I've Been Served in TX..now what

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Originally Posted by mac4702 How do I answer these questions? This Michael J Scott basically wants me to admit to everything! How do I answer them without discriminating myself?

You'll need to post the questions in order for someone to help you with the answers.

Plaintiff's Request For Admissions

1) Admit that I entered into agreement with GE Capital...admit or deny
2) Admit that you accepted the credit for purchases of goods
3) admit that the account has not been paid, discharged, settled, or compromised
4) admit the charge off amount is 3516
5) Admit that the above described account is the same account which plaintiff is seeking to collect in the lawsuit

Pretty much they are wanting me to admit to everything so they can get a judgment without having to go to court! URGH!!! There are more questions but they are redundant.

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Originally Posted by mac4702 Plaintiff's Request For Admissions 1) Admit that I entered into agreement with GE Capital...admit or deny 2) Admit that you accepted the credit for purchases of goods 3) admit that the account has not been paid, discharged, settled, or compromised 4) admit the charge off amount is 3516 5) Admit that the above described account is the same account which plaintiff is seeking to collect in the lawsuit Pretty much they are wanting me to admit to everything so they can get a judgment without having to go to court! URGH!!! There are more questions but they are redundant.

let's see.if you can truthfully deny even one question.deny evrything else.for example:if the 3516 is not the actual charge off amount then everything else is iffy as well.go by that.if you can honestly deny even one,deny or put N/A in the response.yes those papers can get redundant.different ways of asking the same thing.

Thanks! I can deny some of the questions like Admit that more than 30 days prior to filing suit, Plaintiff presented "demand" letter.

I don't recall receiving a demand letter! I also noticed that the charge off amounts are different each credit report. Plus they have it listed as me making a payment 09/2006 when I don't recall making that payment.
Don't they have to prove I made that payment? Also, how can I find out what PYOD paid for this debt?
Thanks!

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Originally Posted by Anonymous Thanks! I can deny some of the questions like Admit that more than 30 days prior to filing suit, Plaintiff presented "demand" letter. I don't recall receiving a demand letter! I also noticed that the charge off amounts are different each credit report. Plus they have it listed as me making a payment 09/2006 when I don't recall making that payment. Don't they have to prove I made that payment? Also, how can I find out what PYOD paid for this debt? Thanks!

well getting PYOD to say what they paid for the debt will be difficult,as for answering their interrogatories.deny,deny,deny.make them prove their case.

And you can throw in something like this to start it off with -

Defendant cannot admit nor deny as this statement is overly ambiguous and leaves the Defendant to guess at what GE Capital credit card the Plaintiff is referring to.

BTW, not knowing what state you are in - be sure to check your rules. Can you file for discovery?

This is a perfect example of where an attorney should be retained! If this goes to court and the defendant loses there will be a judgement for the amount plus more than 1000.00 in attorney costs and court costs! A simple letter from an attorney would lead to a settlement out of court with no judgement! Who would you rather pay? Your lawyer and a settlement or their lawyer and a judgement? Unless you are well trained in the law you will be hung out to dry if you try to fight this in court alone! "The person who goes to court alone has a fool for a lawyer!" Sorry but I have been there and it is on my file for years to come!

I tried calling the "law" office that is handling the case. NO answer. I would hire an atty, but I cannot afford one. These jackals are wanting 4100.00! What is a reasonable offer to get them to go away? The process server told me they are scumbags and to offer them $500! Yall don't know how much I want to fight this out but I just don't have the money:(

PS..I am in TEXAS!!

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Originally Posted by mac4702 I tried calling the "law" office that is handling the case. NO answer. I would hire an atty, but I cannot afford one. These jackals are wanting 4100.00! What is a reasonable offer to get them to go away? The process server told me they are scumbags and to offer them $500! Yall don't know how much I want to fight this out but I just don't have the money:( PS..I am in TEXAS!!

It would be best for you to contact an attorney and work out payment arrangements. Since your credit card company has already filed a complaint against you, $500 will not make them go away. They want it all. Good Luck