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Steller Recovery Lawsuit


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@texasrocker (thank you in advance)

I was recently sued by Steller Recovery, Inc. in JP Court.  Plaintiff's claim is for Breach of Contract, Money Had & Received, and for Account Stated and/or Open Account. The CC debt is less than $2k and was originally for a laptop. The account was opened with BestBuy and HSBC in 2010.  Later BestBuy/HSBC Sold the debt to Capital One, which than sold the debt to Steller Recovery.  An answer was originally filed pro se.  Trial was set for this month and with a friend's help, we were able to get it reset for August.

 

Per my request, Steller Recovery sent me the following documents:

 

1. Assignment and Bill of Sale (Signed by VP of Capital One & CEO of Steller)

2. Schedule 1 to Bill of Sale, which simple states the numbers of accounts sold in bulk to Steller.  It references a Sales File with individual accounts listed, which is not included

3. Capital One Closing Statement

4. Affidavit of Sale of Account by VP of Capital One - stating charged-off accounts were sold to debt buyer, they were kept in ordinary course of business, and he is not aware of any errors.

5. Certificate of Conformity by an Attorny in Virginia 

6. Best Buy Statement showing amount owed, fees charged, interest charged etc

7. Affidavit by CEO of Steller stating debt was acquired through assignment, Debt opened account with HSBC used account and stopped making payments, HSBC closed account on December 31, 2011, interest accrues on account at 21% per annum

 

The answer submitted included a general denial.

 

It is my understanding the court requires permission to propound discovery.  We requested permission to do discovery, but have yet to get a response from the Court.  After following up with Steller, they have indicated there is no additional information.  

 

Please advise.

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I have never heard of Capital One buying charged off debts.

So no bill of sale from HSBC to Capital One?

 

Can you scan and post the one bill of sale or just type the exact wording in it? 

 

If the lawsuit was filed in a JP court then you need their permission to conduct discovery, if in a county court then it is not required.

If it is in a JP court let me know when you get the court's approval to send discovery and I will provide you with first set to send them.

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Thank you for you prompt response.
 
I have attached: 
1. Citation & Petition
2. Bill of Sale & Associated Docs
3. Answer
4. A letter sent by Plaintiff after my inquiry of chain of assignment and additional docs
 
I called the court this morning to follow-up on my Motion to Permit Discovery, and was told the judge will be scheduling this for a hearing and is holding the trial set for August.
 
Please advise.
 
Thank you,
RCHouston

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Called court and clerk mentioned since this has been on the docket for 2 yrs, judge doesn't feel the need for discovery at this point.  OC told me they sent me everything they had, and do not have any additional info.  Clerk mentioned judge would hear the motion to permit discovery on day of trial and if denied would continue to proceed (at least that was my understanding). Clerk also mentioned that I can go ahead an pass the motion.

 

Do you think it is okay to pass, and simply jump in to a plea to the jurisdiction and motion for summary judgment based on OC's email indicating they have no more additional information besides what they sent?  Clerk said if I do this, he can arrange a separate motion hearing for both plea to juris and msj.

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Its been on the docket for 2 years? Well hes right, you should have moved on this 2 years ago.  (your post said recently sued, that's not recent lol)  The best your going to do now is object to each piece of evidence they try to introduce, and have a reason and case law to back it up so it cannot be entered into court.  You are running out of time.  I would start studying the rules and threads here from Texas to try and dig up similar cases.

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