states I can't do that until I have the signed order. I took my discovery to the court yesterday and asked again if I was supposed to send a copy to Plaintiff even though the judge hasn't signed the order yet and was told again, yes.

 

The copy I supplied the court included the certificate of service that I would mail a copy to Plaintiff. Am I wrong to send a copy to them? I surely don't want to get sanctioned for doing it. Can someone weigh in on this?

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I mailed out my discovery today CMRRR. How does this affect the calculation of time to respond? Do they still have 30 days from the date of service or will it start when the judge signs the order? I have never heard of sending discovery to the court before and, as @texasrocker stated, I can't find any precedent on it.

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Perhaps. I will call the court tomorrow and ask them when the clock starts.

 

For those stumbling on this thread later, I found out the hard way that you need to attach a proposed order to your Motion asking permission to conduct discovery. I'm hoping to FINALLY have a signed order sometime tomorrow.

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Perhaps. I will call the court tomorrow and ask them when the clock starts.

 

For those stumbling on this thread later, I found out the hard way that you need to attach a proposed order to your Motion asking permission to conduct discovery. I'm hoping to FINALLY have a signed order sometime tomorrow.

Them asking you for it may be a good sign that he will grant it.

 

It does make it a bit more convenient for the judge, some will say it makes you look arrogant. 

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It does make it a bit more convenient for the judge, some will say it makes you look arrogant.  

I guess its a judge/court specific thing. All I know is they called and told us we had to submit a proposed order for the judge to sign. I submitted one, then they called and said we needed to submit an amended motion with the order attached. We've been going back and forth trying to get the motion approved since last week. Sheesh!

 

On another note, should I begin attacking their BOS and affidavit now or wait until discovery plays out?

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  • 2 weeks later...
  • 4 weeks later...

Okay, I have a question about computing the time to respond to discovery.

 

I sent Plaintiff's counsel a copy of the discovery I submitted to the court (as instructed by the court) CMRRR on 2/17/15. I received notification that the judge approved my motion to submit discovery on 2/19. I called the  court to find out when the clock starts for computing timely response and the court told me the clock started on 2/19. Plaintiff's counsel signed for the discovery on 2/25.

 

Counting 30 days from 2/19 put the response date on 3/21, which is a Saturday, plus three days for mail. Does this mean they had until 3/24 to timely respond or, since the 30th day fell on a Saturday, do they get until 3/23 (the following Monday), plus 3 days, meaning they had until 3/26 to timely respond?

 

So far there has been no response to my discovery. I'm hoping that's a good thing.

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In my opinion if they received it on Feb. 25 and you allow three days for mail then it would be March 30, five days allowed for mail would be April 1.  JDB's are notorious for waiting until the last minute.

 

It is a good thing if they do not respond because they cannot use anything against you that was not provided in discovery.

 

Have you received any settlement offers since sending discovery?

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Do they get three days or five for mail? I haven't been able to find the answer to that.

 

Yes, they have sent one settlement offer since I served discovery.

If it is right down to the wire it will depend on how the the judge feels about it more than anything else.  If it is considerably much later and it is then allowed you would have grounds for appeal if you had objected and ended up losing the case.

 

A settlement offer in lieu of answering discovery usually signifies that they know they probably don't have a very good case against you.     

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It looks my journey on this case has come to an end...at least for now. I go online about once per week to look at my case, mostly looking to make sure they haven't tried to sneak a MSJ in before they responded to my discovery  Today, as I scrolled down the case docket, I realized something was different at the top. I scrolled back up and the case was dismissed for nonsuit on 3/27, although I haven't received notification from the court yet. Unfortunately, they have another year to refile.

 

Thank you to all who have helped me with this and an especially big THANK YOU to @texasrocker for his efforts on this board. I know I asked a lot of dumb questions early on, but I have learned a lot along the way and will be much better prepared should this arise again.

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Excellent!

 

"Nonsuit" means they gave up.  It is highly unlikely that they will file suit on the same alleged debt again as they know they have nothing (or are unwilling) to prove that they purchased it.  They were hoping for a default judgment and were not prepared for the incriminating discovery.  However it is possible they could sell it to someone else who could elect to sue but now you know what to do  Do you know when the SOL is up?  

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  • 2 months later...

It's been a full 2+ months since this was dismissed, yet I have never received anything from the court or opposing counsel indicating dismissal. I have called the court and they confirmed that it was dismissed. Should I just let this go or should I seek something for my records showing it was dismissed?

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