janebetts

Need help - TX Portfolio Recovery lawsuit, with a twist

80 posts in this topic

4 minutes ago, Harry Seaward said:

Okay, so you don't think it's mom, but you don't think it's your husband's, and you don't think it's ID theft. Do you have a plausible theory about this account? Because, unless the plaintiff's records are in complete shambles, the court will have no choice but to find that this is your husband's account.

We believe it may be my father in law's account. It has his legal name on the paper work. His home address had the same number as our business, with a street name starting with the same letter, and we used to get mail for him on occassion at the business. 

At this point, however, it shows our son's birthday, which is what the court and SO say they have to go off of, due to there being no attachments with the suit with details that would possibly untangle this mess. They can't explain our address being mostly what is on there (it's missing the suite number), nor the fact that the name belongs legally to the deceased FIL.

Now you can understand why I'm here. This is a rat's nest, in my opinion. And trying to make heads or tails of it, with no supporting evidence to lead us one way or another, is a headache.

If today's experience of trying to even file a general denial is any indication, I fear that getting approved by the court for discovery may be impossible. 

For now, we hope the filing of the answer leads to a dismissal, so that we aren't fighting with court to even get taken seriously. We are seven hours from the attorney's office and actually took the time to even file an answer. Maybe, if we're lucky, the clerk will mention that even she is unsure if they've sued the right person. (This was one answer we were able to get out of her. That she was confused by the name vs the address vs the birthdate.)

Do we expect it to be dismissed? No. We are preparing to go to trial, and will go to our attorney, if it looks like we need one.

 

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@janebetts

In 2012 and 2013, did your son have a checking or savings account out of which he could have made payments?  I’m not suggesting that he made payments.  

What I mean is if he did not have a checking or savings account, how could he have made payments?   If he did have an account, you could get copies of records to show that no payments were made to that credit card bank. 

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On 12/6/2018 at 5:50 PM, BV80 said:

I’m sure @texasrockerwill be along and can offer an opinion on that person’s actions.

The clerk of court and those who work in the clerk’s office are not supposed to provide legal advice.  It seems to me that she crossed the line.  I don’t see how she could try to prevent you from filing an answer. 

She definitely crossed the line.  Discouraging someone from filing an answer could be construed as being partial to the opposition.   http://www.txcourts.gov/media/1220087/legalinformationvslegaladviceguidelines.pdf

I would advise to go back with three copies and say you are going to to file this answer and tell her you want your copy and the plaintiff's copy file-stamped.  Take at least one person with you so you have a witness in case she still won't budge then file a complaint with the State Commission on Judicial Conduct  http://www.scjc.texas.gov/

If you truly believe it is a case of identity theft then add "AFFIRMATIVE DEFENSES- Defendant claims Identity Theft"  between "GENERAL DENIAL" and "PRAYER" and be prepared to show the court everything that leads you to believe such.  It would help to file a police report before appearing in court.

For serving the wrong person I would file a counterclaim for failing to exercise due diligence when locating the correct person to serve.  It costs about $40 for the filing fee.  Never show any kindness to a JDB such as just calling them and telling them they served the wrong person.  Stick it to them in every way you can possibly come up with.  They are far from " just normal people working normal jobs."  They are lowlife vultures preying on people who have already reached rock-bottom by the circumstances that lead up to them not being able to pay their debts as most everyone on this board could tell you firsthand.  It is likely they knew this was questionable but still expected an easy default judgment as over 95% of defendants fail to answer.

Edit: I see now that identity theft has all but been ruled out but will leave this as is for future reference.

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3 hours ago, janebetts said:

Hold on, I just realized that two of you giving advice don't even reside in Texas. While I appreciate the input, laws are different state to state, and I need input from those in Texas who have personally dealt with our legal system on these matters.

Yes the trojan horse has arrived.  Those other than BV80 are here to stir up trouble more than anything else.  They thrive on intimidating Texans from listening to anything I have to say.  

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39 minutes ago, BV80 said:

@janebetts

In 2012 and 2013, did your son have a checking or savings account out of which he could have made payments?

 

He opened his first checking account in either December of 1993, or January of 1994. I'd have to have him check for sure.. Meaning that in May of 2012, he could not have made payments on a credit card with one. Will they even approve a person for a credit card without a checking account?*

*I'm not playing stupid with that question. I made a decision 25 years ago, that I would never have a credit card, so I legitimately don't know. I figured it was better to live within my means, and not get caught up in that racket.

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57 minutes ago, texasrocker said:

They thrive on intimidating Texans from listening to anything I have to say.

Not when you give sound advice.  This thread is a perfect example.  And "intimidating" is not the right word in other cases.  "Cautioning" is more accurate.

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2 hours ago, texasrocker said:

She definitely crossed the line.  Discouraging someone from filing an answer could be construed as being partial to the opposition.   http://www.txcourts.gov/media/1220087/legalinformationvslegaladviceguidelines.pdf

I would advise to go back with three copies and say you are going to to file this answer and tell her you want your copy and the plaintiff's copy file-stamped.  Take at least one person with you so you have a witness in case she still won't budge then file a complaint with the State Commission on Judicial Conduct  http://www.scjc.texas.gov/

 

She took my son's answer, finally. She did not date or time stamp it in front of us. When I asked about it, she said she would put on Xxxx's desk, and let her deal with it.

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10 hours ago, Harry Seaward said:

Not when you give sound advice.  This thread is a perfect example.  And "intimidating" is not the right word in other cases.  "Cautioning" is more accurate.

 It certainly reeks of intimidation when you and your same two cohorts lie in wait to overrun virtually every Texas thread continuing in your ill-fated attempts to discredit me with your bitterness.

I believe I know more about Texas courts, rules and procedures, precedents, and Texas JDB attorneys than anyone else on this board and for the record I have never doubted that you probably have equal admirable knowledge of the same in your state.   As long as my advice is carefully based on those elements combined with years of personal experience then it will remain sound advice.  

 

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9 hours ago, texasrocker said:

It certainly reeks of intimidation when you and your same two cohorts lie in wait to overrun virtually every Texas thread continuing in your ill-fated attempts to discredit me with your bitterness.

Even if any/all of this were true, it's not intimidation. Look it up in the dictionary if you don't believe me. 

Speaking of bitterness, which one of us launched an attack this time? Ah, that's right it was you. 

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2 hours ago, Harry Seaward said:

Even if any/all of this were true, it's not intimidation. Look it up in the dictionary if you don't believe me.

https://www.vocabulary.com/dictionary/intimidation Four examples are given that precisely describe your and, even more so, clydesmom's usual demeanor whenever a Texan chooses to litigate their case-

The act of intimidating a weaker person to make them do something. (Aggression and deliberately unfriendly behavior)

The feeling of being intimidated; being made to feel afraid or timid.  (An emotion experienced in anticipation of some specific pain or danger)

The feeling of discouragement in the face of someone's superior fame or wealth or status etc. ( The feeling of despair in the face of obstacles)

A communication that makes you afraid to try something.  (The expression of opposition and disapproval)

2 hours ago, Harry Seaward said:

Speaking of bitterness, which one of us launched an attack this time? Ah, that's right it was you.

You launched said attack by implying that I do not give sound advice and I replied accordingly.  I was not referring to bitterness between each other. I meant your perpetual bitterness toward mainly the Texans on this board who have been successful in winning their cases in court while you were not.

 

 

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17 hours ago, janebetts said:

Now you can understand why I'm here. This is a rat's nest, in my opinion. And trying to make heads or tails of it, with no supporting evidence to lead us one way or another, is a headache.

Why not just call the plaintiff? If you don't want to talk to the law firm, you could try PRA. They will have the evidence in front of them and be able to clear it all up. 

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When did you ever feel afraid? And you dish it right back so you can't say you are in a weaker position either. 

1 hour ago, texasrocker said:

You launched said attack by implying that I do not give sound advice

It seems you have a short term memory problem. Go back and read who first said what to refresh your memory. 

1 hour ago, texasrocker said:

I was not referring to bitterness between each other. I meant your perpetual bitterness toward mainly the Texans on this board

I'm not sure I compartmentalize my emotions to the same micro-precision that you do, but in any event, I have no bitterness toward anyone here. Perhaps you are confusing my intolerance for inaccurate information as bitterness. Or maybe it's the fact that I respond to people in the same way they treat me. Either way, the attitude always starts with you. If I'm not mistaken, you called me several things including "trojan horse", "bitter", and the oddest/creepiest thing anyone has ever called me,  "little boy". I challenge you to find one instance where I called you a derogatory name.

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OK, let's stop with the arguments and assist the OP.

Granted not everyone is from Texas, there are things that are universal enough that they apply in every state. One of those is that is someone was served for a case that has been filed in court, the clerks are required to accept an answer to that case, even if the answer is that you are not the correct person. They are also required to accept motions to the court. Not doing so can get them in trouble with their supervisor and could cause court issues with the case. As for discovery, you first make those requests on the plaintiff anyways and then only motion the court if you think the plaintiff is withholding vital information. You do not need to deal with the clerk unless you file said motion.

I would contact the Attorney for PRA at this point because I will have to talk to the attorney anyways so sooner might be better than later. That will help you get the ball rolling on this.

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Also, quite a few state laws follow what is called the Universal Commercial Code for financial contracts which is similar from state to state. The state procedures may be different but the rules and laws are similar.

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29 minutes ago, WhoCares1000 said:

I would contact the Attorney for PRA at this point because I will have to talk to the attorney anyways so sooner might be better than later. That will help you get the ball rolling on this.

What a great idea!!!! ^^^^^^^^

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3 hours ago, WhoCares1000 said:

OK, let's stop with the arguments and assist the OP.

Thank you.  I am very aware of nearly every Texas thread being thrown off-track, some even to the point where it seems to have been forgotten what the thread was about, but I cannot stand idly by when the same crew arrives every time to slam me and beat the proverbial dead horse even after they have been proven wrong.

 

3 hours ago, WhoCares1000 said:

Granted not everyone is from Texas, there are things that are universal enough that they apply in every state. One of those is that is someone was served for a case that has been filed in court, the clerks are required to accept an answer to that case, even if the answer is that you are not the correct person. They are also required to accept motions to the court. Not doing so can get them in trouble with their supervisor and could cause court issues with the case. As for discovery, you first make those requests on the plaintiff anyways and then only motion the court if you think the plaintiff is withholding vital information. You do not need to deal with the clerk unless you file said motion.

  Very true and anyone knowledgeable from any locale should be more than welcome to put in their two cents to any thread on this board but the persons of whom I compared to the story of the trojan horse, where once they have breached the gates they jump out with a surprise attack, have demonstrated numerous times that they are far more interested in trying to discredit anything I say than to genuinely provide assistance to the OP's. 

This OP has since said that she was able to file her answer but I personally would have stated that I was not leaving until I had the copies file-stamped. 

3 hours ago, WhoCares1000 said:

I would contact the Attorney for PRA at this point because I will have to talk to the attorney anyways so sooner might be better than later. That will help you get the ball rolling on this.

Why do you feel that it is inevitable that you would ever have to talk to the JDB attorney?  File a counter-suit and then if you want to talk to them it will be while you have the upper hand to tell them, "You drop your matter and I will drop mine."  

 

 

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28 minutes ago, texasrocker said:

I cannot stand idly by when the same crew arrives every time to slam me

Maybe this constantly goes on in your imagination, but it didn't happen here.  No one said one word about what you had to say until you started calling people names.

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52 minutes ago, Harry Seaward said:

Maybe this constantly goes on in your imagination, but it didn't happen here.  No one said one word about what you had to say until you started calling people names.

You just can't get enough can you?  I am not one to "call names" and seriously don't remember ever "calling you names" other than Hairy C-word a few times just because it is hilarious and at times there is dire need of some humor in this place.  I have referred to Goody Ouchless as "little boy" and your "coat tail rider" because that is exactly how he represents himself when he follows you around and repeats what you say appearing to emulate and idolize you.   You are free to disagree but I don't equate labeling someone with a humorous but appropriate nickname "calling names."  It is much closer to satire than derogatory such as political cartoons that have always been socially acceptable. 

I remember one altercation a couple of years ago when BV80 stepped in between us and you said you sincerely apologize for calling me a moron and I said I accepted the apology so if you believe I called you "little boy" then I hope you will accept my apology now.  You can rest assured that if I had a habit of "calling names" then I could think of many things much more severe than "little boy" for you.  Even Monty Python wouldn't have anything on me.   

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13 hours ago, texasrocker said:

Why do you feel that it is inevitable that you would ever have to talk to the JDB attorney?  File a counter-suit and then if you want to talk to them it will be while you have the upper hand to tell them, "You drop your matter and I will drop mine."  

Because sooner or later, you will either be in the court house for a pre-trial hearing where you will be expected to discuss your case with the opposing attorney OR you will be expected to do a meet and confer before filing a motion on the court to compel something. Even if you had an attorney, the attorneys talk to each other all of the time before hearings and trials. The courts expect it because that is how most issues get resolved.

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 Possibly so but in those situations it is highly likely that they will send a "rent-a-lawyer" who is just there so they don't lose by not showing up.  It is relatively easy to walk all over them if the chance arises.  The majority of cases that get to the point of a motion to compel having been filed in Texas are "resolved" by the plaintiff responding by filing a non-suit.

 Out of my three cases only one proceeded to trial.  My attorney did all such communications with the plaintiff by fax.  After receiving no response on what would be considered "meet and confer" before trial he slapped a MSJ on them which was ultimately granted at the trial.  (Texas does not actually specify "meet and confer" as other states do except that "discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed")  

The reason I always say to not call them is because the sole thing they are interested in is squeezing as much money out of you that they can and very few defendants who come here for the first time will have no idea how to deal with their unscrupulous tactics.  For example, even if they agree to send $25 a month it could reset the clock for SOL.  File a counter-suit first and then the tables will be turned.  They need to be considered as and treated as your enemy, not just someone you are casually doing business with.

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9 hours ago, texasrocker said:

They need to be considered as and treated as your enemy, not just someone you are casually doing business with.

Talk about Monty Python...

It actually is just a business agreement. If the debt belongs to someone other than the OP's son or husband, it will be resolved in a phone call. The ONLY reason I can see to not call is because the debt is legit and the plaintiff messed up on the name or birth date.

23 hours ago, texasrocker said:

I have referred to Goody Ouchless as "little boy" and your "coat tail rider" because that is exactly how he represents himself when he follows you around and repeats what you say appearing to emulate and idolize you.

What can I say, Harry is a wonderful human being and a mighty fine dancer.

 

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18 hours ago, Goody_Ouchless said:

It actually is just a business agreement. If the debt belongs to someone other than the OP's son or husband, it will be resolved in a phone call. The ONLY reason I can see to not call is because the debt is legit and the plaintiff messed up on the name or birth date.

What can I say, Harry is a wonderful human being and a mighty fine dancer.

 

I see that in your grandiose coat tail riding fashion you have adapted to his ploy of spinning around what was said.  I never said one word about it not being a business agreement.  What I said was JDB's are the enemy (which makes up the bulk of what this board is all about) and should not be considered just another person you may be casually doing business with. 

Whenever the opportunity rises to give them a taste of their own medicine then slap it to them as hard as possible and add to the tally of body bags. 

As a side note, next time you are out two-stepping with your idol make sure you don't compartmentalize your emotions as he seems to have conveniently misconstrued that I said y'all were here to continue your intimidation of Texans from listening to anything I have to say, not intimidating me myself.  By the way, which of you wears the petticoat and floral dress?

 

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1 hour ago, texasrocker said:

What I said was JDB's are the enemy (which makes up the bulk of what this board is all about) and should not be considered just another person you may be casually doing business with. 

Whenever the opportunity rises to give them a taste of their own medicine then slap it to them as hard as possible and add to the tally of body bags. 

I know exactly what you said and I reject it as incorrect and unhelpful to the OP.

And what's the violent imagery? Unfortunately that, too, is not just a Texas thing.

 

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1 hour ago, Goody_Ouchless said:

I know exactly what you said and I reject it as incorrect and unhelpful to the OP.

And what's the violent imagery? Unfortunately that, too, is not just a Texas thing.

 

Because in a literal sense that is what war is.   In case you have yet to notice we are at war with JDB's.

Speaking of which, you have also adapted to making the same type of comments that lead up to my wondering of who's side your mentor may be on at times.  Good job.

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4 hours ago, texasrocker said:

In case you have yet to notice we are at war with JDB's.

At war with companies that attempt to collect valid debts? Again, maybe I had rare experiences, but most of the debt buyers I dealt with were like "if it's not your debt, tell me - I'm begging you."

 

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