Texas
I have a debt collection attorney suing me for a credit credit for their client TD Bank. I am located in Texas. This suit was originally filed on April 6, 2016. I sent my answer in the allowed time and I also requested a production of documents (Discovery Request). I received the discovery request answers in the time allowed but in their answers to my request they referenced TD Bank with account number XXX in the first half of the answers and referenced a completely different credit card company with different account number in the second half of the answers provided. My question would be is this sufficient grounds to request a motion to dismiss and if so can the motion be presented to the judge at the time of next court date or does it have to be filed with the courts first? Reason I ask is I have court tomorrow 4/26/18. I was communicating with a law firm to help me with my case and just last Thursday they informed me they could not continue with my case due to work load. The court will not let me change my date to seek other counsel due to the fact that the suit has been open more than 2 years. I just need some advise on how to present this to the judge to get this case dropped due to inaccurate information provided by the Plaintiff and submitted to the courts
I have a debt collection attorney suing me for a credit credit for their client TD Bank. I am located in Texas. This suit was originally filed on April 6, 2016. I sent my answer in the allowed time and I also requested a production of documents (Discovery Request). I received the discovery request answers in the time allowed but in their answers to my request they referenced TD Bank with account number XXX in the first half of the answers and referenced a completely different credit card company with different account number in the second half of the answers provided. My question would be is this sufficient grounds to request a motion to dismiss and if so can the motion be presented to the judge at the time of next court date or does it have to be filed with the courts first? Reason I ask is I have court tomorrow 4/26/18. I was communicating with a law firm to help me with my case and just last Thursday they informed me they could not continue with my case due to work load. The court will not let me change my date to seek other counsel due to the fact that the suit has been open more than 2 years. I just need some advise on how to present this to the judge to get this case dropped due to inaccurate information provided by the Plaintiff and submitted to the courts
