help with Motion To Compel or Motion For Summary Judgment

[central texas]

TEXAS DEBT Case - help with Motion To Compel or Motion For Summary Judgment

What is the name of your state (only U.S. law)? Texas

Hello,

I've been in a civil dispute with a debt collector (I'm the defendant, collector is a law firm who purchased a debt from another company who purchased it from another and another on back to BOA).

I've sent a second round of requests for Admissions and Production. Both have been ignored and it's been nearly 2 months.

Admissions include:

- Please admit that defendant never applied for the account in question (listed under original complaint (5) Debt) #XXXXXXXXXX.

- Please admit that defendant never signed for the account in question (listed under original complaint (5) Debt) #XXXXXXXXX and as such there is no proof of Defendant’s personal signature on this account.

- Please admit that as of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

Additionally they failed to respond to disclosure/validation and there are admissions to this as well.


Production includes requests for the original credit application, statements, certified letter demonstrating an attempt to collect debt, any further documentation proving the validity of the debt or any contractual relationship between myself and the creditor, etc.


Basically I believe they're ignoring me an hoping I slip up or miss a court date or something (no date has been set) as I imagine it's way too expensive for them to actually put billable hours into this.

I feel my next move is to either file a motion to compel them to produce or to file a motion for summary judgment based on the admissions. I'm not sure which to do, or how I go about drafting such a document - it's difficult to find good examples online.

Any thoughts or advice is thoroughly appreciate. Thanks so much!

 

[tranquility]

Motion to compel. But, don't get your hopes up.

 

[central texas]

Motion to compel. But, don't get your hopes up.

How so? Don't get my hopes up that it'll be granted or that they'll comply with it?

 

[central texas]

thought or advice anyone? thanks!

 

[Zigner]

Abuse of the discovery process is a bad thing (see the OP's history)

 

[Texas Pooh]

The law firm didn't purchase the debt. The law firm represents the current debtor. Who is listed as plaintiff?

If they didn't answer the admissions, the admissions are deemed admitted (as if they were answered yes). File a motion for summary judgment based on the deemed admissions. As you have been advised in answer to your previous posts, there are no form motions for summary judgment. However, if your admissions were all focused on trying to prove that the law firm didn't own the debt, you've probably wasted your time. Hopefully, they were all directed towards the actual creditor.

You have also been advised that the request for validation is irrelevant in the context of litigation. Only the discovery is relevant.

 

[central texas]

Thanks for the great input.

In regards to discovery - this is my second round of admissions and production. The first was for the most part ignored. I've gotten a better grasp on the right questions to pose and directed my admissions towards the plaintiff (not the law firm) basically asking for admission that I don't owe them a thing and that they have no admissible proof to the contrary.

Motion for Summary Judgment sounds like the way to go - but all my research seems to indicate it's a pretty involved document with specific parameters. I'm wondering if it'd be best to hire an attorney to draft it for me.

On a previous thread, someone suggested the following:

I suggest you file a 'Motion to Dismiss' with the court citing their failure to prosecute the case.

Assuming I file a Motion for Summary Judgment, should I cite their failure to prosecute? Is there precedent for this?

Thanks again, especially to Texas Pooh for all the invaluable insight!

 

[JoshDom1898]

Sounds like you've put a lot of work in. I'd double check the Rules of Civ Pro in your county as in Arizona parties are limited to the number of admissions and requests of production that can be asked, they might be ignoring you because you're over the limit, in which case, you'd lose on your motion to compel.

 

[central texas]

This is only my second (and final) round of admissions and production. This appears to be in line with Texas RCP. I've been extremely fastidious and thorough with this as I can only imagine the depth of pitfalls awaiting pro se defendants like myself. It's been a lot of work, so with this last phase I really want to do everything right and by the books.

 

[central texas]

plaintiff hit me with a summary judgment today

I received a notice that the plaintiff today has filed a motion for summary judgment on the basis that there is no genuine issue of material fact submitted by myself. They never even responded to admissions.

Is there something I can do, or is it time to hire a lawyer?