Need help with Jefferson Capital suit

[miltfel22]

Back in November 2015, my husband and I were served by RIESH, LLC.  We are being sued by Jefferson Capital.  We filed our answers with the court.  I also asked the court permission to conduct discovery.  My husband and I both sent the discovery questions certified mail on Dec 29, 2015 to REISH, LLC.  I have not received anything from Jefferson Capital or their lawyers.  They failed to respond to debt validation as well.  Fast forward to 2/25/2017, we received a copy of "Motion to Retain ".  I plan on sending a response asking the court to deny the motion due to Want of Prosecution.  I am not sure what else I should do or of I'm even allowed to respond to the Motion to Retain.  Any advice would be appreciated @texasrocker.  Ty!  I'm in Texas

Edited February 26, 2017 by miltfel22
Mispelling

[BV80]

1 hour ago, miltfel22 said:

Back in November 2015, my husband and I were served by RIESH, LLC.  We are being sued by Jefferson Capital.  We filed our answers with the court.  I also asked the court permission to conduct discovery.  My husband and I both sent the discovery questions certified mail on Dec 29, 2015 to REISH, LLC.  I have not received anything from Jefferson Capital or their lawyers.  They failed to respond to debt validation as well.  Fast forward to 2/25/2017, we received a copy of "Motion to Retain ".  I plan on sending a response asking the court to deny the motion due to Want of Prosecution.  I am not sure what else I should do or of I'm even allowed to respond to the Motion to Retain.  Any advice would be appreciated @texasrocker.  Ty!  I'm in Texas

When did you send the DV request?   Was it before or after you were sued?

Also, your court rules should explain how long a case can remain inactive before it can be dismissed for want of prosecution.

[miltfel22]

They made contact with me on 11/2.  I was served on Nov 20th.  I sent them a dv letter after I was served.  

The case was set to dismiss on Feb 23, 2017.  They asked the court to retain it on the docket and set a trial date in less than 60 days.  A new lawyer at the same law firm took over the case now.  It just seems to me like they are wasting the courts and my time.  If they had proof, they would have done something before now.  

[BV80]

1 minute ago, miltfel22 said:

They made contact with me on 11/2.  I was served on Nov 20th.  I sent them a dv letter after I was served.  

The case was set to dismiss on Feb 23, 2017.  They asked the court to retain it on the docket and set a trial date in less than 60 days.  A new lawyer at the same law firm took over the case now.  It just seems to me like they are wasting the courts and my time.  If they had proof, they would have done something before now.  

What was the contact on 11/2?  

[Clydesmom]

36 minutes ago, miltfel22 said:

A new lawyer at the same law firm took over the case now.  It just seems to me like they are wasting the courts and my time.  If they had proof, they would have done something before now.  

Unfortunately the court is likely to grant the retain request due to the original lawyer being off the case.  If you have any hope of the Justice Court ruling in your favor you are going to need to have solid Texas case law showing why their request should be denied.  You also should consider looking up case law for a laches defense that their unreasonable delay and failure to respond to discovery (if you sent it) unfairly prejudiced you from defending their claim(s).

[fisthardcheese]

Same answer as your other thread.

[Brandi34]

My husband and I both have Jefferson Capitol on our Credit Reports and after us for collections! Just as you and pretty much ever review I have read on them is basically the same thing there pulling with you!! Please when I say this as it may sound to easy and simple but I really thank it's worth a try BECASUE it literally worked for us!!! Got to.Minnesotas BBB website and search Jefferson Capitol or better yet Google Jefferson Capitol and BBB reviews and complaints!! Just as you and thousand of more ppl they totally blow off there debt validation discovery etc!! File a complaint telling your story make sure to include that you babe attempted to verify this deovt numerous times and get the ignore you and have proceeded with a judgment !! In your company to the BBB about jeeferson Capitol make sure to ask them for dates and times and means of communication with you and also a timestamp of each contact made it.contact attempted!!! As well as your normal validation questions. The BBB will go to them and submit the complaint they have 5 days I think to respond and comaint form online u fill out will ask what u think the outcome should be !! I would be willing to.bet mo eye within 4 days they will contact you back via BBB and they will drop.your court case and they will close your account and as you should ask them in the comaint not to resale the debt and to close totally remove the account from three credit BEUREAS they will!! They have been in slot of trouble in the past !!! Google Jefferson Capitol and the BBB and see all.stuff on there about them it's crazy.  I bet there's 95% certainty that they will drop cease halt stop all collections on the spot!! I did this with them my credit report almost a year ago and it worked took 4 days and it was the first and I ly time I ever got any kinda of answer contact back from them and almost four weeks ago I didn't the same thing with Jefferson Capitol thru the BBB and in day 4 they removed his off his credit reports and agreed to.not sale the debt !!! If you have any questions or any trouble finding them in BBB Minnesota please let me know !!! Hope this helps

[fisthardcheese]

5 hours ago, Brandi34 said:

My husband and I both have Jefferson Capitol on our Credit Reports and after us for collections! Just as you and pretty much ever review I have read on them is basically the same thing there pulling with you!! Please when I say this as it may sound to easy and simple but I really thank it's worth a try BECASUE it literally worked for us!!! Got to.Minnesotas BBB website and search Jefferson Capitol or better yet Google Jefferson Capitol and BBB reviews and complaints!! Just as you and thousand of more ppl they totally blow off there debt validation discovery etc!! File a complaint telling your story make sure to include that you babe attempted to verify this deovt numerous times and get the ignore you and have proceeded with a judgment !! In your company to the BBB about jeeferson Capitol make sure to ask them for dates and times and means of communication with you and also a timestamp of each contact made it.contact attempted!!! As well as your normal validation questions. The BBB will go to them and submit the complaint they have 5 days I think to respond and comaint form online u fill out will ask what u think the outcome should be !! I would be willing to.bet mo eye within 4 days they will contact you back via BBB and they will drop.your court case and they will close your account and as you should ask them in the comaint not to resale the debt and to close totally remove the account from three credit BEUREAS they will!! They have been in slot of trouble in the past !!! Google Jefferson Capitol and the BBB and see all.stuff on there about them it's crazy.  I bet there's 95% certainty that they will drop cease halt stop all collections on the spot!! I did this with them my credit report almost a year ago and it worked took 4 days and it was the first and I ly time I ever got any kinda of answer contact back from them and almost four weeks ago I didn't the same thing with Jefferson Capitol thru the BBB and in day 4 they removed his off his credit reports and agreed to.not sale the debt !!! If you have any questions or any trouble finding them in BBB Minnesota please let me know !!! Hope this helps

This will not help someone who has already been sued.

[Doorman2000]

I live in Harris County, TX Pct4 near place 1 in Spring,TX

Citation filed on 3/24/17 in Pct4 Place 2 in Humble,TX

I have not been served.  

Plantiff: Jefferson Capital Systems LLC

Lawyer is Chistina S Wilson

15660 Dallas Pkwy #350 - Same address as many I've seen, so assuming this will be Portfolio Recovery Associates.  I looked her up on the Bar, she has been practicing since 2012.

The debt acct in question is for a fingerhut retail acct

My question: I assume the standard DV I would send them couldn't include the parts about credit cards, as this is strickly a store credit.  Does anyone have a link to a DV relevant to this type of credit acct?  I really want to get my ducks in a row beforehand.  I have been reading all the relevant Federal and Texas Consumer Protection Statutes, and am still reading...  Not sure really what to do exactly, and don't want to submit to these JDBs as I personally feel they are going the way of Rincon Debt Management.

[BV80]

2 minutes ago, Doorman2000 said:

I live in Harris County, TX Pct4 near place 1 in Spring,TX

Citation filed on 3/24/17 in Pct4 Place 2 in Humble,TX

I have not been served.  

Plantiff: Jefferson Capital Systems LLC

Lawyer is Chistina S Wilson

15660 Dallas Pkwy #350 - Same address as many I've seen, so assuming this will be Portfolio Recovery Associates.  I looked her up on the Bar, she has been practicing since 2012.

The debt acct in question is for a fingerhut retail acct

My question: I assume the standard DV I would send them couldn't include the parts about credit cards, as this is strickly a store credit.  Does anyone have a link to a DV relevant to this type of credit acct?  I really want to get my ducks in a row beforehand.  I have been reading all the relevant Federal and Texas Consumer Protection Statutes, and am still reading...  Not sure really what to do exactly, and don't want to submit to these JDBs as I personally feel they are going the way of Rincon Debt Management.

Have you received a collection letter containing the 30-day notice?  If not, a DV request wouldn't do you any good.

[Doorman2000]

I have not been contacted at all. I am just noticing the citation was filed, and expect to be served anyday now.  I am interested in a DV relevant to this type of credit acct for future use.

Edited April 3, 2017 by Doorman2000
to clarify

[Clydesmom]

9 hours ago, Doorman2000 said:

 I am interested in a DV relevant to this type of credit acct for future use.

You do not need a "special" DV letter based on what type of account it is.   A simple letter stating you dispute the alleged account and are requesting validation under the FDCPA and Texas Finance Code 392 will do.  Make sure to invoke Texas Finance Code as that allows you to DV ANY time unlike the FDCPA which requires it be within 30 days of initial contact.

10 hours ago, BV80 said:

Have you received a collection letter containing the 30-day notice?  If not, a DV request wouldn't do you any good.

Since the suit has already been filed DV is pointless in this case but Texas Financial Code 392 allows TX residents to DV anytime otherwise.

[BV80]

4 hours ago, Clydesmom said:

Since the suit has already been filed DV is pointless in this case but Texas Financial Code 392 allows TX residents to DV anytime otherwise.

It's the service of the lawsuit that matters.  If a defendant receives a collection letter before being served, and that letter contains the 30-day notice (initial communication), he can still request validation and the debt collector must comply before taking further action.

Defendants did not have to serve Ellis during the validation period; they could have waited until the validation period expired. Ellis v. Solomon & Solomon, P.C., 591 F.3d 130, 136 (2d Cir. 2010).

1692g(b)(in part):

Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

 

 

[Brandi34]

15 hours ago, Doorman2000 said:

I live in Harris County, TX Pct4 near place 1 in Spring,TX

Citation filed on 3/24/17 in Pct4 Place 2 in Humble,TX

I have not been served.  

Plantiff: Jefferson Capital Systems LLC

Lawyer is Chistina S Wilson

15660 Dallas Pkwy #350 - Same address as many I've seen, so assuming this will be Portfolio Recovery Associates.  I looked her up on the Bar, she has been practicing since 2012.

The debt acct in question is for a fingerhut retail acct

My question: I assume the standard DV I would send them couldn't include the parts about credit cards, as this is strickly a store credit.  Does anyone have a link to a DV relevant to this type of credit acct?  I really want to get my ducks in a row beforehand.  I have been reading all the relevant Federal and Texas Consumer Protection Statutes, and am still reading...  Not sure really what to do exactly, and don't want to submit to these JDBs as I personally feel they are going the way of Rincon Debt Management.

First things first Jefferson Capitol will prolly be the CA they have ownership partnership with Fingerhut in state of Ga or they did!?? Fingerhut has had so many lawsuits slapped against then and Jefferson Capitol it's ridiculous!! First thing you need to do is got to Google and type in fingerhut lawsuits  Jefferson Capitol!! I think with what you read and discover will more than have any suite dropped !!? You may even be able to flip the script!!? Check it out!?? U always file complaint T any point telling what's going on with BBB and they will look I to and then it's investigation and if it's like my experience they will cease halt remove from CRs and agree to not ever sale the account !??

[fisthardcheese]

1 hour ago, Brandi34 said:

First things first Jefferson Capitol will prolly be the CA they have ownership partnership with Fingerhut in state of Ga or they did!?? Fingerhut has had so many lawsuits slapped against then and Jefferson Capitol it's ridiculous!! First thing you need to do is got to Google and type in fingerhut lawsuits  Jefferson Capitol!! I think with what you read and discover will more than have any suite dropped !!? You may even be able to flip the script!!? Check it out!?? U always file complaint T any point telling what's going on with BBB and they will look I to and then it's investigation and if it's like my experience they will cease halt remove from CRs and agree to not ever sale the account !??

None of this is relevant nor will work if a lawsuit is already filed.  Again.