Listing causes of action

neil5623 · 12-22-2006, 04:42 PM

I have been modeling mt complaint against LVNV after one that they used against me last year. I see that it was drafted without listing Cause of Action 1, 2, etc. Same with their MSJ. Now I know that I will have to list causes of action against them. Do they go in the complaint, or in the MSJ? I have details of what happened and also exhibits/copies of the CRs in the original complaint. Just not sure which doc the individual causes of action go in. The Citi complaint against me has them in the complaint.

centex · 12-22-2006, 04:54 PM

Look to the RCP for the jurisdiction in question and then the Local Rules. Formatting is very much based upon locale...

apexcrsrvc · 12-22-2006, 06:15 PM

The causes should be set out as Count I, Count II, III and so on and so forth. Again, check your rules though (go down and pull a Complaint).

neil5623 · 12-23-2006, 01:06 AM

Quote:

Originally Posted by apexcrsrvc

The causes should be set out as Count I, Count II, III and so on and so forth.

Right, I understand that, but my question is - does it go in the original complaint or in the MSJ? One complaint that had been filed against me did not do that in either the complaint or in the MSJ. The recent one has them in the original complaint, we are not to the MSJ stage yet.

direred · 12-23-2006, 06:14 AM

centex is right about local rules being the guiding force, but in general I'd think they'd go in the complaint lest some judge dismiss for failure to state a claim or some such.

It's worth finding a couple of credit-related things filed in your jurisdiction online and pulling the complaints down and having a look.

centex · 12-23-2006, 10:42 AM

Remember that the general rule in Texas courts is that the Petition provide "fair notice" to the defendant. If you take take Rule 47 at face value, you can go with a barebones filing and supplement it later if necessary. This is why you see a lot of Rule 92 answers demanding strict proof of claim...

neil5623 · 12-24-2006, 11:59 AM

OK, looks like the jury is in, so to speak/type.

I add the plethora of counts to the original complaint. I add Sherman and Resurgent to the list of defendants. I send the complaint CMRRR to:

(provided by Stargazr on another thread)
LVNV - Delaware corp not registered to conduct business in TX, with a RA located at CT Corp, 1209 Orange Street, Wilmington, DE 19081

Resurgent - Delaware corp registered to conduct business in TX, with a RA located at CT Corp, 350 N. St. Paul, Dallas, TX 75201

Sherman - Delaware lp registered to conduct business in TX, with a RA located at CT Corp, 350 N. St. Paul, Dallas, TX 75201

Also to their office in SC and any RA's in Houston. I saw somewhere that Sherman was actually HQ'd there.

jlynn · 12-24-2006, 12:51 PM

Do any of these companies have bonds in Texas?

neil5623 · 12-24-2006, 04:31 PM

Resurgent is. They are the division of LVNV that acts as the collection agency.

Principal Name: Resurgent Capital Services LP (fka Alegis Group LP) # 1

Address: 15 South Main Street
Greenville, SC 29601
File Number: 20040207
Status: Active
Date Filed: 11/12/04
Cancellation Date:
Phone:
Bonding Company: RLI Insurance Company
Bond No: CMS223883