Wolpoff lawsuit for Discover

Hi Laura,

Texas Statute Of Limitations is 4 years. File a motion to Dismiss with Prejudice based on it being past the SOL. I doubt they waited 3 or more years after you last paid on it to charge it odff.

Is the motion to Dismiss with Prejudice filed within the response to the suit? or is it a separate action?

Thank you, LauraGV

Also call your county court house. Wolpoff & Abramson are known for creating false documents. Make sure that there is a court hearing scheduled for you on the day in question.
Like Chrys said. SOL is 4 years, you will need to bring this up to the judge. SAVE all of your info that you have from this old account. Check your credit reports to make sure that Wolpoff & Abramson did not re-age the account.
Again I cannot stress this enough. Wolpoff & Abramson MAKES FALSE DOCUMENTS Have all of the originals and copies that you can get a hold of.
They tried to do this to me and I was able to turn it around on them and I got a judgment/settlement from them (they ended up paying me). Check out rip-off report (dot)com and bud hibbs, and many other places on the internet. they are low. and whatever you do DO NOT AGREE TO ARBIRTRATION WITH THEM, the arbitration company they use is funded by them so they have not lost when they go into arbitration.

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The most important thing at this point is you respond to the lawsuit, so you don't get defaulted. After you file the answer, it will buy you some time to get your documents together. You need to send an answer to the court and to the defendant's attorney. I would suggest that you send it by certified mail to both to have proof that it is sent. This is what a sample general denial looks like:

Put in the heading of your case where it has the case number and the plaintiff and defendant names, ex:

Case Number 100000

John Doe In the Justice Court of County, Texas
vs. XYZ Company
TO THE HONORABLE JUDGE OF SAID COURT:

Defendant, ______________ ("Defendant") hereby files his Original Answer to the original petition filed by _______ ("Plaintiff") as follows:

General Denial

1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant denies each and every, all and singular, of the allegations asserted by Plaintiff, and demands strict proof thereof by a preponderance of the credible evidence.

WHEREFORE, Defendant ________ prays that Plaintiff _________ take nothing by its claims, that Defendant be discharged from all of Plaintiff's claims, and that Defendant be awarded such other and further relief, at law and in equity, to which he is justly entitled.

Respectfully submitted,

____________________________
John Doe
Address
City, Texas, Zip
Phone




CERTIFICATE OF SERVICE

I hereby certify that on April ___, 2009, a true and correct copy of Defendant=s Original Answer has been served by upon the following counsel of record:

(Defendant???s Attorney and address)


____________________________
(Print Name)

I hope this helps!

The most important thing at this point is you respond to the lawsuit, so you don't get defaulted.?? After you file the answer, it will buy you some time to get your documents together.?? You need to send an answer to the court and to the defendant's attorney.?? I would suggest that you send it by certified mail to both to have proof that it is sent.?? This is what a sample general denial looks like:
Put in the heading of your case where it has the case number and the plaintiff and defendant names, ex:
????Case Number 100000
John Doe????????In the Justice Court of
????????________ County, Texas
vs.????????
??????
XYZ Company????
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant, ______________ ("Defendant") hereby files his Original Answer to the original petition filed by _______ ("Plaintiff") as follows:
General Denial
1.??Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant denies each and every, all and singular, of the allegations asserted by Plaintiff, and demands strict proof thereof by a preponderance of the credible evidence.
WHEREFORE, Defendant ________ prays that Plaintiff _________ take nothing by its claims, that Defendant be discharged from all of Plaintiff's claims, and that Defendant be awarded such other and further relief, at law and in equity, to which he is justly entitled.
Respectfully submitted,
____________________________
John Doe
Address
City, Texas, Zip
Phone
??
??
CERTIFICATE OF SERVICE
I hereby certify that on April ___, 2009, a true and correct copy of Defendant=s Original Answer has been served by upon the following counsel of record:
(Defendant???s Attorney and address)
____________________________
(Print Name)
I hope this helps!

Thank you so much legal gal ... excellent information, and just what I needed. However, I have discovered that this debt is probably not SOL. I will probably have to bite the bullet and pay it out over time.
HOWEVER, should I send the response like legal gal has formatted for me (bless you!), and then after proof is supplied (if it is) then work on paying it out with the defendant?
I went to an attorney yesterday, and he wanted $700 to handle this. He told me on the phone that he took AMEX, but then his office said he didn't. I have cut up all of my other cc's, so AMEX is it, unless he wants to wait until next Wed when my SS comes in. The receipt date of the response is on 4/13.

Thank you all so very much,
LauraGV

Also, this attorney said that the verbage in the suit was about the sloppiest he had ever seen, but that it looked like Wolpoff was actually representing Discover Bank directly, not having purchased the debt from them. The Exhibit A information was nothing more than a screen dump of one of their computers, proving nothing.

LGVelez

Are these attorney's from Texas? Are they allowed to practice law in the state of Texas? They may be like CACH, LLC and have them working for them all over the country.

Wolpoff & Abramson have hired a local atty group to represent this suit. There are grub diggers all over the place!

LauraGV

John Doe In the Justice Court of County, Texas
vs. XYZ Company
Quote: