I am trying to help my son who is being sued by Capital One for credit card debt. I really wish I had found you sooner but maybe there is still time to do something, I am hoping you can help.
We issued a general denial and I was going to challenge jurisdiction so I was looking for some information for that when I happened upon this website and saw the, DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS provided to Htown, oddly enough 3 years ago today. I read it over and it looked like just what I need except the plea to the jurisdiction is addressing a debt collector and not the original creditor.
The suit was brought by debt collecting lawyers who claim that Capital One is the plaintiff. I am pretty sure that the law firm is actually the plaintiff but I have no proof of that. I asked that they prove they have authorization from Capital One but all we got was a copy of their bond. After I sent the general denial they asked for a continuance to the trial, it was postponed from June 26 to August 22, maybe. I say maybe because we have never received a notification from the court on when the date actually is, I called down there last week and the clerk lady said it was going to be on the 21st but the judge couldn't be there so they were going to change it to the 22nd. It seems to me they would be required to give us a definite date before now, it is not but about a week away now and still no official notification. She said she was going to send the notices out but as of Saturday's (8/12/2017) mail we still had nothing. The Texas rules of Civil Procedure 503.3 says they are supposed to give 45 days notice of trial date, but that doesn't mention a postponed trial, but still it seems like we should get more than a week of official written notice.
A week or so ago the law firm sent an affidavit from the accounting dept at Capital One as evidence and then Friday they sent a motion for summary judgement with another affidavit from another accounting person. I was going to just send the special exception part of your brief as they are basing their argument on the account stated. I was wondering if you had anything for the jurisdiction if the original creditor is listed as the plaintiff? Is there any way to prove the law firm bought the debt and is collecting for themselves? Any help would be greatly appreciated. I know this is short notice, again I wish I had found you sooner. I was going to challenge jurisdiction based on the fact that there is no valid contract due to the deceptive methods used to coerce my then 18yr old son into contracting with them.
Any help would be greatly appreciated.