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Discovery


Guest jamielockridge
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Guest jamielockridge

Is there a discovery form that can be filled out against Portfolio Recovery.

My daughter has received a Civil Court Summons. We sent a letter requesting a Discovery. 

I contacted the court because they had not responded in a few months (it was misfiled they said).

Just received a Hearing date on request of Discovery.

I would like to send the Discovery form and references to the judgements against Portfolio Recovery. 

Can you help me please?

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2 hours ago, jamielockridge said:

My daughter has received a Civil Court Summons. We sent a letter requesting a Discovery. 

If the case is filed in Justice Court you don't send a letter you have to file a motion with the court.  There is no pre-printed form for that.

2 hours ago, jamielockridge said:

Just received a Hearing date on request of Discovery.

You got lucky the court accepted the letter and set it for hearing.

2 hours ago, jamielockridge said:

I would like to send the Discovery form and references to the judgements against Portfolio Recovery.

ANY judgments against PRA are not relevant to whether or not the court will grant your request to do discovery.  If you are referring to the CFPB agreement that has no enforcement by consumers.  That is strictly between PRA and the CFPB.  Because Texas does not require evidence to be attached to a complaint when suit is filed they would not be in violation of the consent order.

There is no pre-printed form.  You need to make a list of all the information and items you want in discovery for the court.  The court may grant some, none or all of it.

You also need to seriously consider hiring a Consumer Attorney to represent her.  While you are her parent, legally if she is 18 or older  you cannot represent her in court if you are not a lawyer licensed by the State Bar in Texas.

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