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DLC

Texas Debt lawsuits and Collections

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This is the start of MY story to address, defend and clean up my outstanding debt. 

I have been sued by one of the major law firms that represent both JDB and OC in TEXAS.

The  firm operates in other states besides Texas, so their strategy may be the same outside of Texas.  MY accounts in collections with a variety of collectors,  have  account totals ranging from $2k up to $14k.  I will post the status of my defense actions and results as they progress. I am not working presently and hope the employment situation will  change soon, as a result I have time to research and defend myself. 

First case has been filed and I was personally served.  I answered the complaint with information provided on this great forum.  I believe this forum  is monitored by collectors so I will be careful and may or may not change location and dates of the process.  I have not retained counsel and plan on defending myself all the way.  I believe I am judgement proof presently because I have no wages to garnish or bank accounts to levy. But if I do get a job, that situation may change.

Here is the most important thing I have learned to date: Beginning  last year  most courts in the US have allowed lawsuits to be filed on-line through the e-file system.  This has made it extremely easy for Plaintiffs (the debt holders) to file suit against  YOU & ME. They do not have to go to the court records  Department to file claims against you. The courts like this because the budgets of the courts get the increase revenue from the filing fees.  It is a lot easier for a court clerk to handle  filings on-line then actually  record the filing in person.  Curiously I have not heard anything about this fact going on in our Court System.  This is a lot of money flowing into the local governments. You can see this for your self by going to large counties that have there court records online.  The  filing attorneys have a standard template they use where they put your name, account number and amount of the debt. They file as many as 10 or more a day.   There are courts that handle hundreds of flings a day, some charge $300  each to file, you do the MATH. This to ME is a revelation that will have unknown consequences on the public.  

Now going forward, We the public need to use this new filing systems to our advantage when possible, and that is what I am going to do and relay to the forum.

Continued......

 

 

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My Story continued:

Now for those that think I am a disreputable person for not  paying my debts,  I respect your opinion.  I lived beyond my means far too long and this is the result, I wanted my income to grow to meet my living, but it didn't.  I have accepted my consequences and completely changed my  lifestyle. I will never go in debt again, ever.  

If you are in this debt collection situation, and you are reading this forum then you are on the right track. I believe you have to take an aggressive stance to defend against the actions of the collectors. I realize they have a job to do, but that is one job I could not do.   

My fight is against the collectors and the process. I will use the same process they use against them.   

To start your defense you have to prioritize your time to learn to defend yourself or hire and attorney. If you are like me and don't have money to hire an  attorney  then be pro-active. That means open your mail and read any correspondence from collectors, do not ignore the letters.  Follow the steps on this forum to request validation from creditors and be prepared to answer any lawsuits when you are served by a processor.   

The validation request templates are  on this forum and other places.

More important action is  to answer a lawsuit if you are served. This is imperative.  If you don't answer in the time frame of your court jurisdiction, then you are way behind  in your defense and will most likely lose and get a judgment against you. I learned a lot by studying the court records of the counties that post their records on-line.  The people that don't answer after being served are the debt collectors delight. They file for a summary judgement against you and win.  

The on-line records that show the answers to the debt collectors are a total different story.  I used some of those answers to draft my answer to my lawsuit. Most of those are dismissed .  If my case is dismissed then it may be refilled again at a later date until the statute of limitations is reached, which in Texas is four years. This four years starts when you stop paying the debt. If you stop and then start up again or promise to pay, the time starts over.

 

continued .....

 

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53 minutes ago, DLC said:

This four years starts when you stop paying the debt. If you stop and then start up again or promise to pay, the time starts over.

Only if said promise is in writing and signed by the defendant.   

TEXAS CIVIL PRACTICE AND REMEDIES CODE

Sec. 16.065. ACKNOWLEDGMENT OF CLAIM.  An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.

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26 minutes ago, texasrocker said:

Only if said promise is in writing and signed by the defendant.   

TEXAS CIVIL PRACTICE AND REMEDIES CODE

Sec. 16.065. ACKNOWLEDGMENT OF CLAIM.  An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.

An FYI to newbies:  Note that the above applies if the SOL has passed.  A payment made while the SOL is still in effect will reset the SOL.  

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2 hours ago, BV80 said:
 

An FYI to newbies:  Note that the above applies if the SOL has passed.  A payment made while the SOL is still in effect will reset the SOL.  

Exactly but I should have mentioned that a "promise to pay" while it is still in effect will not reset it.

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I received a WELCOME letter from Midland on a Synchrony  Debt.  I responded with a  certified letter for validation.

I did not receive the green card back in the mail.  The USPS website  shows it was received . 

I printed out the  the tracking and receiving data from the  USPS web site. 

I don't know how often this happens, but in my opinion it sure seems odd.

I received a second  Welcome letter in three weeks, but no validation data.

Any ideas on my next move?

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I had that happen to me where I sent an appeal to my health insurance company certified mail and with green card and never received the green card back. I complained to the post office and they refunded my postal fees. Very frustrating when you simply want to prove that mail was delivered.

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