central texas
Junior Member
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!
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!
Last edited: