janebetts

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About janebetts

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  1. She took my son's answer, finally. She did not date or time stamp it in front of us. When I asked about it, she said she would put on Xxxx's desk, and let her deal with it.
  2. He opened his first checking account in either December of 1993, or January of 1994. I'd have to have him check for sure.. Meaning that in May of 2012, he could not have made payments on a credit card with one. Will they even approve a person for a credit card without a checking account?* *I'm not playing stupid with that question. I made a decision 25 years ago, that I would never have a credit card, so I legitimately don't know. I figured it was better to live within my means, and not get caught up in that racket.
  3. We believe it may be my father in law's account. It has his legal name on the paper work. His home address had the same number as our business, with a street name starting with the same letter, and we used to get mail for him on occassion at the business. At this point, however, it shows our son's birthday, which is what the court and SO say they have to go off of, due to there being no attachments with the suit with details that would possibly untangle this mess. They can't explain our address being mostly what is on there (it's missing the suite number), nor the fact that the name belongs legally to the deceased FIL. Now you can understand why I'm here. This is a rat's nest, in my opinion. And trying to make heads or tails of it, with no supporting evidence to lead us one way or another, is a headache. If today's experience of trying to even file a general denial is any indication, I fear that getting approved by the court for discovery may be impossible. For now, we hope the filing of the answer leads to a dismissal, so that we aren't fighting with court to even get taken seriously. We are seven hours from the attorney's office and actually took the time to even file an answer. Maybe, if we're lucky, the clerk will mention that even she is unsure if they've sued the right person. (This was one answer we were able to get out of her. That she was confused by the name vs the address vs the birthdate.) Do we expect it to be dismissed? No. We are preparing to go to trial, and will go to our attorney, if it looks like we need one.
  4. We played dumb, and polite. We asked all the questions any reasonable human wouldn't need to ask, we complimented, etc. She seemed put out by having to get off the phone to handle our intrusion, if truth be known. But...you be nice, because even if they aren't supposed to, we all know that clerks and judges discuss cases, and the people involved in them.
  5. Is there a chance it's her? Possibly, no matter how slim that chance is. Is it likely? We do not believe so, as she's now been married/lived with half a dozen others that she moved on to. She is a creature of ease of access, and once the usefulness of someone is degraded in her eyes, she moves on. In other words...at the time this card account was allegedly opened, she was already three or four new victims deep in her scams. And yes, she followed the same path with them.
  6. And now that you know how bad of person my son was born to, can we get back to the topic at hand? Which is the woman at the JP's office tried to talk us out of filing the answer, and refusing to provide copies to my son of the answer he insisted she file.
  7. When we were first served, we jokingly said it may have been my husband's ex wife who had taken out credit in my husband's name long after they were divorced. It would not have been the first time. This matter was taken care of by the company she had went through to secure credit, and she was charged with some kind of impersonation and fraud. Forgive me if I don't remember the details, as they've been divorced 18 years now, and the last instance was about 13 years ago, for using my husband's name. Then the SO realized the papers had our son's birthdate on it. When they served him, we again mentioned to each other it may have been her. However, due to the date it was allegedly opened, and it being at least ten years since her last attempts at securing credit under their names, we decided the chance was not high that it was her. His bio mom had used his (son) name several years prior, to secure utilities at her house. He was maybe 11? 12? at the time, making it around 12 years ago. When it was found out, the utility companies went after her. This debt shows up on my husband's credit report, and on our son's credit report. Unfortunately, I don't have access to my dead father in law's credit score, so I can't verify that they also got him with it. The legal name on the debt is my father in law's name. And at any other time, the ex-wife/bio mom has ALWAYS used the designation to show which of the three it was, even when she was using them for illegal activities, and never used my FIL's name. (Yes, it is fraud on both counts, and it was handled legally in all cases.)
  8. As stated above, we believe the chance of it being identity theft to be less than 1%.
  9. Hold on, I just realized that two of you giving advice don't even reside in Texas. While I appreciate the input, laws are different state to state, and I need input from those in Texas who have personally dealt with our legal system on these matters.
  10. I would put this in the less than a 1% chance category, to be honest. The issues happened when he was maybe 12. Trust me, there was no issue rocking the boat.
  11. We completely understand this, but I realize that some may not, so thank you!
  12. @texasrocker Ok. I went with my son to file his answer. Due to him being John Joe Doe III, that is what his answer is filed under. The clerk did not want to take the answer/denial for filing, as she said that's not who's named in the suit. I explained that John Joe Doe is deceased for two years now, that it had initially been served to John Joe Doe II, and then taken back and re-served on III. She tried to get us to take the answer back without filing it, and wanted us to call the attorney for PRA. III did go ahead and ask that the answer/denial be filed, but she did not provide us with a stamped copy, even when asked. She claimed that the suit did not require notification to the Plaintiff, from us. Instead, they would notify them, and set a trial date. We did take copies up there, and also offered to pay for a copy from their office. Is this normal? I plan to go back up tomorrow, and speak her supervisor, and see if we can't get a copy to send to PRA's attorney. Otherwise, we can only send a copy that does not carry a stamp from the court showing as filed.
  13. No, he's never had a credit card that we are aware of. In the past, there was a family member that used his name for utilities, and we've wondered if they didn't do the same on a card. However, if the dates on the suit are correct, he would have been 17 when this was issued.
  14. @texasrocker That was my initial thought, but I didn't think there was anyway it could truly be that simple. Especially with the confusion on who to serve it to. Thank you! I'll update on if they dismiss or continue forward.
  15. I didn't originally include this, because I thought the above covered it all. Just in case, here's the Q&A, from the sticky post: 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? Rausch Sturm/RSIEH 3. How much are you being sued for? $1,XXX.XX 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA), N.A. 5. How do you know you are being sued? Served 6. How were you served? In person, twice with same paperwork, to two different people 7. Was the service legal as required by your state? Yes, as far as who served it 8. What was your correspondence (if any) with the people suing you before you think you were being sued? We remember a few phone calls from a Portfolio Recovery about a year ago, but they wanted husband to provide SS# and date of birth, and he told them he did not feel comfortable doing so if they couldn't tell him why. Son has never been contacted. 9. What state and county do you live in? Texas, Moore 10. When is the last time you paid on this account? They say Dec 2014, we have no idea if the account even existed, or if it belongs to us 11. When did you open the account (looking to establish what card agreement may be applicable)? They say May 2012, again we are unsure on what this even is 12. What is the SOL on the debt? Four years 13. What is the status of your case? Suit served? Motions filed? Suit served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) We did find it on my husband's credit report, and my son's credit report. Have disputed both since being served. Unknown if it was on my FILs. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). We have not. 16. 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, with 7 days left from this writing, 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None