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Everything posted by CSexton311

  1. When I received a letter in the mail to appear in court, it did not specify what it was. It simply said to be at the justice court on this particular day and time. Two days later I went to their office and asked if this was a Pre trial and the clerk said yes. Fast forward to a day before the "Pre trial" and I stop in to ask a question about what to expect as far as, would there be a big group of defendants getting called one by one and the judge happened to be sitting there and invited me back to chat. He said the hearing would be whatever he wanted it to be. He said he makes the rules in justice court and it could be just a pre trial or he could decide to litigate it right then and there. The day of, PRA's representative told the judge he thought this was just a hearing on my plea to the jurisdiction. He didn't even know this was actually going to be the trial either. I felt side blinded. I tried my best but the judge seemed biased from the get go
  2. The judge made it clear that he was ruling in favor for the plaintiff so that's why I opted to settle with the lawyer instead of a judgement. I never had a shot from the get go with this judge. He said I should have hired a lawyer but isn't that what justice court is for? For people to be able to represent themselves because they can't afford an attorney?! Argh. Looking back, if I knew the judge would be against me, I would have filed arbitration. I regret that now.
  3. Update to my case. I was completely railroaded by the justice judge. I feel like he was against me before the trial even began. He had denied my request for discovery early on and in the hearing today he denied my pleas to the jurisdiction and to the special exceptions. He had already sided with the lawyer for portfolio from the beginning. He basically said, I have what I need but it's your turn so you're free to talk. Everything I said, the judge said you want to talk all this legalese but you should have hired a lawyer. I said that's the point of justice court, to represent yourself when you can't afford a lawyer. He said I should have known better having no experience going up against a lawyer with years of schooling. He didn't care about any of my objections to the affidavit or bill is sale. He said before he ruled, he would give us 5 minutes to come to an agreement or he would render one for us. So I felt like I didn't have much choice but to make payment arrangements with the lawyer. I can't afford the time, money and stress to file an appeal if he had rendered judgement. I'm super pissed. But the lawyer said to settle only on the alleged debt. So I don't have to pay lawyers or filing fees at least. I'm very upset and felt as though I never even stood a chance with this judge.
  4. @fisthardcheeseI have a pretrial date next Tuesday. Can I still file arbitration after that date if it doesn't go as planned?
  5. @texasrocker @debtzapper So, I received a letter in the mail today stating my request for discovery was denied. I don't know why it wasn't approved but now I'm pretty depressed about it. I was counting on being able to use that to help my case. As it stands, I have a court date set for March 7th. I asked the clerk and she said it's just a pretrial. What can I expect from this? The plaintiff submitted an affidavit, generic bill of sale and a statement of my credit card bill. Is this a time that I can say that this evidence is hearsay? I don't know if this means the judge feels they submitted enough evidence and that's why my discovery was denied. I'm pretty pissed because I live in a very small community and I thought the judge would be for the people and would help them out by allowing discovery. Now I don't know what to think. I don't know if the judge is already against me but it feels that way. I'm nervous about what to expect at the pretrial now. What can I do now moving forward since I cannot rely on discovery?
  6. Thank you, @debtzapperI have written my answer and plea today. Just need to print the copies out and take them to the JP office tomorrow. It's only been 8 days since I was served so I am under the time limit. When I stopped into the JP last week, the lady there had no idea how to get approval for discovery and suggested it be asked when I see the judge. So, I'm guessing they don't get asked this question a lot or she's not a clerk? Not sure. I will ask again tomorrow when I turn my papers in. Also, the lawyer handling my case is out of Houston, Texas (I googled her and that's how I found out) but the address on the petition is for PRA in VA. No other address given, so I presume I send it to PRA c/o the lawyer assigned since that's the only address given in the petition.
  7. @texasrocker I'm getting ready to type up my answer and I've been trying to find an answer to this question, but I haven't been able to find any clarification on this site.. for my case, it is under the statue of limitations so should I omit that part in the answer above? Also, it doesn't appear that the interest rates were usurious from what I could tell. Should I omit that also? Or is there a reason to keep both in? As far as I could tell, I can submit this answer and plea on the same paper, correct? No need to submit a separate answer and a separate plea to the jurisdiction?
  8. I wonder, is arbitration better, easier in some cases? I just want them to leave me alone which ever way is easier.
  9. Had the plaintiff already sent you an affidavit, bill of sale or anything? What was the reason for the denial of discovery? Are you appealing the decision? Did the plantiff bring evidence to the trial?
  10. In the petition it states, "Defendants credit account was assigned to plaintiff on January 19, 2016, and plaintiff is the current holder of defendants account and the proper party to bring this lawsuit". On the affidavit it shows Synchrony Bank as the account seller. So I just ignore all that and use what the petition says above? I appreciate your help. I'm trying to remain calm and hopeful. I don't want to get pushed around by these people. I absolutely am taking your help to heart. We are going to stop by our JP tomorrow to ask how they want discovery done in case I need to get questions ready now. Is it better to hold off on submitting your answer until right before it's due or does it really matter if I did it right away?
  11. First, thank you for your response to help me. I do not know much about law so this is all very overwhelming and confusing. Above, it says there's no allegation or statement as to who the seller is but in the affidavit they sent me, it shows Synchrony as the account seller. Now, the bill of sale they attached didn't state any of my private information and could belong to anyone. Does that mean the affidavit doesn't hold water? I just want clarification. I'm trying to research as much as I can about how to go about this. But their "evidence" does have me a little on edge. I don't dispute that I have an outstanding balance but from what I can see, that bill of sale means nothing.
  12. Thank you @debtzapper From reading several threads on here, I think litigation is the route we want to take. I just am unsure on whether we should poke the bear and ask for discovery. The man that served me was a retired sheriff and gave me the advice of calling these bozos first and lowballing a settlement of say $400 and that I could only make small payments of say $50 a month. He said they'll likely turn it down. Keep that for evidence, then submit my answer and go to court. He said where we live, lawyers rarely travel this far to deal with small claims cases. Their lawyer is out of Houston and we are over an hour away from them, depending where their office is it could be even more. He said with what lawyers get charged by the hour plus mileage they likely won't even show up and would be banking that I wouldn't either so they'd get the default judgement. I'm too nervous to gamble on that alone.
  13. 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.) "Portfolio Recovery Associates," 3. How much are you being sued for? $2,771.86 4. Who is the original creditor? Synchrony Bank/Wal-Mart 5. How do you know you are being sued? I was served papers last night, 1-20-17 6. How were you served? (Mail, in person, Notice on door) In person 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? Phone calls, voicemails and mail from Portfolio Recovery Associates, but did not actually speak with anyone. 9. What state and county do you live in? Texas, Colorado County 10. When is the last time you paid on this account? Not sure. Claimed to be August 29, 2015 in Complaint. Sounds accurate. 11. What is the SOL on the debt? 4 years in Texas 12. What is the status of your case? Suit served? Motions filed? Suit Served, have not filed an answer yet 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? No 15. How long do you have to respond to the suit? 14 days 16. What evidence did they send with the summons? An Affidavit from PRA, a Bill of Sale and a copy of I presume my last credit statement with Synchrony/Walmart. The Bill is sale is generic and has no link to my name or account. The credit statement does not show any red warnings of my account being closed soon for failure to pay. Just shows that I was behind in payments and what I owed for next payment.
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