Legal Question in Credit and Debt Law in Texas
Request Production of Documents or Request Dismissal
I'm being sued by a debt collector regarding a credit card. I supposedly ''breached the credit card contract'' and the debt collector has supposedly been assigned the account. I was served a citation, my general denial answer was filed with court on time.
The courts sent a letter ordering mediation. Mediation is April 2009. Court date is May 2009. I'm unemployed due to a layoff and my only income for a family of 4 is unemployment benefits which don't cover all of basic household expenses (mortgage, utilities, food, car, insurance). I know my home and car are exempt, I have less than $10 in bank account.
My question is should I file a request for production of documents or should I file a request with the court to dismiss the case? I'm asking because the citation doesn't contain a contract from the original creditor, no terms and conditions, no interest rate, no letter from the debt collector showing that they contacted me, no letter signed by orginal creditor showing assignment, etc. It has an affidavit from Pres. of debt collection company claiming personal knowledge of account. Last 4 digits of alleged account in the citation are different from last 4 of credit card, which also is not in the citation.
1 Answer from Attorneys
Re: Request Production of Documents or Request Dismissal
file request for production and motion to dismiss...call lawyer tell him your condition..ask him to dismiss..but show you have to show the Court you tried to get cooperation...and also file pauper's oath with court with counterclaim for fraud iif they claim more than you owe..good luck..
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