Sofustrated

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About Sofustrated

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    Texas

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  1. @pulpfiction0 I will continue with my research on the rules for Texas. Also, thank you very very much. I will start typing my answer and attached the credit card agreement. I really appreciate it.
  2. @texasrocker thank you very much. Do you have any advice or help that you can offer? It would be most appreciated.
  3. @pulpfiction0 thank you very much. No, I do not have the template. Do you know where I can find it? I appreciate your help. I was about to give up on anyone answering.
  4. Is anyone available to help. I just got served on this past Saturday, August 8,2020. I know that I have twenty days to respond. I am so lost, confused and overwhelmed. Any help would be greatly appreciated. I have included the information below. If you need anything else let me know. 1. Who is the named plaintiff in the suit? LVNV Funding,LLC 2. What is the name of the law firm? Scott &Associates, P.C. 3. How much are you being sued for? $1,576.10; cost of court and continuing post-judgment interest 4. Who is the original creditor? Credit One Bank, N.A. 5. How do you know you are being sued? Summons delivered to my door 6. How were you served? The documents were left at my door 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 or shred it. I am unsure if I have received any calls, because I don’t answer unknown numbers due to a lot of scams. 9. What state and county do you live in? I live in the state of Texas and I reside in FortBend 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 petition attached to the summons, the account was closed/charged off on November 13,2018. 11. When did you open the account (looking to establish what card agreement may be applicable) September 4, 2016 according to the petition attached to the summons. 12. What is the SOL on the debt? I think it is four years in Texas 13. What is the status of your case? This appears to be the first filing, and they are waiting on me to answer the summons 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I hired a credit dispute agency years ago and I am unsure if they disputed this particular debt. 15. Did you request debt validation before the suit was filed? I am unsure. 16. How long do you have to respond to the suit? The summons says fifteen (15) days after being served with the summons. If I am guessing right August 24, 2020. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits: An original petition that lists the following claim details: The claim arises from a Visa Credit Card account entered into by Defendant with Credit One Bank, N.A. Account number XXXX(The Account). The account is in default and Plaintiff sues herein for actual damages, costs of court and continuing post-judgement interest. This is the first and I sincerely pray the only time I have to deal with something like this. I cannot afford an attorney and I have been researching like crazy. This has me very scared. I don’t know if I need to file a motion for dismissal or one for discovery. What I do know is that I need to answer this. Any help at all will be greatly appreciated.
  5. I just got served by LVNV. May I ask how you beat them?