so I have been sued by lvnv in texas. The law firm representing them is Scott and Associates. So far they've merely filed a petition. I know no evidence has to presented to be filed, though.
So far for my answer I am using the typical general denial and three affirmative defenses. Those are, lack of standing, agreement to arbitrate and statute of frauds. The O.C is credit one bank.
Unbeknownst to me seems the OC made boo-boos on the reporting of the account. As there is a different last payment and delinquency date on each CR entry. Calling them for information did nothing as they claimed id have to speak with the debt collection company. That sings to me "we don't keep good enough records to tell you a damn thing".
In the plea of my answer I am pointing to arbitration but not sure if the recent agreement I can google would have applied to an account alleged to been opened in 2015. I was told by OC last payment made on account was August of 2016. How could I find out which agremeent would have been in effect in September of 2015?
My intentions are to file a motion to compel arbitration, as well as a motion to seek discovery. Might as well beat them at their own game. Right? Any ideas? It may be note worthy the Google searched version of a credit one bank cardholder agreement has some small claims exception for claims brought by "you or us on an individual basis in small claims" or something to that affect. They just didn't want class actions I suppose.
Thank you. Answer hasn't been filed yet. I know I am being sued because I was served at home. Service was properly performed.