Afwifeintx

Need some help

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I hope I did this right. I do not have a computer so tried to complete with tablet.

 I just Recived this and am looking for help on what I need to do. I know I need to give an answer at the Jp office withing 14 days correct. What should I put in that answer. As you can see by the dates I had this since 11 and was paying auto pay but to my own fault this as obviously forgotten in a card change and stupidity on my part. There is no way I can pay that amount in one fail swoop. Any help would be appreciated. Thank you again for your time.

 

1. Who is the named plaintiff in the suit?


Jefferson Capital Systems


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


Attorney J David Chilek of Dalls


3. How much are you being sued for

3,500


4. Who is the original creditor? 

Metabank


5. How do you know you are being sued? (You were served, right?)


SERVED


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


In Person


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

I think so


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


Nothing


9. What state and county do you live in?


Texas Baxer


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


June 2nd per credit report


11. What is the SOL on the debt? 


? Open 2011


12. What is the status of your case? Suit served? 

Small claims citation served


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


No


14. Did you request debt validation before the suit was filed? 


No


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?


14 Days asking for answer. 


16. What evidence did they send with the summons? 


None


Plantiff's original petition:


1. Court document showing Plaintiff Jefferson Capitl 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 March 11 2016.   


It shows as follows:


A. Parties


1. states plaintiff and address


2. states my name and address


B. Jurisdiction


3. Plaintiff seeks only monetary  relief of $100,000 or less, including damages of any kind, penalties, cost and expenses


4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant and that the damages sought are within the jurisdictional limits of the court.


C. Venue


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


D. Facts


6. On or about Aprilday/2011, Defendant opened a credit card account with Metabank in the Defendant's name under its account number ending in ------------xxxx  Defendant used the account and thereby became obligated to pay for the balance owed on the credit account.  Plaintiff's records indicate Defendant's last payment on the account occurred on June, 2014.  Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled.  The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about January 2015.  On or about Jan 2015 Metabank assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit.  The balance remaining on the credit account is presently due and payable in full. 


7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $3,500


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. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.


E. Account stated


10. Plaintiff is entitled to recover on an account stated claim (1) transaction between Original creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between original creditor and Defendant which established the amount due to the Original creditor, (3)  the defendant promised to pay the original creditor on indebtedness.


F. Damages 


11. Plaintiff seeks damages on its liquidated claim in the amount of at least 3,500, which is within the jurisdictional limits of the court. 


G. Conditions Precedent 

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


H. Miscellany


15. 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


16. 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 3,500


b. Post-judgment intrest


C. Court Costs 


D. All other relief to which plaintiff is entitled to 


Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LL


By: ORIGINAL COPY SIGNED

11 names with SBN #s The last being named Attorney 
 

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Thank you so much I have been reading and reading trying my best to understand and take in everything. I am ashamed to say I am still having a hard time but trying. Also ashamed to say my educational level is truly well below all of this and  it is full blown anxiety inducing but still trying. I will continue to read and I am so thankful  for your help.

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@CCRP626 I have tried to figure out what is right did I post this to the wrong section. It seems everyone is looking but not responding or shold i just give up.. Am I missing something they may need to help. I thank you for sending me to that topic just not sure if that is what I should do. I did copy that answer and I have it ready but not sure if that is the way I should go since my story is different than the links. I think I got the idea that since this is not the original creditor that was why you sent me to that? Sorry just frustrated my educational level is not up there so it is frustrating to try and make sense the more I read the less I seem to understand. At this point I can get to the JP on Friday and thinking I should just accept??? Not even sure.. again sorry just feel like you have at least tried to help and I am just to stupid to get it,

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@Afwifeintx maybe post the answer you've prepared and some experienced Texans like @texasrocker can look it over. The main thing is you get the answer in or you automatically lose and get a default judgment.

A lot of this is pretty standard like the general denial you'll notice on the other answer. If something looks a bit odd, like "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." you can see what Rule 92 says here-

http://www.txcourts.gov/media/1084233/Texas-Rules-of-Civil-Procedure.pdf

RULE 92. GENERAL DENIAL

A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue. When the defendant has pleaded a general denial, and the plaintiff shall afterward amend his pleading, such original denial shall be presumed to extend to all matters subsequently set up by the plaintiff.

also, you're in JP Court, so in that same PDF link, scroll to those rules 500-508.

(Rule 502.5) General Denial. An answer that denies all of the plaintiff’s allegations without specifying the reasons is sufficient to constitute an answer or appearance and does not bar the defendant from raising any defense at trial.

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This looks pretty good to me

@AfwifeintxI don't think there's enough there in your pdf. I mean you've got the general denial but if you look at texasrocker's answer linked above, account stated is also taken apart. Standing is another thing. It's all in that answer if you match it up to your complaint.

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Thanks again that is what I am trying to do. Just not to sure at how to translate it into mine. I have to respond to every line right? Since there was so much info and explanation on that one I was just unsure if I was to use all of it. Just copy and add my info where the red is. I think that is where I am questioning myself.  Guess I am making it harder for myself by reading too much into it. Lack of sleep does not help either I am just so stressed over doing it right I am making myself crazy. Yup I have no confidence in myself that is completely obvious.  

@CCRP626 Thank you again for helping. When I get to work where I have a computer I will try and put it together. 

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In your first post in this thread under D.  Facts  is their claim, "On or about Jan 2015 Metabank assigned Defendant's credit account to plaintiff"  That is the wording  you should insert there, nothing more, nothing less.

Stop worrying about it.  Raush, Sturm, Isreal, Enerson & Hornik  are among the first to back down upon receipt of discovery.

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@texasrocker thank you for your responce.

In that post I understand copy replace and file as answer and I thank you for that. While reading others most  says I need to respond to everything ( each line) so does that mean this covers the A-prayer.  Just making sure before I make a stupid mistake because I have the problem of not understaning. As I am sure you see now my brain does not quite work the same as most and I am sorry for being not as quick.

Thank you again for your patience.

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I don't know which thread you are referring to but I do know there was an ignorant soul posting a lot of incorrect information in some Texas threads here not long ago.   A general denial covers everything on the plaintiff's Original Petition (what you posted describing the papers you were served.)

Did they attach discovery to their Original Petition?  If so then you must answer each line of discovery but should have 50 days if it is attached to the Original Petition.   Your answer to the lawsuit/ general denial still needs to be filed within 14 days. 

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@texasrocker I recived just what I posted. Nothing else.

No wonder why I am so confused.  Ok so what I was referring to was you post in this. "being sued by portfolio in county court in Texas"  I was trying to figure out how to make that fit with mine. 

So what I filled out at the top is truly every single thing I recived just 4 papers.

So the general denial is the right way. Simple form like what I posted. Unless you recommend adding anything you think may help.

 

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@texasrocker so this is what I should use since there was no request for discovery?  

 

Sorry I am on a small tablet and trying to copy and paste so I can write it out. I tried to print at ups but could not get it to work so hand written is how I have to go. So just making sure I need to write the answer exactlylike the link from above word for word.

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