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Star26

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  1. We jointly own two properties and one is listed as a homestead the other is a rental property. He is the only person named on the suit.
  2. My estranged spouse has been sued by Portfolio Recovery/Synchrony Bank Sam's Club in Texas. He moved to Korea in 2017 and has not returned the U.S. since then. We own property in the county he is being sued in. I have not lived in Texas since 2015 and he has not lived there since Feb 2017. To protect my own interest, I feel I need to fight this lawsuit. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC assignee of Synchrony Bank/ Synchrony Bank/Sams Club 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jamila Boozer Lloyd, Norfolk VA 3. How much are you being sued for? $9,105.33 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Sams Club 5. How do you know you are being sued? (You were served, right?) I was sent pictures of the notice via text by my adult son who found the notice on the front door of my property in Texas. I sent my estranged husband a message via an app. He did not acknowledge. 6. How were you served? (Mail, In person, Notice on door) Citation was taped to front door of jointly owned property in Texas 7. Was the service legal as required by your state? I'm unsure since the defendant has not lived at this address since Feb 2017. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Defendant lives in South Korea, I live in Colorado. I am military; my estranged spouse is not. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The citation states 10 June, 2018. 11. What is the SOL on the debt? 4 years in Texas 12. 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). PETITION FILED Status: Active 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I doubt it. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I doubt this also. 15. 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? 14 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. If we did not have jointly owned property that I have been making all the payments on for the last four years, I would not care about his lawsuit. Since Texas is a community property state, I am afraid ignoring the lawsuit may could potentially put the property at risk. Any advice or assistance would be greatly appreciated.
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