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Sued in Texas? Part 1: Petition

Date: Mon, 11/17/2008 - 09:52

Submitted by atxanthony
on Mon, 11/17/2008 - 09:52

Posts: Credits: [Donate]

Total Replies: 2


If you are being sued in Texas PM me and maybe we can work together. Each state has different laws so it is more useful for all of us in Texas to work together and create a better understanding of how to fight back against a debt collectors. I was sued this year by Mann Bracken and won a "non suit" which means that they asked the court to drop the case "WITHOUT prejudice". It is my understanding, from my atty, that without prejudice is so that they can refile without looking like they go around filing frivilous lawsuits (illegal in most places). Their lawsuit had a number of items:
PAGE 1 was the CITATION.
note: Header (this is the top of the lawsuit) and contains: a.) the cause number (case #) in the middle. b) plaintiffs name vs. then the defendant's name. On the right it has the county and precinct. I just reversed their name and mine for all the future "answers" that I filed.
PAGE 2 - PAGE 15 was the PETITION or the "PLAINTIFF’S ORIGINAL PETITION WITH ATTACHED DISCOVERY" the petion contains many parts but here is the breakdown of the chapters
TO THE
I. Discovery shall be conducted under Control Plan Level 1, under Rule 190.2.
II. The Plaintiff is authorized to transact business in the State of Texas and present this claim.
III. Venue is proper……
IV. Revolving Credit Account
VI. Written Contract
VII. Common Law Contract
VIII. Agency
IX. Quantum Meruit/Unjust Enrichment
X. Promissory Estoppel = Account Stated
XII. Attorneys Fees
XIII. Interest
XIV. Conditions Precedent - Discovery Request
XVI Prayer.
Verification for Suit on Account and Amount
EXHIBIT B - Plaintiff’s Request for Admissions
Definitions:
Request for Admissions
EXHIBIT C - Plaintiff’s Written Interrogatories
Definitions
Interrogatories
EXHIBIT D - Definitions
Instructions
Request for Production
EXHIBIT E - Plaintiff’s Request for Disclosure


You know about texas requiring a bond for collectors right? Also about specific debt collection laws for this state? We have some real bite. Since they got the case dismissed, you should immediately DV them and make sure you add the written notice (from business and commerce code) that way they have 30 days to give you validation.:)


lrhall41

Submitted by goldenbast on Mon, 11/17/2008 - 12:34

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I also won a notice of non-suit after I was harrassed by Mann Bracken.. THANK GOD!


lrhall41

Submitted by on Fri, 08/14/2009 - 11:49

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