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Sued by LVNV in Texas I need help!!!


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I was served paper on my door on January 16th  while I was at work.  This is a long story but I’m trying to figure out how to answer the court which has to be done by the 29th of January. I was going to try and settle this out if court and went on the Site of the attorney of the plaintiff  And filled out the settlement info and stated that I am unaware of this debt. Not to mention I have been fighting disputes of this on my credit report and actually had it removed from Experian  last year! soo I called them to find out why I had not heard back from them  and now they are saying they can’t speak to me since I stated I was unaware of the account and that they have 30 days to send me a debt verification letter .... so I’m in limbo! But yet I still need to answer this with the court before I have any info!  Can someone help me with what to say to the courts! I want I fight this because the original creditor was capital one and they technically closed the account a month after it was open due to their own MISTAKE!  So I was pissed and never paid it since they listed it as closed on my credit report which was definitely unfair to me and messed up my credit as soon as they did that. So I feel that LVNV DOES NOT HAVE PROOF THEY OWN THIS DEBT now 

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Ordinarily it would be advised to file a general denial right away.  Since Cap One did away with arbitratino you can't take that route.  I'm wondering, though, if you can skip the answer and file for a motion to dismiss due to lack of proper service.  Leaving the citation on your door is not legal in Texas short of a judge saying it's ok.  If you file an answer that negates the need for the plaintiff to prove you were served properly.  Can you look on your courts website and see if a service return or anything showing you were served, or anything showing the judge granted permission for it to be left on your door has been uploaded to your case?

Note:  If you do get it dismissed due to lack of service, it will most likely be without prejudice which means they can file again.   But that will give you time to prepare. 

As for LVNV having proof, these days it seems most JDBs have everything they need since paperwork is supplied electronically.  That doesn't mean you can't fight.  Also, if you used the credit card, you owed the money.  It doesn't matter if Crap1 screwed up or not.  You were still liable for the amount you spent.  It's not a defense. 

 

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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>

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