In response to a small claims suit I filed against a CA for a $235 charge off. I) General Denial - Defendant denies each and every allegation in Plaintiff's Original Petition and demands strict proof thereof. ya ya bull II) Defendant does not have the legal capicity to be sued in the capacity named in these pleadings because the Defendant has not been named in its correct corporate capacity. Defendant is not liable in the capacity in which it is sued because the Defendant's correct corporate capacity has not been alleged. There is a defect in the parties in that the Defendant's correct corporate capacity has not been alleged. Defendant is not doing business under the assumed name as alleged in the pleadings. Wherefore, Defendant prays that all relief prayed for by the Plaintiff be denied and that the Defendant recover its costs herein, and for such other relief to which it may be entitled. This CA is doing business under a variety of names at the same location. They do not have any assumed names filed with the Texas SOS. I sent CRRR letters to the name on my credit report and the name of the company that is registered at their address and answers the phone. They responded to my CRRR's under another name that is also not registered with the SOS as an assumed name. I filed against Credit Bureau Collection AKA Centroplex Credit Reporting Help... Did I make a mistake in how I filed the name?I have collection notices from Credit Burea Collections. I have credit reports with their name. I have reponses from letters I sent to their assumed name. Will the Judge dismiss the case before the trial because of their filing? Anybody know what I expect next.
