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JP Courts in Texas question


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I have two JDB cases against me in JP Court in Texas.  I answered, and now nothing is happening.  No hearing date is set or anything.

 

I looked at other cases in this court and a lot of them have been pending for years, some as old as 2015.

 

A few have hearing dates and trial dates that have come and gone, but the cases are still pending.  I looked up a few of he bad guy attorneys who filed, and most of them don't even work for the JDB's anymore.

 

Do they ever dismiss for want of prosecution?  I don't want to poke the bear, but I'd like to get it all over with.

 

 

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17 hours ago, Casper said:

Montgomery County.

 

Midland filed in September of last year with their in-house attorneys

Portfolio filed in October of last year through Javitch Block

 

 

 

 

What are the amounts you are being for and what documents did they include in the papers you were served with? 

Did you petition the court for their approval to begin discovery?

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Thanks so much fr your help!

Portfolio wants north of $5K and submitted a one page complaint along with some sort of account summary that looks like a statement.

 

Midland wants a little over $3K and sent a bunch of chain of title stuff and a few statements.

 

I haven't moved for discovery or anything, but I think I still can.

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16 hours ago, Casper said:

Thanks so much fr your help!

Portfolio wants north of $5K and submitted a one page complaint along with some sort of account summary that looks like a statement.

Midland wants a little over $3K and sent a bunch of chain of title stuff and a few statements.

I haven't moved for discovery or anything, but I think I still can.

Do the statements show activity on the account such as purchases, cash advances and payments or just an amount due?

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On 3/14/2022 at 4:46 PM, Casper said:

No, it's just interest and an amount due, I guess they were from after i stopped paying.

Very good!  The statements just showing an amount due are much easier to defend because they do not show that you were using the account.  The account theoretically could have been paid off or discharged in bankruptcy etc. between when they say it was charged off and the date of the statements when the JDB purchased the account. 

Who were the original creditors?

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     File this motion with the court in the same format of the petition you were served with the court and case information at the top. Make three copies, one to file with the court, one to have the clerk file-stamp for your records and one to send to the attorney's office that filed the suit.                            

 

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 this MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY to _____________________________________ on ________________, 2022.                                            

Signed, ______________________

<Your name address and phone number>

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