Responding To A Debt Lawsuit

Summary

If youre facing a debt lawsuit filed by discover in nueces county, texas, its important to gather information about your last payment or communication with discover, as well as the courts name and location. This will help determine the statute of limitations and guide your next steps.

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Heather
Nice to meet you, Heather. Could you please describe the legal issue you're facing?
Debt lawsuit
Who is the plaintiff in this lawsuit? In Texas, the statute of limitations for debt is generally 4 years.
Discover
What is the amount of debt you are being sued for? In Texas, if the debt is under $*,*, the case may be heard in a small claims court.
*.*
What is the date of the last payment you made towards this debt? In Texas, the statute of limitations begins from the date of the last payment.
Not sure
Can you provide any documentation or details about the last communication you had with Discover regarding this debt?
Not sure
Could you please provide the date when you were served with the lawsuit?
*/*/*
What is the date of your last known payment or communication with Discover? This is important to determine if the statute of limitations has expired.
Maybe *
What is the exact date of your last payment or communication with Discover in *? This will help determine if the statute of limitations has expired.
Not sure
What is the court's name and location where the lawsuit was filed?
How do i respond to written answer if i already negotiated
What was the outcome of your negotiation with Discover?

In Texas, if you've reached an agreement, it should be documented and presented to the court. The court's contact is Texas Small Claims Court, (*) *-*.
Monthly payments
What is the agreed monthly payment amount and duration of the payment plan with Discover? In Texas, it's crucial to have a written agreement for debt repayment plans.
* for 22 months
What is the start date of your agreed payment plan with Discover? In Texas, it's important to keep track of all payment dates and amounts for your records.
Starting november 10th *
What is the current status of your payments? Have you been able to make the payments as agreed? In Texas, it's important to adhere to the agreed payment plan to avoid further legal complications.
Yes they are current
That's good to hear. Have you informed the court about this agreement? In Texas, it's important to notify the court about any changes in the lawsuit status.
Not yet how do i inform them
You can inform the court by filing a motion detailing the agreement you've reached with Discover. It's advisable to consult with a lawyer to ensure proper filing. Texas Small Claims Court, (*) *-*, can provide further guidance.
How do i file a motion
To file a motion in Texas, you need to:

- Draft the motion stating your request
- File it with the court clerk
- Serve a copy to the other party

Please consult a lawyer for proper guidance.
How much is filing
The filing fee varies by county in Texas, but it generally ranges from $* to $*. Please contact your local court for the exact amount. Texas Small Claims Court, (*) *-*, can provide further guidance.
Nueces county
The filing fee in Nueces County Small Claims Court is typically around $*. For the exact amount, please contact the court at (*) *-*.
So i draft a motion that we came to an agreement
Yes, you should draft a motion detailing the agreement you've reached with Discover. Make sure to include all relevant details like payment amount, duration, and start date.
Can i use a motion as a written answer
Yes, a motion can serve as a written answer if it addresses the claims in the lawsuit. However, it's best to consult with a lawyer to ensure proper filing.
Can i mail the motion or in person
In Texas, you can typically file a motion either by mail or in person. However, it's best to confirm with the Nueces County Small Claims Court at (*) *-*.
Do i send by certified mail
Yes, sending by certified mail is recommended as it provides proof of delivery. Always keep a copy of your documents for your records.
How do i draft a motion
To draft a motion in Texas, you should:

- Start with a title that identifies your motion.
- State your request clearly.
- Include facts supporting your request.
- Sign and date the motion.
- File it with the court and serve a copy to the other party.
Can my written answer include the repayment arrangement
Yes, your written answer can include the repayment arrangement. It's important to detail the terms of the agreement, such as the monthly payment amount and duration.
How do i write a written answer
To write a written answer in Texas, you should:

- Identify yourself and the case.
- Respond to each allegation in the complaint.
- State any defenses you may have.
- Sign, date, and file with the court.
- Serve a copy to the plaintiff.
How do i write a written answer with the debt repayment agreement
To write a written answer with a debt repayment agreement in Texas, you should:

- Identify yourself and the case.
- Respond to each allegation in the complaint.
- Detail the terms of the repayment agreement.
- Sign, date, and file with the court.
- Serve a copy to the plaintiff.
Do i have to pay to file a written answer
Yes, there is typically a filing fee for a written answer in Texas. The fee varies by county. Please contact Nueces County Small Claims Court at (*) *-* for the exact amount.
How much for written answer
The filing fee for a written answer in Texas varies by county. For the exact amount, please contact Nueces County Small Claims Court at (*) *-*.
Nueces
The filing fee for a written answer in Nueces County Small Claims Court is typically around $*. For the exact amount, please contact the court at (*) *-*.
Can i efile written answer
Yes, in Texas, you can e-file your written answer. Please check with Nueces County Small Claims Court at (*) *-* for specific instructions.
What happens after you get served
After being served in Texas, you typically have 20 days plus the next Monday to file a written answer with the court. Failure to respond may result in a default judgment.
Will my lawsuit get dismissed if i send a written answer of the repayment agreement
Sending a written answer detailing the repayment agreement doesn't guarantee dismissal. It's up to the court's discretion. Always consult with a lawyer for personalized advice.
Where to efile
In Texas, you can e-file your written answer through the Texas eFile system (www.efiletexas.gov). Please contact Nueces County Small Claims Court at (*) *-* for specific instructions.
When i look up they say there's no filing fee for written answers
In Texas, some courts may not charge a filing fee for written answers. It's best to confirm with Nueces County Small Claims Court at (*) *-*.
How to draft a written answer and we have negotiationed a monthly payment plan
What is the amount of debt and the agreed monthly payment? In Texas, a written answer to a lawsuit should include your defenses and any counterclaims.
*.*
What is the agreed monthly payment amount? In Texas, if you fail to respond to a lawsuit, the court may issue a default judgment.
* monthly
What is the duration of the agreed payment plan? In Texas, if you default on a payment plan, the creditor may be able to obtain a judgment against you.
22 months
What is the name and location of the court where the lawsuit was filed? In Texas, it's important to file your written answer with the correct court.
How do i write a written answer with the repayment plan
What is the name and location of the court where the lawsuit was filed?

In Texas, a written answer should include your defenses, counterclaims, and the agreed repayment plan.
What if you dont admit or deny
In Texas, if you neither admit nor deny the allegations in a lawsuit, the court may interpret it as a denial.
Is that ok
Yes, that's correct. In Texas, if you neither admit nor deny the allegations, the court generally interprets it as a denial.
Will that be bad
No, it won't necessarily be bad. In Texas, not admitting or denying allegations is generally interpreted as a denial, which allows you to contest the lawsuit.
How to dismiss the lawsuit
To dismiss a lawsuit in Texas, you can file a motion to dismiss. However, it's crucial to have valid grounds such as improper service or jurisdiction. Can you share the court's name and location?
Does my written answer have to be long
No, your written answer doesn't have to be long. It should be clear, concise, and address all the points raised in the lawsuit.
Is it good to answer
Yes, it's crucial to respond to a lawsuit. Ignoring it could lead to a default judgment against you, which can have serious consequences.
Thank you for being helpful
You're welcome! If you need further assistance or have more questions, feel free to ask.
Can you mail a written answer
Yes, you can mail a written answer to the court. Make sure to send it certified mail, return receipt requested, to have proof of delivery.
Do you have to pay by mail
It depends on the court's rules. Some courts may allow online payments. Can you confirm which court is handling your case?
Nueces County
Sure, you can pay by mail for Nueces County Court. Here's the address:

- Nueces County Courthouse, * Leopard St, Corpus Christi, TX *

Please confirm the payment method with them at (*) *-*.
How do you pay by mail
To pay by mail, you typically write a check or money order payable to the court, include your case number, and send it to the court's address. Always confirm the process with the court.
How much is it to send written answer to nueces
What is the nature of your case? The fee for filing a written answer can vary depending on the type of case.
Debt
In Texas, the fee for filing an answer in a debt lawsuit can vary. Please contact Nueces County Courthouse at (*) *-* to confirm the exact amount.
Do i mail the petition back with my answer
Yes, you should mail your answer to the court and also send a copy to the plaintiff's attorney. Make sure to keep a copy for your records.
Do i mail the petition back
What is the name and location of the court where the lawsuit was filed? In Texas, you typically need to file your answer with the court clerk and send a copy to the plaintiff's attorney.
Nueces
What is the exact name of the court in Nueces where the lawsuit was filed?

In Texas, you must file your answer with the court clerk and send a copy to the plaintiff's attorney.
They gave me a packet
What is the name of the court mentioned in the packet you received?
Nueces county
What is the exact name of the court in Nueces County where the lawsuit was filed?
What happens if i have nothing to sue for
If you're being sued for a debt and have no assets, you're considered "judgment proof." Creditors can't collect from someone who has nothing to give. However, it's important to respond to the lawsuit.
If i have no moneg am i judgement proof
Yes, if you have no assets or income, you're considered "judgment proof." However, it's crucial to respond to the lawsuit to avoid a default judgment.
Money
Are you currently unemployed or do you have any source of income? This information is crucial to determine if you're considered "judgment proof".
No income
What is the total amount of debt you owe to Discover?
*
What is the name and location of the court where the lawsuit has been filed?
What is judgement proof
Being "judgment proof" means that you have no assets or income that a creditor can legally seize to satisfy a court-ordered judgment against you.