Hello all, I'd just like to preface with.. thank you for this forum. It's been an incredibly stressful time even without this lawsuit and the resources here have been invaluable. I also do understand my case is not super unique, but I did searches and research, I promise! I have a general outline of what I need to do based off of the amazing post about arbitration as well as the stickied posts. I just am not confident on how things need to be worded, formatted etc to ensure I'm being as correct as possible for my specific case.
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?
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued?
6. How were you served?
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?
9. What state and county do you live in?
Bexar 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)
Jan 20, 2018
11. When did you open the account (looking to establish what card agreement may be applicable)?
April 17, 2016
12. What is the SOL on the debt?
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).
Pending (Covid-19 delays? Unsure why this isn't showing filed when they claim to have filed on the 5th of March).
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 from today, I believe. I was served today despite them filing on the 5th according to the claim. Count1: Breach of contract. Count2: Account stated. They sent a first discovery request, a request for disclosure, a request for production, a request for admissions, and a first set of interrogatories. Please see attached for the claim paperwork photos.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
18. How did you find out about this site?
Google! I've spent the past 3 hours trying to learn how to deal with this situation from beginning to end via this forum and other texas gov resources, and while I'm feeling somewhat reassured, I'm just overwhelmed by all of the knew knowledge I took in today and I really want to make sure I make every step correctly from the get go. I'll be attaching anything applicable that I can as well. Please correct anything I've gotten wrong in your replies and please request anything I've left out!
If this matters, the credit card agreement lists AAA as the arbitration resource. I've already pulled that form.
My biggest concerns right now are: 1) My Answer. 2) Do I need to respond to the requests included in the claim if I plan to file a MTC? 3) Am I able/Should I already file a motion for discovery like they've done to me with my answer and MTC?
I plan to use the general denial answer PDF offered by texaslawhelp.org. See attached. Is this an okay document? (see comment below) I'm unsure what plea/s would be the best suited for my case based off of Rule 93. I also plan to mention that I intend to pursue arbitration on this form as well. Finally, I've pulled a modified MTC template from a different post for Texas and wanted to know if I was fine to use it; please skim this document as the 2nd page seems off to me. See attached.
If you all feel a fully written answer by my own hand would be easier/better, let me know.