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veedub85

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About veedub85

  • Birthday October 31

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  1. I apologize for the late reply! Life has been hectic lately. I did submit my answers to the court and emailed copies to the lawyer. I’m gonna go with arbitration. Plan is this weekend to draw up the paper work and submit next week. It appears the suit has been filed within the SOL. So I won’t try an argue that point.
  2. I appreciate the response! I agree on the SOL the more i looked into it the more i don't think that is going to be an defense. I will attempt the arbitration and see how it goes.
  3. Got served 05/10/2021 with two lawsuits from LVNV. I've been down this road before and another JDB. but this one is in justice court. I have my answer ready and will file with court. My plan is to got with arbitration. The arbitration clause states small claims court doesn't apply to arbitration. however on reading through post on this site it states small claims court is non existent in Texas anymore, so I'm hoping to argue that point. I also see SOL is 4 years and last payment on account is in 6/17 witch is coming up on its 4 years, when does SOL start? last payment made on account? any other advice is appreciated 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? Matthew W. Cooper, Attorney, Scott & Associates 3. How much are you being sued for? 1,177.66, 827.55 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 1-2 letters from LVNV and probably calls but I dont answer unknown numbers and no messages left for return call. 9. What state and county do you live in? Bastrop county, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 06/2017 on both accounts 11. When did you open the account? 2015,2016 12. What is the SOL on the debt? 4 years 13. What is the status of your case? I need to file an answer by May 24. Suit served? Motions filed? Nothing yet, plan to file MTA 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no. 15. Did you request debt validation before the suit was filed? Note: No 16. How long do you have to respond to the suit? 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. Citation Original Petition Bill of Sales from several different JDB Exhibit A - Copy of spreadsheet listing the account history and transfer. Last couple Credit One bank statements. 18. How did you find out about this site? Google
  4. Thanks! I have read that thread and am getting things in motion. Thanks again!
  5. It does say I need to give notice, with no less than 30 days to respond to claim. Best bet to send letter of intent with MTC and copy of answer before starting with JAMS OR AAA?
  6. I am going to file MTC arbitration. I have that listed under affirmative defense In my original answer. Is that sufficient notice to Attorney that I intend to compel arbitration along with copy of MTC?
  7. Oh ok. I thought I had to file the answer to discovery with the court. I’ll go back and re do it. Thanks!
  8. I’ve attached the answers to original petition and first discovery anything I should change? Not sure what to put for prayer in discovery answer.
  9. quick question, when filing my answer on the request for discovery can I use the original answer format and change to request for discovery answer and change the denial to objection and object to their discovery on the grounds that arbitration has been elected, and the scope of discovery should be determined by the arbitration forum as @nobk4me stated? I plan to file MTC aribitration at time of answer.
  10. May sound dumb but how would I know if it’s justice court?
  11. Thanks for the advice!. I plan to draft and turn in response and MTC arbitration all at the same time. Just need to get it set up right. I’m trying to be calm and rational with all of this. Neve been in a situation like this. Again I appreciate the insight!
  12. Who is the named plaintiff in the suit?- portfolio recovery associates portfolio recovery associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm 3. How much are you being sued for? approximately 2,000 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital bank (GameStop) 5. How do you know you are being sued? (You were served, right?) served papers 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I got a letter in December, possibly phone calls but no messages left 9. What state and county do you live in? Texas, bastrop county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) according to citation 11/22/17 11. When did you open the account (looking to establish what card agreement may be applicable)? according to citation 10/3/14 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). as of 01/19/2020 filed 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 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'). no 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? 20 days to respond to plaintiffs original petition and first discovery request. There is a interrogatory with citation. ( I will attach pictures) Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. only the last 4 of account number nothing else. 18. How did you find out about this site? google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits So I got served papers and have been reading up on what to do. I believe my best bet is to arbitrate. I have some time but will not wait until last minute. Still kinda at a loss but am trying to learn as much as possible. On the front page of the citation it states I have 20 days from service to respond to original petition and first discovery request. So when I respond do I just do the denial or go through and affirm or deny each allegation and discovery request? On the discovery request it is asking me for documentation of the account. I don’t have any paperwork left from that card as I’ve shredded most of my old paper work. What would be the best way to respond? I’ve attached images to my post. I appreciate any and all help. I haven’t drafted a reply letter yet but will do that soon. Thanks!
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