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Texas- Being sued by Rausch Sturm in JP4- Trial is within a month


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1. Who is the named plaintiff in the suit?

Target CC issued  by  TD bank

2. What is the name of the law firm handling the suit?

Rausch Sturm LLP

3. How much are you being sued for?

$2,878.96

4. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

In Person on 03/05/22 (note the it was filed on 7/12/22)

7. Was the service legal as required by your state?

Yes

8. What state and county do you live in?

Texas, Williamson

9. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

7/17/2019

10. What is the SOL on the debt? To find out:

4 years in Texas

11. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Yes

12. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

Yes

13. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

14 days.

14. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Nothing

Timelines

03/07/2022

 

 

Answered

04/18/2022

 

 

Motion For Discovery

10/14/2022

 

 

Notice of Hearing received

11/28/2022

 

 

Hearing  (3:45 PM)

11/28/2022

 

 

Order Granting Motion to Discovery-attached

11/30/2022

 

 

Emailed Discover level 1 to Rausch Sturm

12/01/2022

 

 

Emailed first set of interrogatories, additional request for production, admission and additional request for disclosure to Rausch Sturm

01/07/2023

 

 

Received verification-attached

07/13/2023

 

 

Hearing   (9:50 AM)

 

How do I prepare to fight this battle.

 

Thank in advance

Order Granting Discovery.JPG

Verification.JPG

Edited by kyl3xy
typo
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1 hour ago, kyl3xy said:

In Person on 03/05/23 (note the it was filed on 7/12/22)

The timeline shows an answer was filed on 03/03/2022 and the motion for discovery was filed on 04/18/2022.  How could the lawsuit have not been been filed and served until after you answered the complaint and filed the motion for discovery?  That doesn’t make sense.

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1 hour ago, BV80 said:

The timeline shows an answer was filed on 03/03/2022 and the motion for discovery was filed on 04/18/2022.  How could the lawsuit have not been been filed and served until after you answered the complaint and filed the motion for discovery?  That doesn’t make sense.

Sorry, it was my typo. Just edited.

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