I've read several different cases on this site regarding portfolio Recovery but I'm freaking out since I sent in my answer and also requested info on how I proceed for file for discovery but no answer instead I get a letter today from the judge with a court date and stating if no show a judgement would be placed. Do I just send a copy of the request for discovery since they never gave me an answer on the process of it? I will be ordering the book @texasrocker suggested this evening but I'm just really scared since I've never had to appear in court or in front of a judge ever in my life. I have read also that I could file for ARB so I'm so confused on what to do at this point until I get the book. Any suggestions would be greatly appreciated.
1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates,LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
SYNCHRONY BANK (PAYPAL)
5. How do you know you are being sued? (You were served, right?)
served with papers on door, then also looked up case on justice court website
6. How were you served? (Mail, In person, Notice on door)
received them taped to my front door in a ziploc bag.
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Unknown. They attempted calling in the past, but I did not know them.
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
According to the summons 10-05-2014
11. What is the SOL on the debt? To find out:
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).
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
I'm sure I have
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.
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?
I had 14 days, which I sent a general answer that I received on here. I also asked how to proceed with filke for discovery which they have never answered me. I plan on calling tomorrow. I received a paper today in the mail from the judge with a court date of 10-5-2016.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Only the original petition from the courts that I was being sued