hopeless_texan

Sued by LVNV - Scott - in Texas JP Court

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Can anyone please help me with this. I have read several pages on here and have seen conflicting advice. I really do not want to embarrass myself in court and I cannot afford to hire an attorney. Which means that I need al the help I can get. I'm curious, does my 2-weeks time to answer start at the day the suit was filed? Or from the time I was served?

 

1. Who is the named plaintiff in the suit? 

LVNV FUNDING LLC

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

Scott & Associates, P.C.


3. How much are you being sued for?

$1500

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

Credit One Bank - Says plaintiff's claim was assigned

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

Served yesterday

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

In Person

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

I guess so. The asked my name and handed me a letter.

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

None

9. What state and county do you live in?
Harris County Texas

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

August 2015 

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

4 Years

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

I was only just served yesterday

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No. 

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.
No. 

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? 

No questionnaire was included. I only received 2 sheets of paper...

A) The first sheet is titled Justice Court Debt Collection Case

B) The second sheet titles Citation - Debt Claim  with a citation number

Plaintiff's claim is for Account Stated and/or Open Account. The claim arrises from a Visa Credit Card entered into by the dependent(s) with Credit One Bank, N.A. (Account number). The Account is in default and Plaintiff sues herein for actual damages, cost of court and continuing post-judgement interest.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
No evidence was sent

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Here's a link to Credit One's updated cardholder agreements.  These have an arbitration clause.

https://www.creditonebank.com/content/dam/creditonebank/corporate-transactional/pdf/cardholderagreements.pdf

 

Until someone else replies, you can read previous threads regarding Credit One at https://www.creditinfocenter.com/community/search/?q="credit one"

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For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following:

I.  GENERAL DENIAL

Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence.

II. PRAYER

Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he <or she> is justly entitled to.

(Your name, address and phone number)

File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.

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14 hours ago, LaneBlane said:

Here's a link to Credit One's updated cardholder agreements.  These have an arbitration clause.

https://www.creditonebank.com/content/dam/creditonebank/corporate-transactional/pdf/cardholderagreements.pdf

  

Until someone else replies, you can read previous threads regarding Credit One at https://www.creditinfocenter.com/community/search/?q="credit one"

What is the point of asking for arbitration? And am I supposed to do this in addition to file the document from texasrocker? 

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2 hours ago, texasrocker said:


For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following:

I.  GENERAL DENIAL

Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence.

II. PRAYER

Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he <or she> is justly entitled to.

(Your name, address and phone number)

 File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.

What do I do after I have done this? I read what you did texasgirl2017 and it seemed as though she had to file several other documents and ask permissions and what not.. 

 

I am sorry to sound like a total knit-whit.. I am just at a loss. After my husband got sick things went downhill financially, and he passed away a year and a half ago. Well, he was the one that handled all the financials. Stupid, I know..
Anyway, all of this is just completely out of my purview. So if I am asking dumb or redundant questions, I apologize.

Thank you so much for your help.

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You were just served within the past 2-3 days, so you made the right move by seeking help early.  So many people come here when they have just days to respond to a complaint, even hours.

I'm sure a few others with offer their input soon.

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21 hours ago, hopeless_texan said:

What do I do after I have done this? I read what you did texasgirl2017 and it seemed as though she had to file several other documents and ask permissions and what not.. 

 

I am sorry to sound like a total knit-whit.. I am just at a loss. After my husband got sick things went downhill financially, and he passed away a year and a half ago. Well, he was the one that handled all the financials. Stupid, I know..
Anyway, all of this is just completely out of my purview. So if I am asking dumb or redundant questions, I apologize.

Thank you so much for your help.

You always need to file a general denial immediately upon being sued to keep from getting a default judgment slapped on you.  

Next you need to decide if you want to fight it in court or use arbitration to get it dismissed.  If you want to fight it then since it is in a JP court you need to get the court's approval to begin discovery.  If you want to use arbitration then look through posts from @fisthardcheese to learn how to go about it.  

 

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I have a case in JP3 Court in Denton County.  They filed in the wrong JP court.  Should be 4; however, I have been submitting answers, discovery, and motions via the texas efile system.  They have all been accepted.  Does accepted mean the court/judge approved them?

We were set for pre trial but the plaintiff filed a motion for continence on the 30th day of my discovery request was due saying we had reached an agreement.  That is false.  The whole reason of the pretrial was so they could bring my payment records for the payoff amount I did.   

Thanks, waiting to see if they respond to my motion to compel.  May also file sanctions. 

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1 hour ago, DMG Denton said:

I have a case in JP3 Court in Denton County.  They filed in the wrong JP court.  Should be 4; however, I have been submitting answers, discovery, and motions via the texas efile system.  They have all been accepted.  Does accepted mean the court/judge approved them?

We were set for pre trial but the plaintiff filed a motion for continence on the 30th day of my discovery request was due saying we had reached an agreement.  That is false.  The whole reason of the pretrial was so they could bring my payment records for the payoff amount I did.   

Thanks, waiting to see if they respond to my motion to compel.  May also file sanctions. 

You need to start your own thread. But in answer to your question, having your efiling pleadings accepted only means that they were reviewed by a clerk and they appear to comply with the procedural requirements for the specific pleading. There is no guarantee that the judge has even looked at them and obviously he has not made any rulings unless there is a separate entry indicating so specifically.

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On 6/10/2019 at 9:20 AM, texasrocker said:

You always need to file a general denial immediately upon being sued to keep from getting a default judgment slapped on you.  

Next you need to decide if you want to fight it in court or use arbitration to get it dismissed.  If you want to fight it then since it is in a JP court you need to get the court's approval to begin discovery.  If you want to use arbitration then look through posts from @fisthardcheese to learn how to go about it.  

 

Ok, so how do I ask/get the court's approval to begin discovery? 

Do I just hand the person at the court that response and say "I'd like to ask permission to begin discovery?"

When I read another post on this forum, it was recommended that this individual submit THIS to ask permission for discovery.... Is THAT what I'm supposed to do? If so, does that mean I prepare both documents (the answer and the permission to conduct discovery) and submit them at the same time?

Thank you all... 

 

 

MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY

Comes now, Defendant ______________ and files 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 her defense and to minimize taking up the Court's valuable time.

 

PRAYER

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

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Also.. Thank you TexasRocker for suggesting that I read FistHardCheese's post absit arbitration. Its a raining day here in Houston, which means I could be a) working on homework (and who wants to do that), b) watching Netflix, or c) learning all about arbitration... I choose C...

My question is this: How do I find which version of the CC agreement is in effect for me? Is to the version from when the account was opened? Or the version closest to when it was closed?  Account was open in 2012 and last payment was August 2015..

I think it would behoove me to read the arbitration clause most relevant before I make a decision..

Thank you all for your help.

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1 hour ago, hopeless_texan said:

 

Ok, so how do I ask/get the court's approval to begin discovery? 

Do I just hand the person at the court that response and say "I'd like to ask permission to begin discovery?"

When I read another post on this forum, it was recommended that this individual submit THIS to ask permission for discovery.... Is THAT what I'm supposed to do? If so, does that mean I prepare both documents (the answer and the permission to conduct discovery) and submit them at the same time?

Thank you all...

Yes that is my motion.  You should ask the court how the prefer you to go about asking for approval.  Some have said just go ahead and do it, others have asked what you want to send, and others have said you need to file the motion.

You cannot do both discovery and arbitration and you cannot send discovery and then decide later to do arbitration instead.

@fisthardcheese

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