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How do i send a General Denial to Rauch Sturm, LLP?  Is this a form letter?  If so where can i get a copy of it?  


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How do i send a General Denial to Rauch Sturm, LLP?  Is this a form letter?  If so where can i get a copy of it?  

 

I need to know how to answer a general denial for a Discover credit card case in Texas. Do i have to fill out a specific form from the law firm that is suing me? It states that they are waiting for my answer within the 14 days of being served; 

Can i leave every defense blank except to ask for proof of their claim and to let me know of all court dates etc.; How and where do i word this on the form?  

 

Thank you for any and all help!

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1 hour ago, K R said:

 

How do i send a General Denial to Rauch Sturm, LLP?  Is this a form letter?  If so where can i get a copy of it?  

 

I need to know how to answer a general denial for a Discover credit card case in Texas. Do i have to fill out a specific form from the law firm that is suing me? It states that they are waiting for my answer within the 14 days of being served; 

Can i leave every defense blank except to ask for proof of their claim and to let me know of all court dates etc.; How and where do i word this on the form?  

 

Thank you for any and all help!

The county court in which the lawsuit was filed probably has an answer form online that you can print out and fill out.  Search posts by @texasrockerfor defenses such as “lack of standing”, etc. and other directions.  You need to keep one copy for yourself, file one with the court, and send one to the attorney for the plaintiff.

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21 minutes ago, BV80 said:

The county court in which the lawsuit was filed probably has an answer form online that you can print out and fill out.  Search posts by @texasrockerfor defenses such as “lack of standing”, etc. and other directions.  You need to keep one copy for yourself, file one with the court, and send one to the attorney for the plaintiff.


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.  You don't need to concern yourself with with any defenses at this time unless it is out of SOL.

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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30 minutes ago, texasrocker said:

 You don't need to concern yourself with with any defenses at this time unless it is out of SOL.

 

Terrible advice to OP. You should research and understand ALL applicable affirmative defenses you can use.

Affirmative defenses are your counter cause of actions. It will be up to you to prove them, so this gives you the foundation for an offensive move. But without it you can not argue that. Its like agenda items at a meeting. If its not on the agenda, it can not be brought up

If you do not include a claim to a defense, you can not raise it later...not without filing an amended answer which may / may not cost you more $$ (in california the first amended reply is free but must be done within 10 days)

You MUST fully research what affirmative defenses mean and how you could argue them. Or you can never raise it. 

The ramifications of this will extend beyond the lower court and into an appeals if it happens.

When it comes to these wolves you must practice a strong defense by explictily asserting your rights and defenses at every opportunity (ie paper) you can.

 

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9 minutes ago, YoRocky said:

Bad advice to OP. You should research and understand ALL applicable affirmative defenses you can use.

If you do not include a claim to a defense, you can not raise it later...not without filing an ammended answer which may / may not cost you more $$ (in california the first amended reply is free but must be done within 10 days)

You MUST fully research what affirmative defenses mean and how you could argue them. Or you can never raise it. 

The ramifications of this will extend beyond the lower court and into an appeals if it happens.

 If you were able to comprehend the OP's post you would have noticed they said, "I need to know how to answer a general denial for a Discover credit card case in Texas.

Your trolling lunacy is seriously getting out of control.  You obviously have no clue regarding Texas procedure so stop leading people astray with conjecture and assumptions. 

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21 minutes ago, texasrocker said:

 If you were able to comprehend the OP's post you would have noticed they said, "I need to know how to answer a general denial for a Discover credit card case in Texas.

 

Here we go again with you demonstrating your ignorance. 

AFFIRMATIVE DEFENSE PRINCIPLES AND ITS STRATEGY APPLY TO ANY STATE. 

I suggest you quiet down  and READ so you can LEARN. Start here

https://library.nclc.org/ca

Look at the chapters on defenses and counter claims. 

Or dont read and remain ignorant.

OP I suggest you read that link and start googling each defense that is applicable. Do not take anything you read on this forum without vetting it with scholarly research on the topic. Especially ignore the egos on here who so clearly demonstrate their lack of legal knowledge when they 'rebut' with personal attacks. They are a distraction

The NCLC is an excellent organization and starting point

A rather exhaustive list of affirmative defenses are here:

https://saclaw.org/wp-content/uploads/form-attach4.pdf

also here

https://courtroom5.com/blog_content/31-affirmative-defenses-and-how-to-assert-them/

You will need to understand what they are. Do not just copy paste. Research and follow the rabbit holes. Its a lot of work but you will gain an immense education and confidence from it.

 

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17 minutes ago, YoRocky said:

Here we go again with you demonstrating your ignorance. 

AFFIRMATIVE DEFENSE PRINCIPLES AND ITS STRATEGY APPLY TO ANY STATE. 

I suggest you quiet down  and READ so you can LEARN. Start here

https://library.nclc.org/ca

Look at the chapters on defenses and counter claims. 

Or dont read and remain ignorant.

OP I suggest you read that link and start googling each defense that is applicable. Do not take anything you read on this forum without vetting it with scholarly research on the topic. Especially ignore the egos on here who so clearly demonstrate their lack of legal knowledge when they 'rebut' with personal attacks. They are a distraction

The NCLC is an excellent organization and starting point

A rather exhaustive list of affirmative defenses are here:

https://saclaw.org/wp-content/uploads/form-attach4.pdf

also here

https://courtroom5.com/blog_content/31-affirmative-defenses-and-how-to-assert-them/

You will need to understand what they are. Do not just copy paste. Research and follow the rabbit holes. Its a lot of work but you will gain an immense education and confidence from it.

 

The OP is in Justice Court which does not require affirmative defenses in a general denial.

Rule 502.5

(b) General Denial.

An answer that denies all of the plaintiff’s allegations without specifying the reasons is sufficient to constitute an answer or appearance and does not bar the defendant from raising any defense at trial.

@texasrockeris from TX and has helped many TX consumers on this site to win lawsuits.  He is far from ignorant.

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17 minutes ago, YoRocky said:

Here we go again with you demonstrating your ignorance. 

AFFIRMATIVE DEFENSE PRINCIPLES AND ITS STRATEGY APPLY TO ANY STATE. 

I suggest you quiet down  and READ so you can LEARN. Start here

https://library.nclc.org/ca

Look at the chapters on defenses and counter claims. 

Or dont read and remain ignorant.

OP I suggest you read that link and start googling each defense that is applicable. Do not take anything you read on this forum without vetting it with scholarly research on the topic. Especially ignore the egos on here who so clearly demonstrate their lack of legal knowledge when they 'rebut' with personal attacks. They are a distraction

The NCLC is an excellent organization and starting point

A rather exhaustive list of affirmative defenses are here:

https://saclaw.org/wp-content/uploads/form-attach4.pdf

You will need to understand what they are. Do not just copy paste. Research and follow the rabbit holes. Its a lot of work but you will gain an immense education and confidence from it.

 

Again you are referring to California documents.  If you were knowledgeable of even the very basics of defending a lawsuit then you would know that only material from the state in which it was filed is valid, relevant, and admissible. 

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Just now, BV80 said:

The OP is in Justice Court which does not require affirmative defenses in a general denial.

Rule 502.5

(b) General Denial.

An answer that denies all of the plaintiff’s allegations without specifying the reasons is sufficient to constitute an answer or appearance and does not bar the defendant from raising any defense at trial.

@texasrockeris from TX and has helped many TX consumers on this site to win lawsuits.  He is far from ignorant.

I already explained the issue at hand. OP needs to assert the affirmative defenses early on, or waste time and money adding it later. It will just be an uphill battle for them

Strong offense from the very start is the key to success.

As for the texas person all i have seen is ignorant responses from an insecure ego.

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5 minutes ago, texasrocker said:

Again you are referring to California documents.  If you were knowledgeable of even the very basics of defending a lawsuit then you would know that only material from the state in which it was filed is valid, relevant, and admissible. 

Wait. are you saying that affirmative defenses in debt defense cases dont exist in texas? Im are you seriously suggesting that only california has this 'feature'?

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13 minutes ago, YoRocky said:

Wait. are you saying that affirmative defenses in debt defense cases dont exist in texas? Im are you seriously suggesting that only california has this 'feature'?

No but Im are you seriously suggesting that you scroll up and review what I said about your inability to comprehend what you read and your blatant unawareness of Texas procedure.

 

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4 minutes ago, YoRocky said:

I already explained the issue at hand. OP needs to assert the affirmative defenses early on, or waste time and money adding it later. It will just be an uphill battle for them

Strong offense from the very start is the key to success.

As for the texas person all i have seen is ignorant responses from an insecure ego.

And you know how TX courts work?  How many times have you been sued in TX Justice Court?  

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19 minutes ago, YoRocky said:

I already explained the issue at hand. OP needs to assert the affirmative defenses early on, or waste time and money adding it later. It will just be an uphill battle for them

For the third time now you are referring to California procedure and your own conjecture and assumptions. There is no need to file an amended answer to add affirmative defenses in Texas or any fee to file an amended answer for any reason.

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13 minutes ago, texasrocker said:

For the third time now you are referring to California procedure and your own conjecture and assumptions. There is no need to file an amended answer to add affirmative defenses in Texas or any fee to file an amended answer for any reason.

You didnt bother to read the links book i posted huh? Has nothing to do with california procedure at all but rather the principles of affirmative defenses which the BOOK i posted advocates as the ONLY strong defense in consumer debt cases.

If OP doesnt claim affirmative defenses in the start it will be EASY to object to it during discovery.

Your credibility is in question when you cant bother to respond to the merits but always fall back on ad hominem. With no actual links to back up your claims, you are just 'all hat'. 

OP I hope you can filter out these emotionally reactive personalities and urge you to have a hunger for legal knowledge. It will shred any opposition esp from ignorant advocates.

 

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18 minutes ago, BV80 said:

And you know how TX courts work?  How many times have you been sued in TX Justice Court?  

Irrelevant. Whats relevant is affirmative defenses in consumer debt cases.

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7 minutes ago, YoRocky said:

Irrelevant. Whats relevant is affirmative defenses in consumer debt cases.

It most certainly is relevant when you are giving incorrect information for courts about which you know nothing.   I suggest you allow the seasoned member who does understand TX rules and law regarding debt cases to advise TX consumers.

Please refrain from continuing to post in this thread.  I will not warn you again. 

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1 hour ago, YoRocky said:

You didnt bother to read the links book i posted huh? Has nothing to do with california procedure at all but rather the principles of affirmative defenses which the BOOK i posted advocates as the ONLY strong defense in consumer debt cases.

No I did not read the book.  There was no need to after reading the summary page that you posted because I could tell that I already know everything that is covered in the book.  It sure is peculiar that the only mention of affirmative defenses was SOL which I did bring up in my reply to the OP.

The pdf file lists defenses which are irrelevant to modern-day JDB collection cases and the blog link you posted even more so.  Using these will only show the plaintiff and the court that you copied and pasted them off of the internet and you are an easy target.

 

1 hour ago, YoRocky said:

Your credibility is in question when you cant bother to respond to the merits but always fall back on ad hominem. With no actual links to back up your claims, you are just 'all hat'. 

There are too many to list here.   Research my posts on this forum from the past nine years.  

 

1 hour ago, YoRocky said:

If OP doesnt claim affirmative defenses in the start it will be EASY to object to it during discovery.

Thanks for showing us that you also have no clue as to how to conduct discovery!  If you don't initially claim any defenses it will be EASY to spring everything on them throughout the discovery process.

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I have been on this and other forums for over a decade.  By this time I have seen what works and what doesn’t work. 
 

The single biggest asset is having someone who knows the situation in a particular state. I was fortunate when I first posted in CIC that there was someone from Wisconsin who had wiped out hundreds of thousands of dollars in debt.  I followed his lead and wiped out over $100k in debt.  Another fellow wiped out six figures as well.  
 

In the aggregate, special advice given to folks in states like Wisconsin, Texas, California and Florida has wiped out probably millions of dollars in debt. 
 

What doesn’t work:

Random stuff seen on the internet.  For example, over a decade ago we used to load our answers with all sorts of random affirmative defenses we found on the internet.  They rarely worked.  
 

A certain poster on this thread has given seriously terrible advice on several threads.  He claims those of us who have helped wipe out millions in debt are wrong, and he is right because he says so. 
 

A rational approach is to listen to those who have been there before and helped others wipe out millions. 
 

When in Texas, listen to @texasrocker

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