Jump to content

FNBO Failed to respond to discovery ordered by Texas JP Court


Recommended Posts

I'm currently involved in a suit filed by FNBO. They are being represented by Javitch Block and the case was filed in a TX JP Court.

After being served with the Petition, I responded by filing my Answer within the proper time. After approximately 8 months, I filed a request for Pretrial Discovery with the Court and sent a copy to the Plaintiff. About 2 weeks later, the Judge signed and sent a Pretrial Discovery Order to the Plaintiffs and me.

The order contained the following language: "The responding party shall respond to the discovery requests within 30 days and shall serve the responses on the party making the discovery requests in a manner permitted under Rule 501.4" & "Failure to comply with this Pretrial Discovery Order may result in sanctions, including dismissal of the case or an order to pay the other party's discovery expenses."

More than 30 days have passed and there has been no response from the Plaintiff.

What should my next step be?

Thanks!

Link to comment
Share on other sites

20 hours ago, Tex1492 said:

...More than 30 days have passed and there has been no response from the Plaintiff.

What should my next step be?

Thanks!

Why on earth would you wait 8 months to begin the discovery process?  This should have been done when you filed your answer.

After seven days have passed send them a letter via certified mail stating that if they do not respond with answers to your discovery within seven days then you intend to file a motion to compel the answers and the forward flow agreement showing the complete chain of ownership of the alleged account.

Link to comment
Share on other sites

2 hours ago, Tex1492 said:

I appreciate your response, but I do want to confirm if your language and plan is appropriate when the Plaintiff is the Original Creditor, and not a JDB?

No it is not.  Sheesh! there is no point in sending discovery that is designed to show the court that a JDB does not have the proof that they own the debt. 

If you are being sued by an OC then you need to hire an attorney to work out a settlement agreement.  Again this should have been initiated when you filed your answer.

Link to comment
Share on other sites

1 hour ago, texasrocker said:

No it is not.  Sheesh! there is no point in sending discovery that is designed to show the court that a JDB does not have the proof that they own the debt. 

If you are being sued by an OC then you need to hire an attorney to work out a settlement agreement.  Again this should have been initiated when you filed your answer.

So the fact that the Original Creditor has ignored the Judge’s discovery order is irrelevant at this point?

Link to comment
Share on other sites

48 minutes ago, BackFromTheDebt said:

In most jurisdictions days mean business days.  

Rule 500.5 - Computation of Time; Timely Filing (a)Computation of Time. To compute a time period in these rules:  (1) exclude the day of the event that triggers the period; (2) count every day, including Saturdays, Sundays, and legal holidays; and (3) include the last day of the period, but  (A) if the last day is a Saturday, Sunday, or legal holiday, the time period is extended to the next day that is not a Saturday, Sunday, or legal holiday; and (B) if the last day for filing falls on a day during which the court is closed before 5:00 p.m., the time period is extended to the court's next business day.
  • Like 1
Link to comment
Share on other sites

  • 1 month later...
On 4/27/2022 at 9:27 AM, texasrocker said:

Why on earth would you wait 8 months to begin the discovery process?  This should have been done when you filed your answer.

After seven days have passed send them a letter via certified mail stating that if they do not respond with answers to your discovery within seven days then you intend to file a motion to compel the answers and the forward flow agreement showing the complete chain of ownership of the alleged account.

Why? If I was the OP of this case, I would simply file a motion to dismiss with prejudice citing the plaintiff refusing to comply with the courts order and see what happens. Worse case scenario with this route, you file, its done, case dismissed and the plaintiff appeals. It will only be appealed once, to the county court. If you don't want to do that file a motion to exclude the evidence before they serve that discovery. It sounds like they may not be able to produce the documents needed to sue. Evidence of the debt is their case, and if they don't have it and can't provide it now because its excluded they have no case.

Link to comment
Share on other sites

1 hour ago, alwayswinning36 said:

Why? If I was the OP of this case, I would simply file a motion to dismiss with prejudice citing the plaintiff refusing to comply with the courts order and see what happens. Worse case scenario with this route, you file, its done, case dismissed and the plaintiff appeals. It will only be appealed once, to the county court. If you don't want to do that file a motion to exclude the evidence before they serve that discovery. It sounds like they may not be able to produce the documents needed to sue. Evidence of the debt is their case, and if they don't have it and can't provide it now because its excluded they have no case.

The OP did not state that they were being sued by the original creditor until after I posted this.  I thought they were being sued by a JDB. I suppose I should have deleted my comment.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.