docmar

Members
  • Content Count

    11
  • Joined

  • Last visited

Community Reputation

0 Neutral

About docmar

  • Rank
    Member

Profile Fields

  • Location
    Texas

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Should I get the current cardmember agreement for the arbitration clause, when the account was opened, or the one around the time that I allegedly defaulted? You can get card agreement from the CFPB here
  2. Thanks, @BackFromTheDebt ! I plan to do exactly that for this one!
  3. Portfolio Recovery Associates, LLC: Rausch, Sturm, Israel, Enerson & Hornik, LLC Synchrony Bank (Lowes): Served by Deputy Sheriff on Oct 30, 2018 No Correspondence before suit. Mason County TX Justice Court Alleged Last Payment: January 5, 2017 Plaintiff filed Petition only no Exhibits Plaintiffs Original Petition A. Parties 1. The address for the plaintiff, Portfolio Recovery Associates, LLC... 2. Defendant...... B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less. 4. Plaintiff asserts that the above-named court has Jurisdiction over the subject matter of this case and the person of the 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 the defendant is/are individual believed to be residing in said county at the time of commencement of the suit. D. Facts 6. On or about June 07, 2015, Defendant(s) opened a credit account with SYCRONHY BANK (LOWES) in the Defendant's(s') name under its account number ending in ************4321. Defendant used the account and thereby became obligated to pay for the entire balance owed on the credit account. Plaintiff records indicate defendants last payment on the account occurred on January 5, 2017. Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 09, 2017. On or about July 19, 2017, SYCRONHY BANK (LOWES) assigned Defendant's(s') credit account to Plaintiff, and Plaintiff is the current holder of Defendant's (s')account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. On or about June 07, 2015, Defendant(s) applied for and received a credit account bearing the account number ************4321. Defendant(s) used or authorized the use of the Account for the acquisition of goods, services, balance transfers, or cash advances in accordance with the customer agreement governing the use of the account with SYCRONHY BANK (LOWES). 8. Defendant(s) breached the agreement by failing to make periodic payments as required thereby and the Account was subsequently chared-off on or about June 09, 2017. The current account balance is $925.21 which includes any applicable payments and credits. The Account is not accruing post charge-off interest. 9. That although demand has been made upon the Defendant(s), neither the said sums or any portion thereof has been paid. 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. COUNT 1: Breach of Contract 11. Plaintiff is entitled to recover for breach of contract. SYCRONHY BANK (LOWES)'s offer and extension of credit to the Defendant(s) constitute performance and/or tendering of performance by SYCRONHY BANK (LOWES). Defendant(s) use of the credit account constitutes acceptance of the terms of the account proposed by SYCRONHY BANK (LOWES). Defendant(s) failed to repay the amount owed on the account and thereby breached the contract. 12. Defendant(s)' breach was a proximate cause of the actual damages of $925.21. All just and lawful offsets, credits, and payments have been applied to account. F. COUNT 2: Account Stated 13. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant which established the amount due to the Original Creditor, and (3) the defendant promised to pay the Original Creditor on the indebtedness. G. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $925.21 which is within the jurisdictional limits of this court. H. Conditions Precedent 12. All conditions precedent to plaintiffs claim for relief have been performed or have occurred. I. Miscellany 13. The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorney are debt collectors. J. Prayer 15. For these reasons, Plaintiff asks that the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $925.21 b. Court costs c. All other relief to which the plaintiff is entitled Respectfully Submitted, RAUSCH STURM ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION
  4. I don't know how they can set the trial if you were served on 9/29. Usually, they have to wait for you to answer and then set a court date after that of 45 days. They didn't even do mine it 45 days which I am not sure is legal.
  5. They haven't filed anything but the original petition and a request for alternate services to the JP Court. I have only filed a general denial. I can file an amended answer and do an affirmative defense - motion to compel arbitration. If that is denied then ask permission form the JP court for discovery? I don't know why they would deny it. Synchrony has an arbitration clause.
  6. Sorry, @texasrocker I am quite possibly the worlds worst procrastinator! At least I didn't wait until the week of the trial to do something about it. Also I thought they were supposed to set the trial date at least 45 days into the future. He sent out the notice for trial on 28th of September and trail was November 7th, only 41 days. Finally, I have multiple lawsuits going on right now and it's too much to deal with for me. I am aware that you have to get permission for Discovery in JP Court.
  7. No, I didn't put that in my general denial filed on July 23, 2018, just on here. Would arbitration be better than discovery?
  8. $1826.26. Already filed general denial on July 23, 2018. The trail is set for November 7, 2018, trying to derail it. So the plea to the jurisdiction won't help? If not what are my options? File a motion for permission to proceed with discovery and postpone the trial? arbitration?
  9. No, it's a fake amount just like the Credit Card Number ending in 1234
  10. Here you go @texasrocker Thinking about filing an amended answer with a Plea to the Jurisdiction just like @TrueTexan Portfolio Recovery Associates, LLC: Rausch, Sturm, Israel, Enerson & Hornik, LLC Synchrony Bank (Amazon.com): Served Notice on Door No Correspondence before suit. Mason County TX Justice Court Alleged Last Payment: January 5, 2017 General Denial Filed on July 23, 2018 Court date set for November 7, 2018 Plaintiff filed Petition only no Exhibits Plaintiffs Original Petition A. Parties 1. The address for the plaintiff, Portfolio Recovery Associates, LLC... 2. Defendant...... B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less. 4. Plaintiff asserts that the above-named court has Jurisdiction over the subject matter of this case and the person of the 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 the defendant is/are individual believed to be residing in said county at the time of commencement of the suit. D. Facts 6. On or about July 12, 2015, Defendant(s) opened a credit account with SYCRONHY BANK (AMAZON.COM) in the Defendant's(s') name under its account number ending in ************1234. Defendant used the account and thereby became obligated to pay for the entire balance owed on the credit account. Plaintiff records indicate defendants last payment on the account occurred on January 5, 2017. Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 11, 2017. On or about July 19, 2017, SYCRONHY BANK (AMAZON.COM) assigned Defendant's(s') credit account to Plaintiff, and Plaintiff is the current holder of Defendant's (s')account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. On or about July 12, 2015, Defendant(s) applied for and received a credit account bearing the account number ************1234. Defendant(s) used or authorized the use of the Account for the acquisition of goods, services, balance transfers, or cash advances in accordance with the customer agreement governing the use of the account with SYCRONHY BANK (AMAZON.COM). 8. Defendant(s) breached the agreement by failing to make periodic payments as required thereby and the Account was subsequently chared-off on or about June 11, 2017. The current account balance is $X,123.45 which includes any applicable payments and credits. The Account is not accruing post charge-off interest. 9. That although demand has been made upon the Defendant(s), neither the said sums or any portion thereof has been paid. 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. COUNT 1: Breach of Contract 11. Plaintiff is entitled to recover for breach of contract. SYCRONHY BANK (AMAZON.COM)'s offer and extension of credit to the Defendant(s) constitute performance and/or tendering of performance by SYCRONHY BANK (AMAZON.COM). Defendant(s) use of the credit account constitutes acceptance of the terms of the account proposed by SYCRONHY BANK (AMAZON.COM). Defendant(s) failed to repay the amount owed on the account and thereby breached the contract. 12. Defendant(s)' breach was a proximate cause of the actual damages of $X,123.45. All just and lawful offsets, credits, and payments have been applied to account. F. COUNT 2: Account Stated 13. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant which established the amount due to the Original Creditor, and (3) the defendant promised to pay the Original Creditor on the indebtedness. G. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $X123.45 which is within the jurisdictional limits of this court. H. Conditions Precedent 12. All conditions precedent to plaintiffs claim for relief have been performed or have occurred. I. Miscellany 13. The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorney are debt collectors. J. Prayer 15. For these reasons, Plaintiff asks that the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $X,123.45 b. Court costs c. All other relief to which the plaintiff is entitled Respectfully Submitted, RAUSCH STURM ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION
  11. @TrueTexan how did your case turn out? I also find myself being sued by PRA, but I didn't get any of the discovery stuff. Your plea to the jurisdiction is a nice piece of work! May I use it in my case? Although, I would have to modify it a bit. Their suit is basically along the same lines.