Just got the defendants response to my lawsuit in Texas Justice Court for a non-pp hard inquiry (as a result of a dispute into a couple of delinquencies on the tradeline). Here's what they sent-- 1) Request to change venue--of course I expected this. They are stating that the proper venue is in thier county. Hopefully the judge will be resonable with this. If he grants the venue change I'll dismiss the case and refile in Federal. 2) Motion to compel the plaintiff to amend petition--Whining that I wasn't specific enough in my complaint. Who cares. I filed just as I was recommended by the court clerk. If the judge wants the whole enchilada, I'll give it to them. 3) Request for Disclosure--Oh joy, they are seeking to pursue "extensive discovery" for a justice court case. They sent this asking for the names of the parties, legal theories and factual bases of claims, etc. This is the Defendant's effort to drop an avalanche of discovery requests on me to try to run me off. What's the stupid part of this? the interrogatories, disclosures, and admissions all pertain to my contesting the delinquencies and NOT the non-PP pull of my credit report. They are barking up the wrong tree. 4) First set of interrogatories--great fun in this. "give every date and amount of payments made to the defendant since 1995". Yeah, like I have records from 10 years ago on an account that was paid in full back in 2001. I think I'll just provide them with the billing summary they sent and stipulate that to the best of my knowledge it is accurate. I think this will be ok because it a) is not germaine to the non-pp cause of action and b) shows that a 60 day delinquency occured in 6/2000--the same month they show a credit of $700+ to the account (they had not changed my billing address after I relocated to Texas from Virginia--I had to call to set them straight and make any past due payments because THEY couldn't update my account! 5. Admissions--these are tricky SOBs--admit or deny catagorically. I need to try to get my lawyer friend to help me out and make sure I don't step in a cow patty in this group. Well...that was a lively mailing to try to digest. My discovery is due in 30 days...I have to file a response to the change of venue ASAP...I'm waiting on the amended complaint until the Judge rules on the motion. I think that once I get done with these things the Defendant will get a nice long...long...long...long list of discovery requests. Two can play that game. I know they are just trying to intimidate me with all of these motions and requests so that I will just go away. No such luck. They can kiss my ass. Any suggestions for questions I might ask on my discovery? Thanks!
