Defendant's Response to Plaintiff's Petition

[jjccbutts]

What is the name of your state?What is the name of your state? Texas

I was served with Plaintiff's Original Petition. It is on a credit card debt I owe. I admit owing it and am working with a debt program to get my debts paid eventually, but this credit card company of course wants their money now. I need to file a response(due 20 days after service) but am confused on what to title the document. Within the Plaintiff's Petition they have Discovery(this notes not being due until 50 days after service) with Request for AdmissionsI think it should be First Supplemental Response to Plaintiff's Discovery Request. Is that correct? Also, would you recommend going ahead and filing the Discovery with it even though they are giving me 50 days for that? Also, I am stating a closing paragraph with explanation of hardship with resolution. Is that appropriate? Obviously, I am doing this myself because I cannot afford an attorney, plus I am not denying I owe them anyway. Thanks for your advice.

 

[Debt Guy]

This is a lawyer oriented website. They are going to advise you to hire a lawyer for the advice your are seeking. This is perhaps not bad advice.

If you really want to represent yourself pro se then try www.artofcredit.com for the advice you are looking for.

Advice on the internet is worth what you pay for it. Wait, I talk that back. Some of the advice you get on the internet is just flat wrong and will cause you grief.

 

[MamaLuna]

First of all, I would not admit to owing them anything. The burden of proof lies on the plaintiff...they have to prove you owe the debt. pretty easy to do if you admit to it.

Technically you DO NOT owe the debt. Credit card companies are nothing more than glorified loan sharks....and thats an overstatement because they never loaned you anything!!! They receive an asset/credit in the amount of your credit card when you sign up for that card. Did you receive a credit of $10,000 on your account for your credit card with a $10,000 limit? I didn't, yet the cc co's recieved a credit on your behalf but never put that credit on your account. It's called montizing your signature and they don't disclose this to you (hmmm, I think that's against the law...non-disclosure).
In discovery you can request their underlying bookkeeping records (not your statements...the bookkeeping records for your account). CC Co's do not want to produce these records because they know it will prove their deception. I've spoken with people who requested these documents and the cc co's dismissed the case for the very reason that they did not want to produce these documents in a court of law. I've also spoken to others who have been stomped into the ground in court by the credit card companies. Knowledge is power. Empower yourself.

Contract law also states that in order for a contract to be binding both parties must be at risk. How is the credit card company at risk? They already received a credit in the amount of your credit card. They didn't loan you their own money, their own assets. How can they be at risk if they didn't put anything up in the first place.

I don't have any advice for you except don't make their case for them by admitting something that isn't true. Do as much research on line as you can about the laws and about credit card companies. A good place to start is the commentary Frontline did on the The Secret World of Credit Card Companies. You can probably find a link to it online somewhere. If not I'd be happy to post it for you.

Sorry to rant in my first post but CC Co's really tick me off.

 

[foolsmission]

At the interest rate they'll "settle" with and you paying minumum payments you'll be square with them in the year 2036.