Unifund Ccr Partners v. Weaver

Unifund CCR Partners sued Kenneth Weaver to recover an unpaid credit card debt. Unifund attached to its citation requests for disclosure and admissions. Shortly after he was served, Weaver, acting pro se, filed a letter answer with his responses to the requests attached. Weavers response to each request for admission was identical: "DEFENSE: TEXAS CIVIL PRACTICE & REMEDIES {SECTION 16.004{A}{3}," which is the four-year statute of limitations on debt collection actions. The face of the response shows a copy was sent to Unifunds attorney, and Weavers signature appears underneath the text, "CERTIFICATE OF SERVICE." But the record does not show that Weaver actually served Unifund with his responses. TEX. R. CIV. P. 198.2(a) (requiring that the responding party serve written response on the requesting party).