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Everything posted by MrEous

  1. The mediation was definitely a total waste of time but was mandatory, as the judge thought it could be settled before trial...I had to pay $500 for it - PRA also paid $500
  2. Thank you. The mediation basically went like this...I arrived and spoke with the mediator separately in another room, they explained their purpose (neutral party) and the process of mediation. Thought it was strange but the mediator said PRA has a good case and the lawyer is fair but was probably going to lean towards PRA in judgement...I really felt like I was somewhat 'bullied' by them, suggesting if I lose I'd pay the plaintiff fees along with the full amt of the debt (which is true but the tone throughout made me feel like a child). While in the room with the Plaintiff's lawery, I never admitted to ever having the account and asked for ppwk showing charges where the amount would have amassed from...also asked for charges that specifically showed I could have made them as well as any documentation showing I opened the account. Near the end of the mediation the PRA lawyer basically said what he has is all he was given and that he would get back with PRA in Virginia to see if there was any other ppwk he could supply. We left it at that, we never talked about an offer for payoff - which I wouldn't have taken anyway. PRA only had ending statements that showed a full balance on an account with my name on it. Prior to mediation I sent a certified letter to PRA & Court asking for the forward flow agreement...after mediation (30-40d after forward flow request) I followed up with a certified letter to Court & PRA for a Motion to overrule objections and compel discovery responses; as suggested by @texasrocker
  3. Interesting...just received this in the mail. I verified on the District Court website and it shows the case is closed and suit was dismissed by the Plaintiff. Does this mean I'm free and clear from the debt buyer PRA??
  4. The company is Mediators360 and the person that works there was the one that was court appointed by the district judge. I asked about the rate and they said it is already discounted from their normal rates, etc... As far as not having the $500 - not sure...trying to find that before mediation.
  5. The court assigned this mediation company and that is the fee they charge...the mediation is scheduled for four hours at a total cost of $1000, split equally between plaintiff & defendant.
  6. Thank you I'll get that together. Any advice on the mediation we're having in 10 days?
  7. Hello @texasrocker...I received the letter linked below. I guess this is their answer to the forward flow agreement? If it doesn't answer, and since it has been 30 days, should I file a motion to compel its production? Also - I have a mediation scheduled with them on 4/6 ($500 cost to me). Is there anything I should prep myself with prior to that? Court ordered to have before June trial. Can never thank you enough...
  8. Hi there @texasrocker...I finally received some documents back in response to my queries. If you don't mind taking a look, really appreciated. Affidavit of Claim and Certification of Amt Due - Exhibit B - Bill of Sale and Assignment of Assets - Plaintiff Responses to Discovery Requests - Plaintiff Responses to Request for Production - Response to Interrogatories - Response to Request for Admissions -
  9. Thank you that is what I thought as well on SOL. 30d to answer Discovery also makes sense...again thank you. I'll look through the TRCP as well.
  10. Hi there @texasrocker...I received the linked Mediator cover sheet and Scheduling Order (Expedited Action). An initial trial setting in June next year. No answers to the previous documents sent, yet. Assuming perhaps I will receive something with the trial setting happening 6mos from now. Seen this before? Also, does statute of limitations come into play if this is delayed beyond Oct '16? (4yr date) Link -
  11. Not sure what to do (other than respond) in this matter. Family of 5 now with mother-in-law staying with us, only my paycheck to support. Enough of the sob story, unimportant at this point...hope someone is able to help me out. I've read up a bit based on what was posted...I believe @texasrocker & @TomnTex are who I'm needing - really would appreciate your help. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES LLC / ASSIGNEE OF US BANK NATIONAL ASSOCIATION / US BANK NATIONAL ASSOCIATION 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) JENNIFER SANDERS (Portfolio Recovery Associates) 3. How much are you being sued for? $19,162.34 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL ASSOCIATION 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) IN PERSON AT HOME - SIGNED FOR PAPERS 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? PREVIOUS NOTICES RECEIVED - FEW CALLS BUT NOT ANSWERED 9. What state and county do you live in? TEXAS, DALLAS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/2012 11. What is the SOL on the debt? To find out: 4 YRS 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). CITATION ISSUED...RETURN OF SERVICE (for delivery signature from courier?) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 DAYS FROM 11/7 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Original Petition & First Discovery / Request for Disclosure / Request for Production / Request for Admissions / Interrogatories / Verification / Affidavit / Exhibit B - Bill of Sale / Military Svc Report / Jan 2013 Statement (attached) Thank you... Jan 2013 Statement.pdf Suit - Exhibit B.pdf Suit - Affidavit.pdf Suit - Verification.pdf Suit - Interrogatories.pdf Suit - Admissions.pdf Suit -- Production.pdf Suit - Disclosure.pdf Suit - Petition and Discovery.pdf