My question involves collection proceedings in the State of: Texas
I am in the discovery phase of a lawsuit, and am trying to do it Pro Se. I have asked the Plaintiff (not original creditor, but now they own the debt) to provide copies of the credit card application, charges, calculation of fees etc. and they have responded:
"To the extent such document exists, all documents responsive to this request will be produced when they are in the possession, custody, or control of Plaintiff."
Their only "proof" right now is an Affidavit of Indebtedness from a previous owner/collector (not original creditor). Can I file a motion to dismiss since they don't have any real evidence? What would be best way to proceed? (Affidavit has been provided during "Production" discovery).