Texas question

[Casper]

I've been getting solicitations from lawyers offering to help me with my legal troubles, so you know what that means...

 

I found the case online and it's Discover and I think I was into them for about $13K.  The sweethearts at Zwicker look to be the goons. ?

 

 

 

This obscure website says "

• The creditor must send you a written demand for payment (“demand letter”) at least 30 days before filing a lawsuit against you.

https://texaslawhelp.org/article/debt-collection

 

What part of Texas law says this?  I never got anything from them at this address, and they filed on Sept 8th.  I think they did send me something at my old address in Tennessee, but that was over a year ago.

 

I've been saving to offer lump sum settlements to any who sue, especially OC's, so I should be OK but will still mount a defense.

[BV80]

8 minutes ago, Casper said:

I've been getting solicitations from lawyers offering to help me with my legal troubles, so you know what that means...

 

I found the case online and it's Discover and I think I was into them for about $13K.  The sweethearts at Zwicker look to be the goons. ?

 

 

 

This obscure website says "

• The creditor must send you a written demand for payment (“demand letter”) at least 30 days before filing a lawsuit against you.

https://texaslawhelp.org/article/debt-collection

 

What part of Texas law says this?  I never got anything from them at this address, and they filed on Sept 8th.  I think they did send me something at my old address in Tennessee, but that was over a year ago.

 

I've been saving to offer lump sum settlements to any who sue, especially OC's, so I should be OK but will still mount a defense.

Discover never sent you a demand for payment?

[Phillipemoren]

Use whatever you have saved to hire a lawyer to negotiate the settlement 

[Bulldoger]

I suggest OP try first to settle with Discover for 40% before the being served.  She can call Discover to find out what law firm has the case and see what they are offering. Discover usually settles for 50% set that as a goal if offered take it.   If they don't agree on that file arbitration and hold out for 40% settle on 50%.  Only way I suggest an attorney if they agree to do it on commission of keeping  anything less than 50%.   

[Casper]

19 hours ago, BV80 said:

Discover never sent you a demand for payment?

Not here in Texas.  They just filed a sneak attack lawsuit here without the OC or Zwicker sending me anything first. 

I think Discover sent me something at my old address in TN about 15 months ago, but I dont really remember.  

I'm already looking at local attorneys and the ones who sent me letters.  they have free initial consultations I might take them up on.

 

Anyone know the answer to my initial question, though?

[BV80]

2 minutes ago, Casper said:

Not here in Texas.  They just filed a sneak attack lawsuit here without the OC or Zwicker sending me anything first. 

I think Discover sent me something at my old address in TN about 15 months ago, but I dont really remember.  

I'm already looking at local attorneys and the ones who sent me letters.  they have free initial consultations I might take them up on.

 

Anyone know the answer to my initial question, though?

The “creditor” was required to send you a demand for payment.  Zwicker is not the creditor.  It is the attorney representing Discover, the creditor.  You can deny having received a demand for payment from Discover, but if they claim they sent you one and possibly offer a copy as evidence, you have to go from there.

Speaking to an attorney is a good idea.

[BackFromTheDebt]

Discover does have an arbitration provision 

The bad news is, they usually follow through to the bitter end in arbitration. 
 

Some of us have used arbitration as a way to negotiate a better settlement.  Unfortunately you have to spend a lot of time for that.  Several, including myself settled with Discover right before the hearing was scheduled.  Often they are willing to settle for better terms just before they pay that final hearing bill.  
 

Some have suggested seeing an attorney. That depends.  In some places there is an old boys network where the attorney for the creditor is friends with some of the local consumer attorneys, and they have a standard settlement offer they always come to.  That way both attorneys get paid.  In SOME jurisdictions that is the cheapest way out.  In some others you can negotiate a settlement offer yourself with just as good terms without having to pay the attorney.  
 

 

[Casper]

On 9/14/2021 at 1:58 PM, BackFromTheDebt said:

.  In some places there is an old boys network where the attorney for the creditor is friends with some of the local consumer attorneys, and they have a standard settlement offer they always come to.  That way both attorneys get paid.  

 

I know that's right.  I got a login from my county clerk so I can view the actual pleadings of cases, and the few people who retain a lawyer have a weak general denial filed, then settle for an agreed judgement for the amount the OC wanted in the first place.  It's like collusion between the attorneys.

So many default judgements and a few pro se people trying their best, but they all end up in judgements against them in some way.  One guy wrote out a general denial and affirmative defenses on notebook paper and has a bench trial set for next month.