Sign in to follow this  

Response to Citation for Debt Claim

Recommended Posts

My father recently received a Citation for the Debt Claim Case in Texas. I was wondering, if someone can help with the response for it. Please let me know, what information you need I can provide.

I appreciate your help and response


1. Who is the named plaintiff in the suit?

Discover Bank

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

Raush, Strum, Israel, Enderson & Hornik LLC

3. How much are you being sued for?


4. Who is the original creditor? (if not the Plaintiff)

Discover Bank

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

Served by Sheriff's Dept to my son

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

In Person 

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

Not sure

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

None (I may have called before becoming delinquent, to request payment assistance or arrangement. No correspondence once account became delinquent.

9. What state and county do you live in?

Texas, Harris County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
July 2016

11. What is the SOL on the debt? To find out:

4 years in TX

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Suit filed in Justice court for Harris County, case number provided on summons

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

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

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 (currently at day 9th day)

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Following is excerpt from the petition


A. Parties

1.         The address for Plaintiff, Discover Bank c/o Discover Products Inc., is 6500 New Albany Road, New Albany, OH 43054.

2.         Defendant, XXX maybe served with process at XXX, or at such other place as the Defendant may be found.

B. Jurisdiction

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

4, Plaintiff asserts that the above-named court has jurisdiction over the subject matter of this case and the person(s) of Defendant(s) 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 named above because Defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of suit.

D. Facts

6. On or about October XXX, 2000, Defendant(s) opened a credit account with Discover Bank in the Defendant's(s') name under its account number ending in XXX. Defendant(s) used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiffs records indicate Defendant's(s') last payment on the account occurred on July XXX, 2016. Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about February XX, 2017. 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(s) on the Account is $XXX.

8.         The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and 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 because (1) transactions between the Plaintiff and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Plaintiff and Defendant(s) which established the amount due to Plaintiff, and (3) the Defendant(s) promised to pay the Plaintiff on the indebtedness.

F. Damages

11. Plaintiff seeks damages on its liquidated claim in the amount of at least $XXX, which is within the jurisdictional limits of this coutt.

G. Conditions Precedent

12.   All conditions precedent to Plaintiffs claim for relief have been performed or have occurred.

H. Miscellany

13.   The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs’ attorneys are debt collectors.

I. Prayer

14. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following:

a.                 Actual damages in the amount of $XXX.

b.                 Court costs.

C.      All other relief to which Plaintiff is entitled.

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.

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.

Sign in to follow this