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  1. #1
    Join Date
    Dec 2007
    Posts
    2

    Default Request For Admissions in Texas Small Claims Court

    Couple of issues with this:
    Constable served to my new address in Austin, but not to me personally.
    Suit is filed in small claims court of former address county of Dallas. Moved to Austin in July 2007.
    One of the admission paragraphs states that I "used the credit card account to purchase goods and services within 1 year from the date these Requests for Admissions were received". Yet, I haven't used the account since 2004 and didn't personally receive the Request for Admissions.
    I have four accounts with Plaintiff, Capital One and can't correlate the proposed judgement amount in suit with any account showing on my most recent credit report.
    All four accounts with Capital One show Charge Off on my credit report.
    Last payment dates of all accounts were in 2004 so SOL is coming due next year.

    What is best course of action here? I cannot pay full balance of this or any of the other accounts. Make more than would qualify me for financial aid. Want to fight this particular action or delay this so that it falls out of SOL (4 yrs in texas?). I filed bankruptcy in 1998 and Capital One offered the accounts to me in 199, 2000, and 2001.

    Any suggestions....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Request For Admissions in Texas Small Claims Court

    I'm not clear on what you're asking. If you want to know what to say when answering requests for admissions, answer truthfully.

  3. #3
    Join Date
    Dec 2007
    Posts
    2

    Default Re: Request For Admissions in Texas Small Claims Court

    My first question is : Can I submit a Motion to Dismiss for Improper Venue without a lawyer. I live in Austin and the suit is filed in Dallas.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Request For Admissions in Texas Small Claims Court

    If you can figure out how to draft, serve, file and argue the motion, then you should be able to proceed in pro per. I'm assuming you've been sued as an individual.

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