BSF25 Posted February 10, 2022 Report Share Posted February 10, 2022 Quick Question. I am behind the eight ball and late in the game but need some solid input. Upcoming trial in Texas with JDB within 30 days. They have forward flow, bill of sale, affidavits, a couple of individual statements and personal account info extracted from their mass buy. No signed agreement with original creditor and obviously no complete sales agreement for the JDB's mass buy. I did answer complaint with general denial but that is all. Trial is within 30 days and I have yet request discovery. My impression is that I should be asking for things like alleged original credit application, credit card agreement, JDB's sales agreement, etc... I also understand discovery works both ways. The issue is that if I request discovery from the JDB (judge has to approve), they will have 30 days to produce and the trial will be before then so it would be a moot point. So, the primary specific question is: At this point, am I better to... A. Request a continuance from the court to have appropriate time for me to demand discovery, motion to strike affidavit, etc...? or... B. Requesting an extension may be a tactical error and better to go into trial with no discovery on either part and just argue the issues of their lack of those items? I would really appreciate hearing possible Pro's versus Con's. Sincere thanks. Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 10, 2022 Report Share Posted February 10, 2022 7 hours ago, BSF25 said: Quick Question. I am behind the eight ball and late in the game but need some solid input. Upcoming trial in Texas with JDB within 30 days. They have forward flow, bill of sale, affidavits, a couple of individual statements and personal account info extracted from their mass buy. No signed agreement with original creditor and obviously no complete sales agreement for the JDB's mass buy. I did answer complaint with general denial but that is all. Trial is within 30 days and I have yet request discovery. My impression is that I should be asking for things like alleged original credit application, credit card agreement, JDB's sales agreement, etc... I also understand discovery works both ways. The issue is that if I request discovery from the JDB (judge has to approve), they will have 30 days to produce and the trial will be before then so it would be a moot point. So, the primary specific question is: At this point, am I better to... A. Request a continuance from the court to have appropriate time for me to demand discovery, motion to strike affidavit, etc...? or... B. Requesting an extension may be a tactical error and better to go into trial with no discovery on either part and just argue the issues of their lack of those items? I would really appreciate hearing possible Pro's versus Con's. Sincere thanks. Are you in Justice court? Who is the original creditor? Who is named as the plaintiff? Quote Link to comment Share on other sites More sharing options...
BSF25 Posted February 10, 2022 Author Report Share Posted February 10, 2022 2 hours ago, BV80 said: Are you in Justice court? Who is the original creditor? Who is named as the plaintiff? Don’t want to post too much - Justice Court - Cap 1 - MF LLC Also, wondering pro’s and con’s of requesting jury trial as opposed to judge? Quote Link to comment Share on other sites More sharing options...
texasrocker Posted February 10, 2022 Report Share Posted February 10, 2022 12 hours ago, BSF25 said: Quick Question. I am behind the eight ball and late in the game but need some solid input. Upcoming trial in Texas with JDB within 30 days. They have forward flow, bill of sale, affidavits, a couple of individual statements and personal account info extracted from their mass buy. No signed agreement with original creditor and obviously no complete sales agreement for the JDB's mass buy. I did answer complaint with general denial but that is all. Trial is within 30 days and I have yet request discovery. My impression is that I should be asking for things like alleged original credit application, credit card agreement, JDB's sales agreement, etc... I also understand discovery works both ways. The issue is that if I request discovery from the JDB (judge has to approve), they will have 30 days to produce and the trial will be before then so it would be a moot point. What county are you in? What is the name of the law firm that filed the suit and for what amount? A forward flow agreement attached to a JDB's original petition is unbelievable and totally unheard of. Please post the items they attached with your personal information redacted of course. 2 Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 10, 2022 Report Share Posted February 10, 2022 @texasrocker knows Justice Court, too. You’re in good hands. 3 Quote Link to comment Share on other sites More sharing options...
texasrocker Posted February 11, 2022 Report Share Posted February 11, 2022 I received the items in PM. It is not actually the forward flow agreement. It says "Forward flow receivable sales agreement dated December 12, 2017" at the top of the generic bill of sale and as usual refers to the actual forward flow agreement in the wording of the bill of sale. All of these documents are from multiple states and from 2017-2018 so they will be easy to beat. The first thing you need to do is petition for the court's approval to send discovery as it is a JP court. File it with the clerk in the format of the petition you were served with the court and case information at the top and send a copy via certified mail to the attorney's office that filed the lawsuit. MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY Comes now, Defendant ________________________ and files his <her> Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9 Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit. Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop his <her> defense and to minimize taking up the Court's valuable time. PRAYER Defendant prays that the honorable Court grant his <her> Motion For Permission To Conduct Discovery and grant Defendant any other relief that he <she> is entitled to. CERTIFICATE OF SERVICE I hereby certify that I,__________________ sent a true and correct copy of my MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY to _____________________________________ on ______________, 2022. Signed, _________________________________________ <Your name address and phone number> There is a top-of-the-line JDB slaying attorney close to you in Ft. Worth that would jump on this any day. Jerry Jarzombek, 817-348-8325 2 Quote Link to comment Share on other sites More sharing options...
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