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I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction. 

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1 hour ago, Zeeland1987 said:

I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction. 

Are you in Justice Court?

 

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Thank you for sharing.  The summons I received made mentioned of pre-trial discovery pursuant to TRCP 500.9, which I've read:  Pretrial discovery is limited to that which the judge considers reasonable and necessary. Any requests for pretrial discovery must be presented to the court for approval by written motion. The motion must be served on the responding party. Unless a hearing is requested, the judge may rule on the motion without a hearing. The discovery request must not be served on the responding party unless the judge issues a signed order approving the request. Failure to comply with a discovery order can result in sanctions, including dismissal of the case or an order to pay the other party's discovery expenses.   May I submit a written motion for discovery at the same time I take my answer to the courthouse for time stamp or must I wait for an actual hearing date to make that request? I want to be proactive, not a "sitting duck." Also, I need to submit a request for debt validation--is this something that can be submitted at the same time as the summons? I don't want to big the courts down with excessive paperwork, but I also want to ensure that everything that should be on record with the courts is. Thank you again for your generous assistance and support. 

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I'm about to head to the library to review its copy of O'Connor's. I looked in line to purchase, but the cost is more than my household budget can bear at this time. As I cannot check the book out, and there are over 1,400 pages, are there any recommended sections one should consider reviewing first?

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7 hours ago, Zeeland1987 said:

May I submit a written motion for discovery at the same time I take my answer to the courthouse for time stamp or must I wait for an actual hearing date to make that request?

You can submit it at the same time.  They will set a preliminary hearing date where that motion will be heard.  The trial date will be set at that hearing.

7 hours ago, Zeeland1987 said:

Also, I need to submit a request for debt validation--is this something that can be submitted at the same time as the summons?

WAY WAY too late for that.  Now that they have sued there is NO point to debt validation.  Midland is free to ignore that.

 

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I've been reading a 2015 revision to TX debt claim Rules 508, and it appears to me that the courts are leaning heavily in favor of the JDBs--would I be correct in that presumption? Seems as if the burden of proof for the plaintiff has been drastically reduced. 

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7 minutes ago, Zeeland1987 said:

I've been reading a 2015 revision to TX debt claim Rules 508, and it appears to me that the courts are leaning heavily in favor of the JDBs--would I be correct in that presumption? Seems as if the burden of proof for the plaintiff has been drastically reduced. 

How have they been reduced?

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19 minutes ago, Zeeland1987 said:

I've been reading a 2015 revision to TX debt claim Rules 508, and it appears to me that the courts are leaning heavily in favor of the JDBs--would I be correct in that presumption? Seems as if the burden of proof for the plaintiff has been drastically reduced. 

Burden of proof hasn't been "reduced," it's just that computerized records mean a debt buyer has as much evidence as the original creditor. I cringe when I read "JDB" these days, as the "J" stands for "junk." These accounts are now fully documented - they are anything but "junk." Debt Buyers have their routine down to a science, providing self-authenticating business records that preclude the need for live witnesses.

Unless you can get this into contractual arbitration, I wouldn't waste time trying to "win" in court. Meet all of your deadlines and hope they don't show up, but that's really grasping at straws.

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Plaintiff must establish a valid, enforceable contract, privity between the parties, performance by the issuer, breach by defendant, and injury to the issuer or holder by cause of the breach. 

Stated account allows recovery for unpaid goods or services without formal contract...it may include a credit card debt where the actual contract is not available...

The Texas Rules of Evidence do not apply to a debt claim case...the judge may not reject a sworn statement if the only reason for the rejection is because the documents made the basis of the sworn statement were created by a third party and subsequently incorporated into and relied upon by the plaintiff in its business. ..Rule of Evidence 902, allowing for self-authentication of certain evidence--meaning that no extrinsic evidence of authenticity (evidence other than affidavit) is required in order to admit the documents of a regularly conducted business activity. 

Appears to me that the robo-signed affidavit is enough for the plaintiff to support its claim and any other request for documentation becomes a moot point. 

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I know it's hard to accept, especially when so much old information appears to provide so much hope. 

Everyone in the court house knows that the plaintiff didn't find a bunch of CC statements, get a tub of white-out, and forge your name. If you want to get out of a legitimate debt you really need to arbitrate. 

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47 minutes ago, Zeeland1987 said:

Plaintiff must establish a valid, enforceable contract, privity between the parties, performance by the issuer, breach by defendant, and injury to the issuer or holder by cause of the breach. 

Stated account allows recovery for unpaid goods or services without formal contract...it may include a credit card debt where the actual contract is not available...

The Texas Rules of Evidence do not apply to a debt claim case...the judge may not reject a sworn statement if the only reason for the rejection is because the documents made the basis of the sworn statement were created by a third party and subsequently incorporated into and relied upon by the plaintiff in its business. ..Rule of Evidence 902, allowing for self-authentication of certain evidence--meaning that no extrinsic evidence of authenticity (evidence other than affidavit) is required in order to admit the documents of a regularly conducted business activity. 

Appears to me that the robo-signed affidavit is enough for the plaintiff to support its claim and any other request for documentation becomes a moot point. 

The standard really hasn't changed.  As @Goody_Ouchless, pointed out, some JDBs have simply improved their strategies.

In regard to a robo-signed affidavit, it's up to the opposing party to show that the affidavit was robo-signed. 

I'm not saying that this applies to you, but I think some defendants mistakenly believe that a plaintiff in a civil matter must prove his claims "beyond a shadow of a doubt".   That's not true.   In civil court, a matter is decided based upon the preponderance of the evidence.   The side with at least 51% in its favor wins.

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