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? (should be listed at the top of the complaint.)
3. How much are you being sued for?
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? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
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?
The law firm had send some letters by regular mail.
9. What state and county do you live in?
Texas - Nueces
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt? To find out:
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).
Served 2 days ago - It was filed in JP court. Response needed in 14 days.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection 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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
Disputed it on the day before being served.
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?
No - Interrogatories - Answer needed within 14 days.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
No affidavit. Petition has "Facts, Account Stated, Damages, Conditions Precedent"
18. How did you find out about this site?