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Help in TX

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  1. I went to court last week, and it didn't go well at all. An attorney for PRA showed up; someone I had never spoken to before. They had documents and papers that I had never seen before as evidence. I told the judge that I had not seen any of those papers before; PRA had only sent me a copy of a bill from over 2 years ago. He decided to go in favor of PRA; I received a document from the courts already stating the judge decided that I owe them all of what they were suing me for, plus court fees. I attempted to reach out for assistance for Disabled Veterans. They told me that because I have a roommate, the total combined income within the household is greater then what they allow to receive help. So now I have a judgement against me. I have no money to seek legal assistance to appeal the judgement, and have no clue what to do next. I wish you better luck then me!
  2. Thank you for your response. Is there anything I should be doing in the mean time to prepare for "discovery"?
  3. I received a certified letter today from the Original Lender's attorney (a credit card from a small 1 branch credit union): PLAINTIFF'S MOTION FOR DISCOVERY "Plaintiff, XXXXX, respectfully requests this Court to grant its request to conduct discovery pursuant to TRCP 500.9. In support thereof, Defendants, in their Original Answer, affirmatively denies that they are liable for the amount which they are being sued. Therefore, Plaintiff's Discovery request to serve Defendants with a Request for Disclosure, Request for Admissions and Interrogatories, so that Plaintiff, in part, can discover why Defendants believe they are not liable for the amounts claimed due in Plaintiff's Original Petition. Plaintiff requests that Defendants respond to this discovery within 30 days of their receipt of both the Court Order granting Plaintiff's request and the discovery outlined herein. " The attorney has requested discovery, however there were no questions or interrogations within the letter. I'm thinking of filing a document with the court, and send a certified copy to the attorney stating that there was nothing attached to the letter to identify any statements for discovery. Any advice on how to respond to the letter? THANKS!!!
  4. I received a bill from Portfolio Recovery Associates in the amount of $300.00. I have read a lot of threads on here, but there are many different ways in which people are sending these junk debt collectors debt validation letters. Can someone please tell me, should I make it a simple letter- just ask for verification, or should I go in depth with all the Federal laws, 15 U.S Code 1692g, etc... I am also being sued by them for collection of another credit card bill. I am trying to address this 2nd bill before they follow with a law suit. I am also a disabled veteran, and my sole source of income is my VA disability payments. I have also stated that on the original answer for the 1st lawsuit, and am thinking of putting that on the debt verification letter for the 2nd credit card. Any info and help is greatly appreciated!
  5. Yes, I filed with the Justice of the Peace. The court date is scheduled for June 29th.
  6. Ok, so I am assuming that Portfolio Recovery did not receive my original answer since they requested a motion for default judgement; I am going to send them another copy, but this time make it certified. (I don't even know if it's required to be certified mail). Is there anything else that I should do? I have read on other posts "Motion to Strike" for affidavit... Is it too late for me to do that now that I've already filed the answer with the court? Any and all info is greatly appreciated!
  7. Thank you for your answers! I have filed the answer with the court and sent the attorney a copy via certified mail. I also put that I would be doing discovery as well. Have not heard back from anyone yet..
  8. I received a summons from a Credit Union I use to bank with, in Texas. The Petition states the Credit Union as the Plaintiff, as it has not been sold to a debt collector. I am being sued for an amount between $5,000 and $10,000 due to credit card debt. The petition states the Plaintiff intends to conduct discovery. The Petition provided a generalized credit card agreement between "defendants" and "plaintiff", however there are no account numbers, no signatures of omission from defendants. or any documents provided. Does this mean they may or may not have access to more definitive information, proving their case? I have already typed up the answer to the Plaintiff's original petition, addressing each paragraph. Any and all advice is greatly appreciated. I have a little over a week before I have to respond to the Plaintiff's petition.
  9. Hi All, I am still dealing with this legal issue. I answered to the initial claim case citation, however I received another letter from the collection company (Portfolio Recovery), stating that I did not answer and they filed a motion for default judgement; I went to the Justice of the Peace today, and they told me to disregard the notice, and that they have my answer on record. The court date is set for June 29th. I have attempted to reach out to the law school here in San Antonio, as well as the Veterans Affairs regarding legal assistance but neither are accepting any new cases. Can someone please guide me on what I need to do next? Thanks in advance.
  10. Thank you for the link; unfortunately, the office located in my city is not taking in any more phone calls or clients. (I am in San Antonio).
  11. Hello, I am seeking help with a summons I got today. I have very little experience in law. I'm a disabled veteran, unable to work, and don't have money to hire an attorney. So, I'm reaching out on here. I received a summons today stating that I am being sued by Portfolio Recovery Associates, LLC Assignee of Citibank, N.A. / Citibank, N.A/ The Home Depot. The attorney is located about 200 miles away from where I live. A: Parties 1. It lists PRA & a Norfolk, VA address 2. It has my name, and address B: Jurisdiction 3. Plaintiff seeks only monetary relief of $10,000 or less, including damages of any kind, penalties, costs, expenses, and prejudgment costs. 4. Plaintiff asserts that the above named court has jurisdiction over the matter of this case and the person or Defendant and that the damages sought are within the jurisdictional limits of this court. C. Venue 5. Venue of this action is proper in the county named above because Defendant is/are individual believed to be residing in said county at the time of the commencement of suit. D: Facts 6. CITIBANK, NA / CITIBANK, NA/ THE HOME DEPOT issued a credit account in the Defendant's name under its account number ending in *****************. The line of credit was issued on January XX, 2012. Defendant received and used the account and thereby is obligated to pay for the charges incurred with the account. Plaintiff's records show Defendant's last payment on the account occurred on January XX, 2016. Defendant defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The line of credit was subsequently closed due to nonpayment and/or charged off to profit and loss on or about May, XX, 2015. The entire balance on the credit account is presently due and payable in full. 7. Defendant's credit account was assigned to Plaintiff on Feb XX, 2016, and Plaintiff is the current holder of Defendant's account and the proper party to bring this suit. Plaintiff owns all rights, title and interest on the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff's by Defendant on the Account is $4,XXX.XX. 9. Plaintiff does not seek ongoing interest. 10. The Plaintiff has made demand upon the Defendant for payment of the amount due and payable in full. The Defendant have failed, neglected, and refused to pay the amount, less all lawful offsets, credits, or payments is still due and owing. E. COUNT 1: Account Stated 11. Plaintiff is the owner and beneficiary of all claims related to the line of credit opened by Defendant ending in *********************. The amount due and owing on said account is $4,XXX.XX. All just lawful offsets, credits, and payments have been applied to said account. 12. Plaintiff, as owner of the account, is entitled to recover on the account because (1) transactions between Plaintiff's predecessor- in - interest and Defendant gave rise to an indebtedness, (2)there existed an agreement between the Plaintiff's predecessor- in- interest and Defendant which established an amount due, and (3) the Defendant promised to pay the indebtness. Neil v. Agris, 693 S. W .2d 604, 605 (Tex. App- Houston (14th Dist) 1985, no writ); Continental Cas. Co v. Dr. Pepper Bottling Co. of Texas, Inc., 416 F.Supp.2d 497, 504 (N.D.Tex. 2006)(citing Arnold D. Kamen & Co. v Young, 466 S.W.2d 381, 388 (Tex.Civ.App- Dallas 1971, writ. ref'd n.r.e.)). F. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $4,XXX.XX, plus costs which is within the jurisdictional limits of this court. G. Conditions Precedent 14. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. H. Prayer 15. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded judgement against Defendant for the following: a. Actual damages in the amount of $4,XXX.XX b. Court costs. c. All other relief to which Plaintiff is entitled. *There is also an affidavit from a "Custodian of Records" at PRA, stating she works for PRA & she is familiar with paperwork, record keeping, etc... *It states the account had "been sold, assigned and transferred by the Account Seller on 02/22/2016"; there is also a "Bill of Sale and Assignment" Stating Citibank NA sold it to PRA: "For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated January 23,2015, between Buyer and the Bank, the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file". *There is an "Account Statement", which looks like a printout from Home Depot showing balance, fees, etc... Any, and ALL help is greatly warranted, and deeply appreciated!!!!
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