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FILED
DALLAS COUNTY
7/1/2019 11:00 AM
FELICIA PITRE
DISTRICT CLERK
Jeffery White
No. DC-19-06955
INVESTMENT RETRIEVERS INC. * In the District Court
*
v. *
* 298th Judicial District
GABRIELA ESPINOZA a/k/a *
GABRIELA MARTINEZ and JORGE *
L. ESPINOZA TORRES a/k/a JORGE *
ESPINOZA TORRES a/k/a JORGE E. *
TORRES a/k/a JORGE ESPINOZA *
a/k/a JORGE TORRES * Dallas County, Texas
DEFENDANTS’ VERIFIED ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendants Gabriela Espinoza and Jorge Espinoza in the above-
entitled and numbered cause and makes and files this Verified Original Answer to Plaintiff’s
Original Petition and in support thereof would respectfully show unto the Court as follows:
I. GENERAL DENIAL
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendants generally
deny each and every, all and singular, the allegations contained in Plaintiff's Original Petition
and demands strict proof thereof. As authorized by the Texas Rules of Civil Procedure,
Defendants reserves the right to amend this pleading before or during the trial of this cause on its
merits.
II. SPECIFIC DENIALS
Defendants specifically deny that all of the conditions precedent have been
performed or have occurred. Defendants deny specific notice and proof of loss and/or of
acceleration of note. Defendants specifically deny that Plaintiff is entitled to recover in the
capacity in which Plaintiff sues, and Defendants deny that he/she is liable in the capacity in
which Defendants is sued. Defendants does not have the legal capacity to be sued. Defendants
Defendants’ Verified Original Answer - Page 1
specifically deny that Plaintiff is the assignee of the sued upon note. Defendants specifically
deny the collateral, if any, was sold in a commercially reasonable manner. Defendants
specifically deny that all proper credits have been given to Defendants. Defendants specifically
claims that the purported claimed balance is conclusory. Defendants deny that the demands
were delivered to Defendants and specifically deny that the vehicle involved in this lawsuit was
sold in a commercially reasonable manner.
III. AFFIRMATIVE DEFENSES
By way of further affirmative answer, Defendants are not liable to Plaintiff
because of statute of limitations, credit, offsets and payments, estoppel, fraud, laches, payment,
statute of frauds, waiver, and usury, ambiguity.
IV. REQUEST FOR DISCLOSURE
Under Texas Rules of Civil Procedure 194, Defendants request that Plaintiff
disclose, within thirty (30) days of the service of this request, the information or materials
described in Rule 194.2.
_________________________________
Robert M. Clark
V. REQUEST FOR ADMISSIONS
Pursuant to the Texas Rules of Civil Procedure, Defendants request the Plaintiff
admit or deny the following within thirty (30) days of the service of this request. Each of the
matters of which an admission is below requested shall be deemed admitted unless within a
period of thirty (30) days after the delivery of this request, or within such further time as the
Court may allow upon motion and notice, the party to whom this request is directed delivers
or causes to be delivered to the undersigned attorney of record, a written statement either
Defendants’ Verified Original Answer - Page 2
denying specifically the matters of which an admission is requested, or setting forth in detail the
reasons why the Plaintiff cannot truthfully admit or deny those matters.
1. Admit that Plaintiff does not possess the original signed February 7, 2015 Note between
Plaintiff and Defendants.
2. Admit that Plaintiff does not possess the original February 7, 2015 guaranty agreement
signed by either Gabriela Espinoza or Jorge Espinoza.
3. Admit that Plaintiff does not possess any agreement of any kind with an original
signature of Defendants.
4. Admit that Plaintiff has no proof of the delivery to Defendants of an agreement between
Plaintiff and Defendants.
5. Admit that Plaintiff does not possess a credit application signed by Defendants.
6. Admit that no payments were made on the loan that is the subject of this suit after April
15, 2015.
7. Admit that Plaintiff did not attach to its Original Petition in this cause a copy of any
agreement signed by Defendants.
8. Admit that Plaintiff purchased the alleged debt that is the subject of this suit.
9. Admit that Defendants owes Plaintiff nothing.
10. Admit that you did not provide any goods or services to the Defendants.
11. Admit that the interest you are seeking in this lawsuit is not authorized by an express
contract.
12. Admit that the full amount of the damages you seek in this lawsuit is not authorized by an
express contract.
13. Admit that you do not have standing to sue on the account.
14. Admit that the claims asserted in the lawsuit are barred by the statute of limitations.
15. Admit that the Defendants last went into default on the account more than four years
prior to the date you filed this lawsuit.
_________________________________
Robert M. Clark
Defendants’ Verified Original Answer - Page 3
VI. ATTORNEY'S FEES
Defendants was required to obtain legal counsel in regards to this lawsuit and
would seek reimbursement for reasonable attorney's fees and costs of court. The Defendants is
entitled to recover all reasonable attorneys fees incurred in the presentation and prosecution of
this action as are equitable and just and authorized and provided by §37.009 et seq. the Texas
Civil Practice & Remedies Code, as well as other applicable law.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants prays that all
relief sought in Plaintiff's Original Petition be denied, and that Plaintiff goes hence with its
costs without day; that Defendants receive any other and further relief, both general and special,
at law and in equity, to which he/she may show himself/herself justly entitled.
Respectfully submitted,
EDDLEMAN & CLARK
4627 North Central Expressway
Knox Central Place, Suite 2000
Dallas, Texas 75205-4022
Phone 214.528.2400
Fax 214.528.2434
RMC@RobertMClark.net
______________________________
ROBERT M. CLARK
State Bar No. 04298200
Attorney for Gabriela Espinoza and
Jorge Espinoza
Defendants’ Verified Original Answer - Page 4
Certificate of Service
I certify that a true copy of the above was served on counsel for Plaintiff, Carl Tucker, 2028 E.
Ben White Blvd., #240-1650, Austin, TX 78741, Fax 214.594.7862, ctuckerlaw@gmail.com in
accordance with Rule 21a of the Texas Rules of Civil Procedure on the 1st day of July, 2019.
___________________________________
Robert M. Clark
Defendants’ Verified Original Answer - Page 5
STATE OF TEXAS *
* VERIFICATION AFFIDAVIT
COUNTY OF DALLAS *
BEFORE ME, the undersigned authority, on this day personally appeared
Gabriela Espinoza, who, after being duly sworn, stated under oath that she is a Defendant in this
action; that she has read the above Defendants’ Verified Answer; and that every statement
contained in Defendants’ verified plea is within her personal knowledge and is true and correct,
and denies the installment sales agreement which is the foundation of Plaintiff’s action.
_________________________________
Gabriela Espinoza, Affiant
SUBSCRIBED and SWORN to before me, the undersigned authority, on this the
29th day of June, 2019, to certify which witness my hand and seal of office.
__________________________________
NOTARY PUBLIC in and for
the State of Texas
Verification – One Page
STATE OF TEXAS *
* VERIFICATION AFFIDAVIT
COUNTY OF DALLAS *
BEFORE ME, the undersigned authority, on this day personally appeared
Jorge Espinoza, who, after being duly sworn, stated under oath that he is a Defendant in this
action; that he has read the above Defendants’ Verified Answer; and that every statement
contained in Defendants’ verified plea is within his personal knowledge and is true and correct,
and denies the installment sales agreement which is the foundation of Plaintiff’s action.
_________________________________
Jorge Espinoza, Affiant
SUBSCRIBED and SWORN to before me, the undersigned authority, on this the
29th day of June, 2019, to certify which witness my hand and seal of office.
__________________________________
NOTARY PUBLIC in and for
the State of Texas
Verification – One Page
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FILED DALLAS COUNTY 7/1/2019 11:00 AM FELICIA PITRE DISTRICT CLERK Jeffery White No. DC-19-06955 INVESTMENT RETRIEVERS INC. * In the District Court * v. * * 298th Judicial District GABRIELA ESPINOZA a/k/a * GABRIELA MARTINEZ and JORGE * L. ESPINOZA TORRES a/k/a JORGE * ESPINOZA TORRES a/k/a JORGE E. * TORRES a/k/a JORGE ESPINOZA * a/k/a JORGE TORRES * Dallas County, Texas DEFENDANTS’ VERIFIED ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants Gabriela Espinoza and Jorge Espinoza in the above- entitled and numbered cause and makes and files this Verified Original Answer to Plaintiff’s Original Petition and in support thereof would respectfully show unto the Court as follows: I. GENERAL DENIAL Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendants generally deny each and every, all and singular, the allegations contained in Plaintiff's Original Petition and demands strict proof thereof. As authorized by the Texas Rules of Civil Procedure, Defendants reserves the right to amend this pleading before or during the trial of this cause on its merits. II. SPECIFIC DENIALS Defendants specifically deny that all of the conditions precedent have been performed or have occurred. Defendants deny specific notice and proof of loss and/or of acceleration of note. Defendants specifically deny that Plaintiff is entitled to recover in the capacity in which Plaintiff sues, and Defendants deny that he/she is liable in the capacity in which Defendants is sued. Defendants does not have the legal capacity to be sued. Defendants Defendants’ Verified Original Answer - Page 1 specifically deny that Plaintiff is the assignee of the sued upon note. Defendants specifically deny the collateral, if any, was sold in a commercially reasonable manner. Defendants specifically deny that all proper credits have been given to Defendants. Defendants specifically claims that the purported claimed balance is conclusory. Defendants deny that the demands were delivered to Defendants and specifically deny that the vehicle involved in this lawsuit was sold in a commercially reasonable manner. III. AFFIRMATIVE DEFENSES By way of further affirmative answer, Defendants are not liable to Plaintiff because of statute of limitations, credit, offsets and payments, estoppel, fraud, laches, payment, statute of frauds, waiver, and usury, ambiguity. IV. REQUEST FOR DISCLOSURE Under Texas Rules of Civil Procedure 194, Defendants request that Plaintiff disclose, within thirty (30) days of the service of this request, the information or materials described in Rule 194.2. _________________________________ Robert M. Clark V. REQUEST FOR ADMISSIONS Pursuant to the Texas Rules of Civil Procedure, Defendants request the Plaintiff admit or deny the following within thirty (30) days of the service of this request. Each of the matters of which an admission is below requested shall be deemed admitted unless within a period of thirty (30) days after the delivery of this request, or within such further time as the Court may allow upon motion and notice, the party to whom this request is directed delivers or causes to be delivered to the undersigned attorney of record, a written statement either Defendants’ Verified Original Answer - Page 2 denying specifically the matters of which an admission is requested, or setting forth in detail the reasons why the Plaintiff cannot truthfully admit or deny those matters. 1. Admit that Plaintiff does not possess the original signed February 7, 2015 Note between Plaintiff and Defendants. 2. Admit that Plaintiff does not possess the original February 7, 2015 guaranty agreement signed by either Gabriela Espinoza or Jorge Espinoza. 3. Admit that Plaintiff does not possess any agreement of any kind with an original signature of Defendants. 4. Admit that Plaintiff has no proof of the delivery to Defendants of an agreement between Plaintiff and Defendants. 5. Admit that Plaintiff does not possess a credit application signed by Defendants. 6. Admit that no payments were made on the loan that is the subject of this suit after April 15, 2015. 7. Admit that Plaintiff did not attach to its Original Petition in this cause a copy of any agreement signed by Defendants. 8. Admit that Plaintiff purchased the alleged debt that is the subject of this suit. 9. Admit that Defendants owes Plaintiff nothing. 10. Admit that you did not provide any goods or services to the Defendants. 11. Admit that the interest you are seeking in this lawsuit is not authorized by an express contract. 12. Admit that the full amount of the damages you seek in this lawsuit is not authorized by an express contract. 13. Admit that you do not have standing to sue on the account. 14. Admit that the claims asserted in the lawsuit are barred by the statute of limitations. 15. Admit that the Defendants last went into default on the account more than four years prior to the date you filed this lawsuit. _________________________________ Robert M. Clark Defendants’ Verified Original Answer - Page 3 VI. ATTORNEY'S FEES Defendants was required to obtain legal counsel in regards to this lawsuit and would seek reimbursement for reasonable attorney's fees and costs of court. The Defendants is entitled to recover all reasonable attorneys fees incurred in the presentation and prosecution of this action as are equitable and just and authorized and provided by §37.009 et seq. the Texas Civil Practice & Remedies Code, as well as other applicable law. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants prays that all relief sought in Plaintiff's Original Petition be denied, and that Plaintiff goes hence with its costs without day; that Defendants receive any other and further relief, both general and special, at law and in equity, to which he/she may show himself/herself justly entitled. Respectfully submitted, EDDLEMAN & CLARK 4627 North Central Expressway Knox Central Place, Suite 2000 Dallas, Texas 75205-4022 Phone 214.528.2400 Fax 214.528.2434 RMC@RobertMClark.net ______________________________ ROBERT M. CLARK State Bar No. 04298200 Attorney for Gabriela Espinoza and Jorge Espinoza Defendants’ Verified Original Answer - Page 4 Certificate of Service I certify that a true copy of the above was served on counsel for Plaintiff, Carl Tucker, 2028 E. Ben White Blvd., #240-1650, Austin, TX 78741, Fax 214.594.7862, ctuckerlaw@gmail.com in accordance with Rule 21a of the Texas Rules of Civil Procedure on the 1st day of July, 2019. ___________________________________ Robert M. Clark Defendants’ Verified Original Answer - Page 5 STATE OF TEXAS * * VERIFICATION AFFIDAVIT COUNTY OF DALLAS * BEFORE ME, the undersigned authority, on this day personally appeared Gabriela Espinoza, who, after being duly sworn, stated under oath that she is a Defendant in this action; that she has read the above Defendants’ Verified Answer; and that every statement contained in Defendants’ verified plea is within her personal knowledge and is true and correct, and denies the installment sales agreement which is the foundation of Plaintiff’s action. _________________________________ Gabriela Espinoza, Affiant SUBSCRIBED and SWORN to before me, the undersigned authority, on this the 29th day of June, 2019, to certify which witness my hand and seal of office. __________________________________ NOTARY PUBLIC in and for the State of Texas Verification – One Page STATE OF TEXAS * * VERIFICATION AFFIDAVIT COUNTY OF DALLAS * BEFORE ME, the undersigned authority, on this day personally appeared Jorge Espinoza, who, after being duly sworn, stated under oath that he is a Defendant in this action; that he has read the above Defendants’ Verified Answer; and that every statement contained in Defendants’ verified plea is within his personal knowledge and is true and correct, and denies the installment sales agreement which is the foundation of Plaintiff’s action. _________________________________ Jorge Espinoza, Affiant SUBSCRIBED and SWORN to before me, the undersigned authority, on this the 29th day of June, 2019, to certify which witness my hand and seal of office. __________________________________ NOTARY PUBLIC in and for the State of Texas Verification – One Page