proper service

#1 03-25-2005, 11:39 AM

ok here'e the deal

possible collection lawsuit filed in tx. i'm 3000 miles away. should i receive paperwork on this or do you think they will go for default MSJ?

collection lawsuit is on a corp.

saw a letter from a debt settlement company in tx that said a case had been filed and gives a case number. they said they could settle this for the corp and if they couldnt, no charge.

no paperwork served as of today.

#2 03-25-2005, 02:23 PM

Defaults can be blown away.

If it were me, I'd avoid service.

#3 04-01-2005, 02:39 PM

got served at office on this.

next step?

#4 04-02-2005, 04:12 AM

If it were me, i'd send a VoD ASAP to the "law" firm. then, i'd scavenge this site for relevant material to put a proper defense together as a JIC measure...

jon

#5 04-02-2005, 04:19 AM

sent a VOD to the CA/lawyer.

he sent a copy of two supposed invoices.

I had asked for VOD, with a letter of representation from the org OC. So I sent the "information" back to him.

They filed suit.

#6 04-02-2005, 04:21 AM

proper defense together as a JIC measure

JIC?

dadmoonbunny · #7 04-02-2005, 05:18 AM

JIC= Just In Case. Sort of like the OHMYGOD defense, only depending upon oneself and ones learning and wisdom rather than divine intervention.

It is to grin, not to offend.

SIC GORGIAMUS ALUS SUBJUCTATOS NUNC

#8 04-02-2005, 02:52 PM

no problem

Jerseee · #9 04-02-2005, 05:15 PM

Cobra,

Offer to satisfy the alleged debt.

Have a CPN ready.

Also, invoices and statements are not validation of debts. Anyone can produce them. Ask for the source document (the application with original signatures).

#10 04-04-2005, 05:24 PM

Thanks Jerseee

the problem right now is that copies of the two invoices is backed up with a affidavit. Still, no contract, no application, no nothing just a affidavit saying this is true.

I believe the CA/lawyer is betting on a fold because this is 3K away.

I'm trying to get some information on the "employee" who just happens to be local the CA/lawyer and the notary who just happens to work for a nother local lawyer.

funny thing was that I got a letter for a debt settlement co about this whole thing within 7 days of the filing. He even called before I got the papers serve on me. He wanted to offer "his service".

I want to see a contract and I want to see the person who did the affidavit to some questions like:

where's the contract

where's the signature

But I feel this is a railroad job.

I have to answer 30 days from today. I want to make a good first move on this. I need some things to throw at them. How do I tear apart the affidavit?

Tomorrow, I'm going to find this person who did the affidavit. some of the things look kinda of fishy, but if I do nothing, I believe the judge will go for MSJ.