You're being sued by the original creditor. They'll have what they need to win the lawsuit. Best thing to do is negotiate a settlement with them now before attorney's fees get any higher and you end up with a judgment.
The good news is that being in Texas, they can't garnish your wages, so you've got that going for you.
I have spent the last several days doing research over Texas law, how to answer, and how to write a response for discovery requests. I have found conflicting information on different websites.
I copied these questions from a previous post on here… See below.
1. Who is the named plaintiff in the suit? TD Bank, USA
2. What is the name of the law firm handling the suit?
Rausch Sturm; Attorney is Jesse Lockhart
3. How much are you being sued for?
4. Who is the original creditor? If not the plaintiff?
TD Bank, USA
5. How do you know you are being sued?
I was served on 5/22/19
6. How were you served?
At home around 4:30 p.m.
7. Was the service legal as required by your state?
I think so, she asked if I was the person listed on document. And then asked me to read the first line at the top, before she walked away.
8. What was your correspondence with the people suing you before you think you were sued?
At first, I had no idea who the OC was...After checking my credit report, I realized that it was Target. The last correspondence with them was back in November 2018 when I set up a special payment plan. I was unaware that there were any issues.
9. What state and county do you live in?
Texas, Wichita County
10. When is the last time you paid your account?
According to the documents provided, my last payment was made in February 2019--however, my credit report shows that a payment was not made since September 2018.
11. When did you open the account?
12. What is the SOL on the debt?
13. What is the status of the case?
14. Have you disputed the debt with the credit bureaus?
No, I was unaware that there was an issue with non-payment to Target until the lawsuit.
15. Did you request debt validation before the suit was filed?
16. How long do you have to respond to the suit?
The Monday that follows 20 days from the citation’s date of service
17. What evidence did they send with the summons?
The only information that they gave me was TD Bank, amount owed, when account was opened, and the alleged date of last payment.
After the initial shock from being served and the terrifying feeling of getting a lawsuit, I did some research of my own to see what happened with the payment plan that was approved in November 2018. To my knowledge, there were no problems with the account. I didn’t receive notice from my bank that there were any returned payments. I was able to pull up the email that confirmed the payment plan, and noticed it had an old account number listed as payment source for monthly drafts--that account had been closed for a few years. I would not have chose that payment method. So, basically they were attempting to pull funds from a closed account. I was never notified about any issues, or else I would have resolved it. An easy fix. But now, it has been blown up into something extreme.
Please help! I am super stressed out about this :(( And thank you in advance for any advice or assistance. Also, I am able to attach all of the documents if that would help.