Filing a written answer to credit card lawsuit in Texas

[marton]

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

The Facts

I was served a citation on 07-16-2008 filed in my home county by Allen L. Adkins. The plaintiff is listed as Citibank (South Dakota) N.A. The outstanding balance on the statement sheet attached to the citation is to the tune of $6300.

The Discovery Request appears to be boiler plate and states that responses are due 50 days after service to Allen L. Adkins. Section A is the Request for Admissions. Section B is the Request for Disclosures. Section C is the Interrogatories. Section D is the Request for Production.

The citation itself commands a written answer to the petition by August 11 at or before 10AM.

My Research

Should a judgment be found in plaintiff's favor, I do know that Texas law protects me to an extent; my wages cannot be garnished and my home is protected by a homestead exemption. My bank account is susceptible to garnishing, though.

My Questions

1. Does anyone have experience dealing with Allen L. Adkins? I have been unable to ascertain if they have been hired by Citibank or if they are a junk collector. That Citibank is listed as the plaintiff leads me to believe the former.
2. Is a written answer to the petition separate from the Discovery Request?
3. Is a written answer to the petition different from the Discovery Request?
4. Can the written answer be a debt validation request?
5. Would a debt validation request even help at this point?
6. Does anyone have resources that include response templates/forms that are applicable in Texas?

I truly do appreciate any sincere advice.What is the name of your state (only U.S. law)?

[seniorjudge]

Q: Does anyone have experience dealing with Allen L. Adkins? I have been unable to ascertain if they have been hired by Citibank or if they are a junk collector. That Citibank is listed as the plaintiff leads me to believe the former.

A: Irrelevant. It appears you are dealing with the owner of the debt now.



Q: Is a written answer to the petition separate from the Discovery Request? Is a written answer to the petition different from the Discovery Request?

A: Yes and yes.



Q: Can the written answer be a debt validation request?

A: No.



Q: Would a debt validation request even help at this point?

A: I don't know. It never hurts.



Q: Does anyone have resources that include response templates/forms that are applicable in Texas?

A: I don't.

[JETX]

Originally Posted by marton

Does anyone have experience dealing with Allen L. Adkins? I have been unable to ascertain if they have been hired by Citibank or if they are a junk collector. That Citibank is listed as the plaintiff leads me to believe the former.

Allen L. Adkins is a licensed collection attorney in Texas. Presumably, his firm represents the creditor, Citibank.

Is a written answer to the petition separate from the Discovery Request?

Yes.

Is a written answer to the petition different from the Discovery Request?

Yes.

Can the written answer be a debt validation request?

No.

Would a debt validation request even help at this point?

It could, but a pre-trial discovery on them would be more likely of benefit.

Does anyone have resources that include response templates/forms that are applicable in Texas?

No. Texas does not have standardized legal forms.

[marton]

Thank you, both.

So from here, what is the answer that I file with the court? "Yes, I received the paperwork."?
JETX,how would I go about a pre-trial discovery on them?

[JETX]

Originally Posted by marton

So from here, what is the answer that I file with the court? "Yes, I received the paperwork."?

No. Your 'answer' is to respond to EVERY question or request that was delivered to you. Send the notarized original response to opposing counsel.... with a copy to the court.

JETX,how would I go about a pre-trial discovery on them?

You simply have a TYPED copy of the questions you want answered served on them (just as they did on you).

[marton]

Now I'm confused. I thought that the answer was different from the Discovery Request (these are the questions that have been posed to me).

[Jason-Texas]

How much do you allegedly owe?

When was the last time you paid on the account or to a credit collector for the account or used the account?

First, if you owe a lot, you might want to get an attorney.

second, depending on your last transaction on the account, the claim might be past the SOL.

I know of good attorneys here in Dallas, TX that have handled cases brought by Allen L. Adkins & Associates, P.C.

With the right discoveries, it is possible to get the case dropped.

[mommaj]

With what right discoveries. I was checking my credit report and ALLEN L ADKINS PC came up as one who has requested it. So I am just concerned that I might receive something from them. What do you mean by right discoveries and case could get dismissed?

[Antigone*of*Greece]

Please start your own thread.