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.)
3. How much are you being sued for?
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?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
Process Service Requirements by State - Summons Complaint
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
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?)
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').
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?
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!