NAVIGATION AND EDITORIAL

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Monday, July 15, 2013

Substituted Service as alternative to personal service of process

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If service of process in the regular manner, i.e. in person by a process server or a peace officer such as a deputy constable, is unsucces...
Sunday, July 14, 2013

Debt Collection Suit: Filing and Service of Citation

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Debt Collection by Litigation: Initiation of Suit and Service of Citation   INITIATION OF LAWSUIT   A lawsuit or civil action is initia...

Express Contract precludes relief under equitable theory of recovery

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Express contract preclusion of Quantum Meruit, implied contract, and other equitable theories of recovery   Numerous appellate opinions ca...
Friday, July 12, 2013

Causes of Actions pleaded by banks and assignees in debt collection suits

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CREDITOR CAUSES OF ACTION IN DEBT COLLECTION SUITS   The terms debt and debt suit – or debt collection suit -- may be a good-enoug...

Account Stated Theory as an alternative to Breach of Contract as a cause of action in debt collection

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The theory of "Account Stated" as an alternative to "Breach of Contract" as a cause of action in credit card debt su...

What is a cause of action for lawsuit purposes?

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What is a cause of action, legally speaking? Definition for laymen and laywomen : Causes of action are magic words in litigation:...
Tuesday, July 9, 2013

Credit card debt claim not actionable as a Sworn Account suit in Texas

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CREDIT CARD DEBT SUIT CANNOT BE BROUGHT AS A SWORN ACCOUNT  ... or at least it would not be proper under controlling appellate case law...