1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC
2. What is the name of the law firm? Rausch Sturm – George Colby Scherer (Main Attorney)
3. How much are you being sued for? $3,540.21 plus court costs
4. Who is the original creditor? Comenity Bank (Victoria's Secret)
5. How do you know you are being sued? Summons delivered to my door
6. How were you served? A male dropped off the Summons to my front door (saw on door cam).
7. Was the service legal as required by your state? Texas, I believe so?
8. What was your correspondence (if any) with the people suing you before you think you were being sued? Possibly letters I dont open if it looks like junk mail, I trash it. I als don't answer spam calls so I have not had any correspondence with anyone.
9. What state and county do you live in? Bowie 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): March 29, 2018 according to the summons.
11. When did you open the account (looking to establish what card agreement may be applicable) October 26, 2014 according to the summons.
12. What is the SOL on the debt? 4 years in Texas I believe.
13. What is the status of your case? It appears the Summons is the "Plaintiff's original petition & first discovery requests". I am hoping someone here can help me craft a response to this summons, it is asking for "Plantiff's first request for discovery includes Plantiff's request for disclosure, request for production, requests for admissions and interrogatories". I don't even know what this means.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I do not believe so.
15. Did you request debt validation before the suit was filed? No.
16. How long do you have to respond to the suit? Monday next following the expiration of 20 days after you were served. I was served May 25th, 2020 so I believe I have until June 15th, 2020. I know this is a tight deadline to ask for help and I apologize.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits: None. They have attached absolutely nothing as evidence for their suit, it appears they are requesting all of that from me.
This is the first time I have ever had to deal with anything like this in my life, I am utterly terrified about this and would deeply appreciate any help in how to respond and handle this going forward, I know I am on a tight deadline at this point and I just found this website. Please if anyone can offer me any assistance it would be greatly appreciated, I can not currently afford to hire a lawyer for this and I am so scared and honestly just do not know what to do. Thank you for your time.