Help in TX

Seeking advice on answer for lawsuit from Credit Union in Texas

Recommended Posts

I received a summons from a Credit Union I use to bank with, in Texas. The Petition states the Credit Union as the Plaintiff, as it has not been sold to a debt collector. 

I am being sued for an amount between $5,000 and $10,000 due to credit card debt.

The petition states the Plaintiff intends to conduct discovery. The Petition provided a generalized credit card agreement between "defendants" and "plaintiff", however there are no account numbers, no signatures of omission from defendants. or any documents provided. 

Does this mean they may or may not have access to more definitive information, proving their case? 

I have already typed up the answer to the Plaintiff's original petition, addressing each paragraph. 

Any and all advice is greatly appreciated. 

I have a little over a week before I have to respond to the Plaintiff's petition. 

Share this post


Link to post
Share on other sites
1 hour ago, Help in TX said:

The Petition provided a generalized credit card agreement between "defendants" and "plaintiff", however there are no account numbers, no signatures of omission from defendants. or any documents provided. 

Texas does not require they attach all evidence to the complaint.  You have to engage in discovery as well.

NO credit card agreement has account numbers or signatures on them.  The court is fully aware of this. 

1 hour ago, Help in TX said:

Does this mean they may or may not have access to more definitive information, proving their case? 

Not a bit.  This is an original creditor who will have all the records they need and can attest to them without an affidavit.  While it is possible to win an original creditor suit it is VERY hard.

 

Share this post


Link to post
Share on other sites

It's important to file a Motion for Discovery with court and copy to Plaintiff. If it's the original creditor, you will receive, or at least I did, every monthly statement, every addendum and bit of minutiae related to the account. It's quite a pile.

The first thing to check is the date of your first missed payment (and continuing uninterrupted) that led to this lawsuit. If you're lucky, they might have missed filing within Texas' four year statute of limitations on debt.  Texas takes the statute of limitations very seriously.  In my  lawsuit with BoA, they missed filing it by 6 days and I successfully filed a Motion for Summary Judgment  and the judge found in my favor and my case was dismissed.  

It's a longshot, but get the ball rolling.  I couldn't really figure anything out until I got all the papers. 

Share this post


Link to post
Share on other sites

Thank you for your answers! I have filed the answer with the court and sent the attorney a copy via certified mail. I also put that I would be doing discovery as well. Have not heard back from anyone yet.. 

Share this post


Link to post
Share on other sites

I received a certified letter today from the Original Lender's attorney (a credit card from a small 1 branch credit union): 

 

PLAINTIFF'S MOTION FOR DISCOVERY

"Plaintiff, XXXXX, respectfully requests this Court to grant its request to conduct discovery pursuant to TRCP 500.9.

In support thereof, Defendants, in their Original Answer, affirmatively denies that they are liable for the amount which they are being sued. 

Therefore, Plaintiff's Discovery request to serve Defendants with a Request for Disclosure, Request for Admissions and Interrogatories, so that Plaintiff, in part, can discover why Defendants believe they are not liable for the amounts claimed due in Plaintiff's Original Petition. 

Plaintiff requests that Defendants respond to this discovery within 30 days of their receipt of both the Court Order granting Plaintiff's request and the discovery outlined herein. "

 

The attorney has requested discovery, however there were no questions or interrogations within the letter.  I'm thinking of filing a document with the court, and send a certified copy to the attorney stating that there was nothing attached to the letter to identify any statements for discovery.

Any advice on how to respond to the letter? 

 

THANKS!!!

 

 

Share this post


Link to post
Share on other sites
9 minutes ago, Help in TX said:

Any advice on how to respond to the letter? 

You don't have to respond to the letter.  Justice Court in Texas requires that the parties in a case (at least one of them) get permission from the court to do discovery.  This letter asking the court for that has to be copied to you.  Once the court grants permission you will get the discovery questions sent to you by the lawyer.  You can then send your own to them.

Share this post


Link to post
Share on other sites
10 minutes ago, Clydesmom said:
 

You don't have to respond to the letter.  Justice Court in Texas requires that the parties in a case (at least one of them) get permission from the court to do discovery.  This letter asking the court for that has to be copied to you.  Once the court grants permission you will get the discovery questions sent to you by the lawyer.  You can then send your own to them.

Thank you for your response. Is there anything I should be doing in the mean time to prepare for "discovery"? 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.