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StressedinTX

Sued by Midland Funding LLC in Justice Court

8 posts in this topic

I've tried reading and understanding some of the other post but still lost and feel in over my head.

This is in Texas Court.

I was served with papers that I am being sued by Midland Funding LLC, attorney is Kyla Baxter from Scott & Associates for Capital One Bank in the amount of $1503.  They attached copies of statements for proof of balance.  How do I proceed with this? I'm lost in all the legal terms and steps to follow to submit an answer. Please help. Thank You.

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You will need to submit an answer and start preparing a defense.  Unfortunately Cap1 removed arbitration from their card agreements almost a decade ago so that is not an option.

Justice Court requires permission from the court to do discovery.  I would file a motion to do it with the answer.

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@texasrocker if I send you a copy of the summons, would you be able to help me with how to proceed. I submitted an answer and trial date is set for April. I am at a loss and can't seem to follow some how others worded their discovery request.  Thanks in advance for any help or suggestions

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9 hours ago, StressedinTX said:
 

@texasrocker if I send you a copy of the summons, would you be able to help me with how to proceed. I submitted an answer and trial date is set for April. I am at a loss and can't seem to follow some how others worded their discovery request.  Thanks in advance for any help or suggestions

Typical clydesmom hypocrisy.  Again recommends that someone should use discovery to defend themself in court after repeatedly proclaiming that if  I recommend the same to Texans then it is "bad advice" that will lead them "straight to judgment" and to boot abandons them upon asking a fully legitimate question after denouncing me for leaving someone hanging who refused to follow my instructions. 

What county are you in and which law firm filed the suit?  Ask the court clerk how they prefer you to go about requesting approval to begin discovery.  Some will just say to go ahead and proceed.  Here is my motion if that is what they need.  I will PM you the discovery in case they ask to see it during the approval process. 

 

MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY

Comes now, Defendant ______________ and files his (or her) Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9

 

Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit.  Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop his (or her) defense and to minimize taking up the Court's valuable time.

PRAYER

Defendant prays that the honorable Court grant his (or her) Motion For Permission To Conduct Discovery and grant Defendant any other relief that he (or she) is entitled to.

 

 

 

 

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1 hour ago, texasrocker said:

Typical clydesmom hypocrisy.  Again recommends that someone should use discovery to defend themself in court after repeatedly proclaiming that if  I recommend the same to Texans then it is "bad advice" that will lead them "straight to judgment" and to boot abandons them upon asking a fully legitimate question after denouncing me for leaving someone hanging who refused to follow my instructions. 

Taking this blithering idiot off ignore to respond to this one comment.  The OP did not tag me where I got a notice another question was asked.  Unlike you I have a life and don't sit here waiting for someone to ask another question.  I told them to do discovery because the OC is Cap1 and arbitration is not an option.  What else should they do sit there and do nothing?  Your reading comprehension is as bad as cheese and worse you will hijack this thread now for your own agenda like you always do.  I cannot and will not help the OP anymore because once you are involved the rest of us make popcorn and sit back and watch the disaster.  It is a shame the courts cannot require you to pay half their judgment when your advice goes bad and then you blame everyone but yourself.  Why the moderators have not banned you after all your antics is beyond me.  You are way more trouble than you are worth and going back on ignore where you belong.  

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23 hours ago, Clydesmom said:

Taking this blithering idiot off ignore to respond to this one comment.  The OP did not tag me where I got a notice another question was asked.  Unlike you I have a life and don't sit here waiting for someone to ask another question.  I told them to do discovery because the OC is Cap1 and arbitration is not an option.  What else should they do sit there and do nothing?  Your reading comprehension is as bad as cheese and worse you will hijack this thread now for your own agenda like you always do.  I cannot and will not help the OP anymore because once you are involved the rest of us make popcorn and sit back and watch the disaster.  It is a shame the courts cannot require you to pay half their judgment when your advice goes bad and then you blame everyone but yourself.  Why the moderators have not banned you after all your antics is beyond me.  You are way more trouble than you are worth and going back on ignore where you belong.  

 This OP did not ask about arbitration but still there is nothing wrong with your giving them that advice for any reason.  What is wrong is that for the last two years you have slammed me for giving the same advice and blatantly dictating in your loudmouth bullying fashion that if anyone follows through with it then they are being led straight to judgment.  The only difference between you and me giving the advice is the person giving it.  How is it that if I give that advice it is bad advice and will lead them straight to judgment but if you give it then that possibility is not even in your vocabulary?  You cannot help this person any further simply because you do not know how to do it.

What might my so-called "agenda" be in your feeble mind?  Whose reading comprehension is "as bad as cheese" (whatever that means) when you can't even distinguish the difference between a thread being hijacked and this OP specifically asking me for my assistance?  

My "antics" have led Texans to victory over losses at a ratio of at least 10 to 1 for just short of seven years now as opposed to your big fat zero.

You obviously never had me on ignore to begin with or you could not have even seen the post in order to take me off of ignore to reply.  This is just your cheap shot way of having an excuse to not answer anything that I have presented here just as always when you know you are in the wrong you run away and hide somewhere.   

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I appreciate both inputs in advice I was given. I did ask @texasrocker due to previous threads where users mentioned he was able to provide them with discovery request format/wording.  

Again I am thankful for any and all help!

 

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