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Everything posted by SAHMdawn

  1. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  2. 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? $880.09 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? Yes 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? TX Kaufman County 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: 4 years 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. 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? 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
  3. Thank you both for your input. I have read several posts with @texasrocker and I have the general denial answer ready to be mailed but I'm a little confused on the answer from @Clydesmom to The easiest way for you is that you notify the attorney named in that suit that you are electing JAMS arbitration per the terms of the contract agreement (I noticed they referenced Synchrony) and then in your answer you deny owing PRA anything, that you have never had an account with them or made payments to them, and that if the alleged account is governed by a Synchrony card agreement you are electing JAMS arbitration therefore the court does not have jurisdiction. So do I file the answer of denial with the court and the attorney then send another letter letting them know I am electing the JAMS arbitration? Do I send that to the court as well?
  4. It looks to me that this collection company was definitely against Texas between March and May of this year. I've read several post on this matter and see exactly what I need to file for an answer, but was just curious on the certified info at the bottom. Does this mean you need it notarized? Also, the court that has my case is 30-40 minutes away from where I live so I was going to just send it certified mail. At what point do I request the approval from the court to submit discovery.
  5. Good morning, I've attached the petition that I received taped to my door about being sued by this collection company. I have to answer within 14 days and I have no idea how to answer in a professional way but also a way that I don't mess up and make me lose the case as well. The court suggested I contact the lawyer on the last page and work out an agreement to drop the case and I settle the debt. After reading numerous sites about this company, I'm not seeing anyone suggesting that since this company is bad about never stopping to collect until they get the whole amount they are asking for. Then continues to sue until it's fully paid for. Is it better to contact them and pay the debt or fight it out in court? I really don't have the money to hire a lawyer. The amount they claim I owe is $880. Anyone have any advice on this and has anyone ever won against this company or settle the debt with a success? portfolio recovery lawsuit.pdf
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