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Being sued by CAP1 in TEXAS- Discovery? Arbitration?


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Ok, so- I just got served papers stating that I'm being sued by Cap1(the company, not a debt collector I think).  I'm getting ready to put together my answer letter but the first part of petition is :

"I. DISCOVERY LEVEL

1.Plaintiff intends to be conducted under Level 1 of Rule 190 of the Texas Rules of Civil Procedure."

What exactly does that mean?  How should I answer it in my answer letter? 

In addition to the summons, they attached 2 different copies of bill statements as "Exhibit 1".  How and when can I request all the documents they're using against me?

And also I was wondering what exactly this meant:

"VII. ATTORNEY'S FEES & POST JUDGEMENT INTEREST

17. Capital One Expressly Disclaims any Request for attorney's fees and/or post judgement interest whether or not Capital One is entitled to such an award by law"

I'm assuming it means I'm responsible for all Legal fees?

 

Thank you for any advice you can provide

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I think it means they will not go after you for their attorneys fees. 
 

you mentioned arbitration in the header but not the post.  You can only get arbitration if your account is old and was opened when arbitration was still in effect, if you can argue the survivability clause.  
 

what year did you open the account?

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1 hour ago, Monolithic Cheesecake said:

Aug of 2015

What's the survivability clause?  I can't find anything like that in my card agreement

It means that unless you have a copy of the credit card agreement that governed your Capital One account which is completely different from any of the Capital One Card Member agreements that everyone else on this site has been seeing for the past 8-10 years, there is no right to invoke arbitration, and you would need to proceed with the case in court or settle.  Do you have a copy of your card member / card holder agreement ?  If yes, type the text in your response that leads you to believe you can invoke arbitration.

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On 3/7/2020 at 12:21 PM, BackFromTheDebt said:

I think it means they will not go after you for their attorneys fees. 
 

you mentioned arbitration in the header but not the post.  You can only get arbitration if your account is old and was opened when arbitration was still in effect, if you can argue the survivability clause.  
 

what year did you open the account?

Do you know what they meant in the first part about discovery?  How should I respond in my answer letter?  I mean, am I denying they asked for discovery?

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8 hours ago, Monolithic Cheesecake said:

Do you know what they meant in the first part about discovery?  How should I respond in my answer letter?  I mean, am I denying they asked for discovery?

That line is a little confusing, but it appears to say they might conduct discovery under Texas law.  No need to respond.  You are entitled to discovery as well. 

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12 hours ago, Monolithic Cheesecake said:

Do you know what they meant in the first part about discovery?  How should I respond in my answer letter?  I mean, am I denying they asked for discovery?

 Level One Discovery applies to cases where the plaintiff seeks less than $100,000. 


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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1 hour ago, texasrocker said:

 Level One Discovery applies to cases where the plaintiff seeks less than $100,000. 


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.

 

Ok, This is the Answer letter I have drafted.  I have responded to each and every allegation individually instead of answering all with one line.  You think it's solid?  I have left my name and case# out for the purpose of this forum.  Thank you again

Answer Template edited3.odt

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4 hours ago, Monolithic Cheesecake said:

Ok, This is the Answer letter I have drafted.  I have responded to each and every allegation individually instead of answering all with one line.  You think it's solid?  I have left my name and case# out for the purpose of this forum.  Thank you again

Answer Template edited3.odt 20.86 kB · 0 downloads

It should be fine for now.  You didn't say how much you are being sued for but if it is for a large amount you should get an attorney to negotiate as low of a settlement as possible.  Since you are in Tarrant County Jerry Jarzombek is your best bet.  (817) 348-8325

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