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 Posted: Sat Oct 06, 2007 8:40 pm |
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I have recieved a notice to sue over a old credit card. I was woundering what The statue of limitations was on this. Thank you very much.
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kajunking007
Joined: 06 Oct 2007
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| Posted: Sat Oct 06, 2007 8:41 pm |
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Texas Statutes of Limitation
The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).
Hope this helps. Have u actually been sued or threatened suit?? Did u get a summons?
Ang
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Ang
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| Posted: Sat Oct 06, 2007 8:43 pm |
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Have you sent a debt verification letter?
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eleroo
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| Posted: Sat Oct 06, 2007 10:06 pm |
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just being sued according to the papers
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kajunking007
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| Posted: Sat Oct 06, 2007 10:32 pm |
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Do the papers have questions for u to answer? Do u have a time limit in which to answer these questions? Can u give more details and maybe some of us can help u thru this??
Good Luck,
Ang
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You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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| Posted: Sun Oct 07, 2007 5:11 am |
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Who is the company and how old is the debt? Is is a collection agency or is it the original creditor?
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fedupinpa
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| Posted: Sun Oct 07, 2007 7:50 am |
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50 days is what I have to answer by. Plaintiffs request for admissions and I can only answer this questions with admit or deny. After reading these questions they are wanting me to admitt to the debt.
Now in exhibit c it states that I have 30 days to get my answers to this interrogatories name, dob,driver license # and ss# all of my wives (only one ha)place of employment and job title (state Gov which I do not want give out do to my work is a security Issue) and they want copy of all charges and payment made and what was bought with it (like I know what I bought with the this card years ago)
exhibit d
Plaintiffs request for production produce items and I have 50 days to do it in. All records including my finacial statement and all kinds of stuff.
Exhibt E plaintiffs request for disclosure nothing there except that is a statement that plantff request that defendant discloses within fifty days of service of this request, the information or materials described in rule 194.2 (a)-(1)
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kajunking
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| Posted: Sun Oct 07, 2007 7:54 am |
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Ok u need to answer this in the 30 days and send it to them. I guess u have 50 days to give them all the information they want. This is standard procedure. They want to see what ur assets are and ur income. This is going to a court of law i don't think u have anything to worry about and if u don't produce the materials they want u can be held in contempt of court so i'd say give them what they want and what u have.
I'm gonna go to another computer and come back and post how to answer the summons.
Be back with it in a min,
Ang
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Ang
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| Posted: Sun Oct 07, 2007 8:12 am |
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Ok this is what i have:
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It is a written answer to the plaintiff's complaint, basically saying whether the plaintiff's statements are true or not. Their complaint is usually numbered, and will list every argument they have for suing you. For Example:
1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321. 2. Defendant is an individual who resides in Chicago, IL. 3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant. 4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default. 5. Defendant is in arrears the amount of $6873.00. WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff XYZ Credit Card and against Defendant John Smith for: (1) Actual damages in the amount of $6873.00; (3) Reasonable attorney fees and costs of suit; (4) Such other and further relief as the Court deems appropriate.
Your answer would repsond to each numbered statement, saying weather you agree to their allegation or not. You would basically cut and paste their complaint, and then respond. If you don't know, you can formally say that:
Defendant's Answer to Complaint 1. 1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321. ANSWER: Defendant is without knowledge or information sufficient to form a belief as to the legal status or principal address of the Plaintiff. 2. Defendant is an individual who resides in Chicago, IL. ANSWER: Defendant admits the statement in Paragraph 2. 3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant. ANSWER: Defendant admits the statement in Paragraph 3. 4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default. ANSWER: Defendant denies each and every allegation contained in Paragraph 4. 5. Defendant is in arrears the amount of $6873.00. ANSWER: Defendant denies the statement made in Paragraph 5.
If you have any affirmative defenses (like you never opened an account, it was paid off, or included in a bankruptcy) then you would list those at the end under a heading "Affirmative Defenses". The reason for you filing an answer, is to determine what you and the plaintiff disagree on. Anything you disagree on will need to be taken to trial for the Plaintiff to prove. If you really don't disagree to any of the material facts, then the Plaintiff can motion for a summary judgment without having to go through a whole trial.
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Also u must follow ur state's civil procedure codes... U can look them up online.
Hopes this helps u a bit...
How old is this debt? Cuz if u say it's out of SOL u MUST bring this up in ur defense or they can win! That is very important and also make sure to sign all documents!
U can also go to budhibbs site and ask him any questions u may have. He also has a list of naca atty's who may want to help u with this!
Hope this helps u some,
Ang
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Ang
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| Posted: Sun Oct 07, 2007 8:40 am |
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fedup: the debt is 2yrs old since last activity and it is with hsbc the law firm is Mann Bracken, llc. out of dallas
Thanks for everybody help on this matter!!!!!
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kajunking
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| Posted: Sun Oct 07, 2007 8:44 am |
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Well if i were u, i would answer and if i had any questions or felt i needed help i'd contact budhibbs!
Good luck and let us know how it goes,
Ang
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You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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| Posted: Sun Oct 07, 2007 8:49 am |
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Welcome to the Community  Anj gave you some excellent info. Also here is a link about Mann Bracken at http://www.debtconsolidationcare.com/collection-agencies/owe-payment.h tml read not only what others have dealt with, but also Budd Hibbs, as Ang mentioned..Let us know what happens, and feel free to ask questions..KAren
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Bossy4455
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Ang
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| Posted: Tue Oct 09, 2007 3:48 pm |
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Well I came home from work and went and mailed a letter to Mann Bracken llc asking for copy of discovery and all paperwork that shows proof that is my loan. Well I get back an on my answer machine is this collector with Mann Bracken from the Georgia office wanting to discuss a posible settlement. I told him I just mailed him papers asking for copies of any and all proof (validation) of this debt. Well he said that we will get the judgement wether or not you will admit to the debt or not. It took alot for me to hold my cool. He then asked if I acknoleged the dept and I told him I could not answer that till I get my paperwork back from my request. He atated that I see you know what you are doing so he said that I can call him when I am ready to settle this account. He did notice were I worked and it is a Goverment Agency in Law.
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kajunking007
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| Posted: Tue Oct 09, 2007 5:40 pm |
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Just be careful talking to them over the phone- you don't want them to twist or trick you into saying something you wished you would not have! Once you get the validation- you can decide where to go from there. Please read the previous posts and see what others heve done when dealing with them!!
Good Luck..KAren
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Bossy4455
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| Posted: Mon Nov 26, 2007 6:30 pm |
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I have sent them a validation letters and a request for discovery and still no answer from them. I also faxed all the paper work the day I mailed it. I have just sent them a 2nd request with the answer to the suit. How long do I need to wait till I get an answer from this attorney?
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kajunking007
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