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dtexan

Summons LVNV Discount tire/Sync Texas

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1. Who is the named plaintiff in the suit?

LVNV Funding

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

Scott & Associates

3. How much are you being sued for?

$2000

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

Synchrony Bank

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

Served

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

In Person

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

Yes

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?

Texas, Denton

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

5/23/2017

11. When did you open the account (looking to establish what card agreement may be applicable)?

2/8/2016

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

4 Years

13. 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).

Citation Unserved

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No

16. 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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

14th day after the day you were served.  I was served at 9pm on 12/10

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

They sent a page titled "Court Debt Collection Case" and "Original Petition"  basically lists the details about the Plaintiff's Claim 

18.  How did you find out about this site?

The lovely internet and all the great information and people on this site. 

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

 

I'm new to this and looking for the best way to get this resolved.  I don't have the money to pay the entire judgement in full at this time.  I could possibly pay it in February so I don't know if some sort of payment arrangement would be best, but if at all possible I would prefer to fight this.  Thank you for everyones time and help!!!

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If you want to fight it, you are in luck.  
There is a great. Arbitration clause.  
Your homework for the next few days is to :

1.  Read up on the arbitration thread linked to in the template. 
2. Search for arbitration cases in Texas, since the courts are a little different. 

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@BackFromTheDebt Okay so I have a Defendant's Answer filled out and I'm going to submit it to the court on Monday. There is a section for Request for Judgment, I'm a little confused if I need to fill that section out.  

5.  Request for Judgement

I ask that Plaintiff take nothing from this lawsuit. I ask for costs of court. I ask for such other and further relief, at law or in equity, to which I may be justly entitled. 

Thank you, again for the help on this!

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28 minutes ago, dtexan said:

@BackFromTheDebt Okay so I have a Defendant's Answer filled out and I'm going to submit it to the court on Monday. There is a section for Request for Judgment, I'm a little confused if I need to fill that section out.  

5.  Request for Judgement

I ask that Plaintiff take nothing from this lawsuit. I ask for costs of court. I ask for such other and further relief, at law or in equity, to which I may be justly entitled. 

Thank you, again for the help on this!

Did you file any motions for arbitration?

If not, you may be shooting yourself in the foot. 
If yes, then put the request for judgement as being wanting arbitration.  

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11 hours ago, dtexan said:

I haven't filed anything yet. Should I just file a simple answer form stating that I deny the allegation?  Sorry this is my first rodeo with this lol. Thank you again.

Answer Form.pdf 122.78 kB · 0 downloads


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 as soon as possible and send a copy to the attorney's office that filed the lawsuit.

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3 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 as soon as possible and send a copy to the attorney's office that filed the lawsuit.

If electing arbitration shouldn't an affirmative defense be included in the denial?  Something like,

II.  AFFIRMATIVE DEFENSE

Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter.

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3 hours ago, Impress said:

If electing arbitration shouldn't an affirmative defense be included in the denial?  Something like,

II.  AFFIRMATIVE DEFENSE

Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter.

I suppose you could word it any way you so desire but no such affirmative defense is required in Texas.  One could actually just say, "The defendant generally denies all allegations brought forth by the plaintiff." 

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