TxCitiboy

Portfolio Recovery Associates in Dallas Texas, suing on debt from WebBank (Dell Preferred Account). Suit is in Johnson County Precinct 2, and attny is from Rausch Sturm. Amount is for $2,430 for debt less than 3 years old. I was served yesterday 9.17.19 at 8:00 pm Suing for breach of contract seeking damages for full amount I forget what all else I need to do. I will attach copies of the suit, and my documents for review. This will include a copy of the debt agreement. Here's my plan, based upon my reading and research on this site: 1. Initiate a JAMS claim, and notify the Plaintiff of my election of an arbitration. I have attached copies of what I'm sending) This includes a cover letter, the demand for arbitration filled out, copies of the agreement, and a notification that the Plaintiff is responsible for all fees. The letter to the Plaintiff states arbitration, and I will include a copy of the the demand for arbitration. 2. When my certified letter is confirmed received, I will file my answer with the court (also attached) that contains both a motion to compel arbitration and a general denial of the points brought forward on the suit. This includes sending a certified copy of the answer and MTC to the Plaintiff and Attny. Once this is done I think I just sit back and wait for them to withdraw the suit? How do my documents look? I understand there's a chance they will allow this to continue, and in which event JAMS will require a complaint. I am building that as we speak, but I'm hoping that they don't make it that far. I don't see them spending what JAMS will cost to secure a $2,400 debt that they probably spent less than $200 on. ADDITIONALLY, I've seen several posts making an affidavit and exhibit of the original credit agreement. Is this a good idea? Should I include that in the MTC answer? Or is my citing of it in the answer enough? Thoughts, corrections, comments, concerns? thanks so much 20190918_130028.heic SuitAnswerPublishable.docx NoticeOfMTCPublishable.docx DPA_Terms_Conditions.pdf 20190918_130028.heic 20190918_130036.heic 20190918_130042.heic

General Question prior to preparation of an ANSWER. I'm sure it's of no real consequence, BUT since the date that the original service date was tried (January) and the delivery of the complaint last week, I have changed my name and moved. We bought a new house, but this address isn't recorded on the complaint, and we finally changed last names because we were married and adopted kids. In essence, the last name on the paperwork is not my last name anymore. Like I said, I'm sure this doesn't matter, but sometimes little things can be big things, and I wanted to make sure this didn't matter before proceeding.

1. Who is the named plaintiff in the suit? Capital One Bank 2. What is the name of the law firm handling the suit? Moss Law Firm (Lubbock Texas) 3. How much are you being sued for? $1,553.64 (Credit report says $1,621) 4. Who is the original creditor? If not the plaintiff? I cannot find another name listed, I think that the OC is the plaintiff. 5. How do you know you are being sued? Served on 5/4/19 6. How were you served? At home address during dinner on Saturday. 7. Was the service legal as required by your state? Yes, I can’t find a violation on the way served. 8. What was your correspondence with the people suing you before you think you were sued? No contact, phone or otherwise. 9. What state and county do you live in? Johnson County, Texas. 10. When is the last time you paid your account? 4/13/17 as recorded on the credit report. 11. When did you open the account? I believe the account was opened in 2014. 12. What is the SOL on the debt? SOL in texas is 6 years. 13. What is the status of the case? Filed-waiting period after service is the last entry on the case file. 14. Have you disputed the debt with the credit bureaus? No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 14 days. I have attached copies of the service papers with all of the facts, cause of actions, attorney’s fees, and prayer. 17. What evidence did they send with the summons? An account statement from November. 18. How did you find out about this site? Have used it before to build an answer. With all of this info, and my searching, I have a few questions. I believe that it is the OC suing, not a JDB. I also think that Capital One’s credit agreement does not have an Arbitration clause, because they removed it during the early 2010s? Seeing as how this is the OC, and there is no arbitration clause, my plan of action is to file a general denial to all points. What is the language to file in the answer that basically states a general denial of all claims? My plan is to file the answer, and then contact the OC and approach for a settlement. I just have to answer to the summons first to avoid a summary judgement.

@texasrocker. What do you think about arbitration? I keep seeing you prefer litigation and discovery, but is arbitration a valid way to continue? I received a second notice from PRA, but have not been sued...yet. I believe by the time I got the first letter and came here 15 days had passed making a debt validation too late to submit. I am preparing answers to fill out with final information if I'm actually served, and I've found your general letter of denial. Is there a way (is it wise) to include a motion to compel arbitration with the answer? Or is that something I should prepare as a plan B? It has been advised to preemptively file a case with JAMS, is that effective? With what you know of PRA, Texas, and the law, is it better to rely on the cost of arbitration to gain dismissal, or is it better to work through extensive discovery and violations of debt collection practice-of which I'm not sure there has been any, to gain dismissal? I'm at a loss, and don't want to get taken for a ride.

If I do have to answer a suit, I've read here the best thing to do is file an answer AND an MTC that way the case is dismissed with prejudice. Is that correct? What should my answer and/or MTC contain? I knowI'll need specifics from the actual suit, but what generalities will I need to include?

Here's the only part of the agreement that mentioned small claims: We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. It is the intent of the parties to require Claims to be submitted to arbitration on an individual basis only I think this means they won't invoke arbitration if I bring a claim into small claims. Is that correct? So it sounds like I'll just wait, and if I get sued then I'll file an MTC?

I live in Texas, and I am receiving mail from PRA regarding a balance they now own from Dell Financial Services (webbank) in the amount of $2430.22. The letter I just received says my account has been transferred to the litigation department, but no attorney has personally reviewed... After researching this site, I found the sections regarding arbitration. The original credit agreement for the dell preferred account does contain an arbitration clause. No suit has been filed, I've not been served, it's just a letter right now. I've never made contact, answered phone calls, or responded to mail received. My understanding is that arbitration will cost them too much to be worth pursuing, given the amount of the debt. My question is what do I need to do or not do as I go forward?