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Posts posted by Jacquephx

  1. To address some questions posed thus far:

    the amount PRA is seeking to recover is $4900 - so quite a bit more than $1500. 

    PRA had nine cases on the docket that day - most all of them rubber stamped for a default judgment because the defendant didn't show. So clearly PRA is just farming them through to get the default judgments. 

    The court always had the copy of the request for discovery - they just misplaced it until my husband pointed out that he had filed it.  We also still have the original copy that the court stamped as received last August.  When the case came up the gal my husband had talked to told the judge "this is the case I told you about" but when PRA attorney handed over their "discovery" it was just statements along with one of those general blanket bill of sale statements and an affidavit.   The discovery we had prepared was quite a bit more detailed than what they handed over but the judge just pushed it through. Very frustrating to have this request summarily dismissed because it seemed he couldn't be bothered with it. He also made reference to "various online forums" where you can try to defend yourself but basically alluded to the fact that they just have to verify my husband's identity and we would have to settle or lose- either way we will pay. 

    Thanks again to all. 

  2. Hello all:

    Looking for some advice on how to proceed next.  Last August we were served with a lawsuit from Portfolio Recovery Associates on an old debt that was 1 month away from expiring SOL - so they got it in just in time.  We answered the suit and also made the request to the court to conduct discovery.  We never heard back from the court - on anything.  I would periodically check the Collin County website and nothing was happening.  All of a sudden we got a notice in the mail that we had a trial date set.  Went to the courthouse to find out what happened with the discovery request.  Long story short - it got lost in some shuffle somehow, somewhere and the judge never saw it.  The people at the court assured my husband that at the date that was set for trial that it would turn into a motion hearing so that we could conduct discovery.  Husband goes for the motion hearing - PRA attorney hands over a few statements and the judge says "there is your discovery".   Judge says "we can go through this whole thing but you will end up paying this and the attorney fees."  He was agitated that the mistake happened but didn't seem to care about it.  He also noted that PRA is very aggressive.  Nothing is updated yet on the website as far as what will happen yet - but the judge told my husband to negotiate with PRA - said we could fight it but that they will win.  I am so lost - we did what we thought we were supposed to do and because someone dropped the ball at the court, we are in a bad position.  It sounds like this judge sides with creditors instead of debtors.  What should we do at this point?  If we settle with them, what is a reasonable settlement?  Husband heard the attorney talking about needing special authorization for 50% on original debt.  Is there any further recourse we can have with the court?  Any/all advice would be greatly appreciated!

    Thanks much.

  3. We were served with a suit today by Portfolio Recovery Associates.  Looking for help on a response.  The particulars are stated below as I have seen others respond in this manner.  We will have two weeks from Monday to respond and we are hoping to eradicate these buggers quickly.  Our situation is different from most I have seen in that we had lots of contact with PRA and also RSEIH (the law firm) prior to the suit.  Any and all help is greatly appreciated.  

    Who is the named plaintiff in the suit?

    Portfolio Recovery Assoc, LLC

    2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

    Michael J. Garza

    Rausch, Sturm Israel Enerson & Hornick LLC

    3. How much are you being sued for?


    4. Who is the original creditor? (if not the Plaintiff) 

    Citibank, N.A. (Sears)

    5. How do you know you are being sued? (You were served, right?) 

    Served 8/27/16

    6. How were you served? (Mail, In person, Notice on door) 

    In person

    7. Was the service legal as required by your state? 

    I think so.

    Process Service Requirements by State - Summons Complaint

    8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

    Sent a letter to RSEIH (representing PRA) in October of 2014 requesting validation  - also included the line in there about the arbitration clause.  They did not respond.  Then in April of this year they sent us a letter saying we could request copies of documentation relating to our account from PRA.  We sent a letter to PRA in June (CMRRR- stamped 6/7/2016) requesting the info.  RSEIH responded 8/8/16 with a stack of statements from the Sears card, which they said "establish its validity".  RSEIH filed the suit 8/16/2016.

    9. What state and county do you live in? 

    Texas, Collin County

    10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

    September 14, 2012

    11. What is the SOL on the debt? 

    4 years

    12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

    Suit Served

    13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

    Yes, with all of them

    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. 

    Yes - they sent a stack of statements from the Sears card but that was all they sent

    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? 

    14 days

    16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.


  4. Hello All:

    Wondering if anyone can help - we are in Collin County, TX and are being sued by Portfolio Recovery - they have been trying to collect on a Sears account that was issued by Citicards.  We found out about the lawsuit because we received quite a lot of solicitations in the mail from attorneys once PRA filed the suit.  The suit is filed in a JP court.  Today we got a notice on our door that someone tried to serve us with the suit.  My question is - do we just call the number and accept the service or do we try to dodge it?  I have spent a lot of time searching through the civil public records and a great many of these PRA lawsuits are thrown out due to Non-suit.  We have requested validation on this particular debt several times and our requests (all sent CMRRR) all went unanswered to our knowledge.  Do we just bite the bullet and accept the documents so that we can start the process of getting it over with?  Is there any benefit to dodging the service?

    This is the only time we have been sued...by anyone.  Just looking for help in this process - this will just be the beginning surely.

    Thanks to anyone who can offer advice.