I was served with papers on 6/15/19 and have 14 days to file an answer. I am located in Harris County. I have seen other posts about filing an answer, potential discovery, arbitration and would like to get some specific guidance.
1. Who is the named plaintiff in the suit?
- Portfolio Recovery Associates, LLC- Comenity Bank New York and Company
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Attorney Orjanel Lewis for PRA and it is filed in Harris County Justice Court
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
- Comenity Bank/New York and Company
5. How do you know you are being sued? (You were served, right?)
- Processor server handed them to me at my door
6. How were you served? (Mail, In person, Notice on door)
- In person
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
- I never received any correspondence in the mail regarding this debt. When I saw it on my credit report I immediately sent a debt validation letter, which they responded to with minimal information. I believe they did not send information. but the info did not include the date of the original default, it was unclear if the balance listed was the original balance or current balance, and I did not receive their surety bond information.
9. What state and county do you live in?
- Texas, Harris County
10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations)
- They say August 6, 2017
11. When did you open the account (looking to establish what card agreement may be applicable)?
- They say January 11, 2014
12. What is the SOL on the debt?
- 4 years
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
- Not with either agency
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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
- Yes I did
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?
- I was given 14 days from the time served which was this past Saturday
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
- The Evidence I was sent are as listed:
- An Affidavit
- Plaintiff's first discovery request
- Bill of sale
- Schedule 1 to bill of sale asset schedule
-copy of a statement with my name and address listed on it