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Found 76 results

  1. Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay. I called back a second time to resolve the account rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount. They told me they can't settle a judgement because they have to get the court to sign off on it. Again they started to threaten me so I can told them I would have to call them back. I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork. Where do I go from here? Contact PRA? Courthouse? lawyer? I have no issues settling the debt. I really do want the judgement to be vacated. This account shows a total of three times on my credit report. Orginal creditor, collection account and judgement Any help would be very appreciated! Thank you!
  2. @texasrockerCould use your help. Same as you've seen by the others being sued by PRA. No supporting documentation of debt. During the time in question, was responsible for care of terminally ill parent so I have no idea where any of my bills are from that timeframe. They are saying they are assigned on behalf of Citibank/Home Depot. We tried to work it out with HD but was too late, they'd already sold the debt. I'm not sure they were the original collection agency or if they bought it from another one. It seems as if I should answer with general denial? yes? Questions: When/How do I ask for discovery? When I return answer to the summons - is a court date set and a certainty? Does the rep for PRA always show up? We're talking about 700.00 (half of which was added in fees/interest) This debt is my husbands but i am going to represent him. Anything special I need to do for that? The firm is Rausch, Sturm, Israel, Enerson & Hornik When/should i mention arbitration? Any help greatly appreciated.
  3. Hello C&C gurus; I need some advice following today's perplexing event. I received a 30 day letter from a JDB requesting my validation of the debt (from a 2006 acct) that the very same JDB turned over to an attorney in 2009 and who was then awarded a judgment in 2010! Since I was not in the US at the time of default judgment, I don't have record of ANY correspondence from the OC, JDB or any notice of process service to provide to them as per their 30D; and why would I even need to do so? I thought I'd seen everything! Can a JDB come back and restart the debt process after a judgmt is entered? Is this allowed under Fair Debt or other collection law? (I think not). Seems like harassment or just plain stupidity. Do they not know they sent this JD account to their atty who got a default judgment? Can I sue JDB for $1000 harassment/or disregard of collection practices or (better yet) can I get the original debt forgiven since I never received anything? This is an account that is, at least, 10 years old. Thanks, Bohey
  4. I have received several letters from different attorney's stating that Portfolio Recovery Associates has filed in civil court against me. I have not been served yet, but I think the process server tried to do so earlier. I work from home so I do not answer the door when it is someone I do not know especially when I am home alone. They are suing me for a care credit account that was assigned to them for collections in Jan of 2014 for $928. I looked at my credit report and last date of payment to care credit was 5/2013. Can you please tell me how I need to proceed? I live in Harris County, TX (Houston). Do I need to send them a debt validation letter?
  5. Hello Everyone I firstly wanted to say THANK YOU ALL for this amazing forum. Because of you guys I now have the knowledge to take on these jerks! I'm in the discovery phase of my case, and I wanted to check with you all on the wording of my documents and also get help with being 'disrespectfully respectful' in my interrogatories haha. This is actually the second time PRA is suing me for the same debt, which I wasn't sure they could do because of res judica. But because they just sell it to other JDB's apparently the cycle can just continue on and on. Blehhhhh. So in my answer to PRA, I chose to deny everything. I also didn't give any affirmative defenses. For the Request of Admission, I denied all the allegations because they haven't proven standing/ownership of the account. All they sent were billing statements with my name and former address showing a payment that was made on 11/25/2012, along with one other billing statement with the new outstanding balance. From what I'm seeing, this is pretty standard for some cases, as that's usually all they have. I already sent a BOP Via CMRRR and that's what they sent me in response (two billing statements), even though I also asked for the contract that proves their ownership of the alleged debt and so far have received nothing. I'm working on my own Discovery and would like to send it at the same time as my responses to their Discovery. I still have two weeks before the deadline but If I can get this done I'll send it first thing Monday morning. Here's what I have for my Response to Request for Production of Things: Their requests: 1. All correspondence, whether original or copies, sent by you to Plaintiff PRA or to GE CAPITAL RETAIL BANK and/or to any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxx 2. All correspondence, whether original or copies, sent to you by plaintiff PRA or by GE CAPITAL and/or by any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxxx 3. Copies of each canceled check, money order receipt, bank account debit and other similar evidence of payment for the last payment made by you or which was made on your behalf on your former credit account number 60xxxxx with GE CAPITAL. (If you cannot find a copy of the last payment, send a copy of the last payment you are able to locate. 4. Any and all documents supporting the affirmative defenses alleged by you in this action 5. Any and all documents supporting any and all of your general or specific denials of PRA allegations in this action. RESPONDING PARTY hereby answers PROPOUNDING PARTY’s Request for Production: RESPONSE TO REQUEST FOR PRODUCTION NUMBER  1   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   2   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present those documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   3   : Objection. Over burdensome and oppressive. Locating such documents will cost $20/hour for bank to locate evidence of payment among over four years of bank records, as well as the incurring costs for copies of each statement. RESPONSE TO REQUEST FOR PRODUCTION NUMBER   4   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request because defendant has none, as no affirmative defenses were given. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   5   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request defendant has none. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time The tricky part for me is answering their interrogatories without giving them any ammo. Their Interrogatories: 1. Did you ever submit a request for a credit account to GE CAPITAL RETAIL BANK? 2. Did GE CAPITAL issue a credit account number 60xxxxxx in your name? 3. State the approximate date you opened the credit account (for the purpose of these interrogatories, the credit account shall mean credit account issued to you by GE CAPITAL account number 60xxxxxx). 4. Identify (for the purpose of these interrogatories, identify shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possession of any credit card for the credit account. 5. identify each and every person who you ever authorized to use the credit account 6. did you use the credit account? 7. Is $1,5XX.XX, the amount set for in the complaint in this case as the sum owed as of January 19, 2016, your balance due as of that date on the credit account? 8. If you do not agree that $15XX.XX, the amount set forth in the complaint in this case as the sum owed, is your balance due as of January 19, 2016 on the credit account, state all facts upon which you base your denial that the sum of $15XX.XX is your balance due as of January 19, 2016 on the credit account. 9. Did you ever report to GE CAPITAL (for the purposes of these interrogatories, GE CAPITAL shall mean and refer to PRA and/or its predecessor, GE CAPITAL, and/or any collection agent or agency purporting to represent PRA or GE CAPITAL, as to this account) that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE CAPITAL or PRA that there was any problem with the credit account which problem remains unresolved? 11. Did you receive periodic statements from GE CAPITAL regarding the credit account? 12. State the approximate date of your last payment to GE CAPITAL on the credit account. 13. Have you ever corresponded with GE CAPITAL in writing regarding the credit account? 14. Have you ever corresponded with PRA in writing regarding the credit account? 15. State all facts upon which you base your denial of the complaint in this action. 16. State all facts upon which you base each affirmative defense to the complaint in this action Here's what I have so far for my response to their interrogatories: Interrogatory 4: N/A Interrogatory 5: N/A Interrogatory 9: Objection. Argumentatuve and lacking in foundation, as this question assumes facts that are not in evidence. There is nothing in the record that supports the claims made in Plaintiff's question, and these claims cannot be assumed without unfairly prejudicing the Defendant. Interrogatory 10: OBJECTION Argumentative and lacking in foundation, specifically that any such billing statement was received. Again, thank you all from the bottom of my heart for creating this site. I can't thank you enough!
  6. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out of time. I am not sure if I am worried to much about the little things. However, the original creditor was initially GE money. They changed their name to Synchrony (according to the website). I pulled up ALL of the agreements from the federal CC database. All of the agreements are the same, but the initial one (which was similar), which has what I think is a survivability clause. Not sure if I should use that first GE or the first synchrony statement. (Would I put one or both as an attachment) I think I should take out all of the formally known as & just put synchrony. If I do, should I use the synchrony agreement. So confused. In Texas, does the attorney have to respond before I file the motion? Do I include the Meet and Confer letter as an attachment? I know I have to include an affidavit stating everything is true to the best of my knowledge. Do I need to include a copy of the JAMS Demand form that goes to JAMS with the Motion? Or can I wait on that? That is holding me up, and I want to get this filed. ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW Defendant PAGRN appearing Pro Se for her the following original petition answer and Motion to Compel Private Contractual Arbitration with Synchrony bank (formally known as GE Money Bank) and as grounds thereto states the following: 1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing cardholder agreement, which takes away both sides litigation rights in court. 2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. 3. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of both GE Money bank Credit Card agreement and Synchrony Bank Credit Card Agreement (see Exhibit A, attached). (see Exhibit B, attached). 4. The parties are bound by the Synchrony bank (formally known as GE Money bank) credit Card Agreement. The Arbitration Agreement states among other things: (a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account. (b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE (c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination. (d) Governing Law for Arbitration. This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). 5. The Federal Arbitration Act (FAA) 9 USC, Section provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Defendant elects arbitration with Jams to settle this dispute. (see Exhibit C, attached). WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Synchrony Bank pursuant to the GE Money Bank Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.
  7. Hello, Does anyone know where to find an older credit card agreement? Also, I am trying to file a motion to compel arbitration with JAMS. Do I need the credit card agreement from when the account that was originally opened with GE Money or when Synchrony took over in 2013? How could filing this motion to compel arbitration backfire on me? Is there a reason the judge would not approve it? I have found from my research, I need to attach both "a copy of the credit card agreement", and "notarized statement that the agreement is the correct one to the best of my knowledge" to the motion. I also need to send this certified mail to the PRA attorney. Do I send that before or after filing the answer/motion? And am I missing any steps. If anyone has any good copies of the motion, it would be greatly appreciated. I have been sued by Portfolio Recovery Associates LLC, PRA in the state of Texas for close to $1100.00, court cost, and all other relief to which plaintiff is entitled. I am in Texas, and I have 14 days to respond, and I have been spending the last few days researching as much as possible. & trying to learn from others mistakes. This account is still within the SOL. After researching for several days, I think the best thing to do is file a motion to compel arbitration. Facts listed on the original petition. State alleged account opened with Synchrony Bank August 2011, (Which was GE Money @ the time). They stated last payment was September, 2013. The credit card account was subsequently closed April 14, 2014. PRA took over the account February 2015. Being sued for: Count 1: Breach of contract Count 2: Account Stated No exhibits, no affidavits, no statements, nothing but the original petition and citation. Also, I found some wording for an ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION. Should I file that, or keep it simple and file just the ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION
  8. The big things that stand out to me is PRA has made little to no effort to contact me by phone or snail mail. The notice to appear has a hand written date of early February yet it was dropped off at the door (not handed to anyone) weeks later and dangerously close to appearance date. I'm not sure if the process service requirements of my state were met or what I can do since it would be my word against the server.. No one signed, no person received it, it was just left at the door yet. When researching the case the agent reported some fictitious female name as who he left it with. The sole inhabitant is disabled and unable to answer the door. Weird stuff about the accused debt is that the card was not used so the last payment date pre-dates the purchase. The only other thing that stands out to me is in the counts, PRA states CITIBANK and I the defendant agreed to the resulting balance for the account.. Which I absolutely did not. I'm assuming they can make that statement by default to non-payment or a lack of correspondence on my part at some point? In any event there has been almost no attempt by anyone to contact me regarding this alleged debt. I've been doing research on the whole thing and it's amazing how little time they gave me to prepare for this.. Looking at the case history, they've been doing all this since last year. Only now, < 3wks from the pretrial mediation date have I received my first notice of these proceedings and this case against me. I'm not sure what to bring.. Can I motion for things on the spot? Am I simply asking for more time to prepare? What can I actually do besides potentially mediate OR request a trial date be set. Anyhow, thank you to anyone who contributes any time to this matter. I've been out of work for almost five years now and taking care of two sick people for the better part of three.
  9. I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then filed a Motion to Dismiss, or in the alternative, stay case and compel arbitration. However, I forgot when the pre-trial date was and submitted the motion only a few days before the pre-trial. The plaintiffs lawyer made very little attempt to negotiate a deal, instead she had a very rude and demeaning attitude, apparently she didn't even know that I filed for the motion (which I did send a copy to the plaintiffs law firm a few days before I even submitted it to the court) and that seemed to have made her angry or something. Nevertheless, at the pre-trial, the judge mentioned that he looked at my motion. The plaintiffs lawyer said that what I (the defendant) was doing is just common tactics to buy time and based on her experience I'm not going to file for arbitration. The judge asked her if she wanted to adjourn and she said no, he then denied the motion saying that we will see if he (The defendant) files for arbitration and if not then it will come back to court. That is where we stand now, the pre-trial was yesterday (Dec.3rd), and I'm pretty confused right now. I didn't expect the judge to dismiss my motion as the combination of their affidavit being expired and the arbitration clause in the agreement basically throws their argument out the window. My main questions and concerns are, how (at this point in the case) do I file for arbitration and who do I notify and how do I notify them? I've read many posts on how to initial arbitration but my situation seems a little different and I want to make sure I'm doing it correctly. Also, my concern is that if the plaintiffs lawyer send a summary disposition at this point, do I have to answer it or does that mean I am forfeiting my right to arbitration? Any help at all will be greatly appreciated, I'm really a tadpole in a lake when it comes to law, I'm just learning as I go basically. -- Abe
  10. In late December 2015 I disputed some things on my credit reports. In January PRA started there process of suing me, and I was officially served yesterday, Feb 6, 2016. The packet includes: The summons page Form 1.997 civil cover sheet The complaint Exhibit A: Affidavit from PRA Bill of Sale from Citibank (no information specific to me or my account) An account statement from the OC Process server worksheet Since yesterday I have been lurking trying to gather info. Based off of my readings I feel confident that I can handle this in court with no lawyer. I know I need to send an answer to this within 20 days. Can anyone offer helpful info as to how I should write my response?? A few more things: I see no date for court... would that come later? The amount im being summoned for is 6k. I am in florida. What other details should I provide?? Thankssss
  11. First post and very glad I have found this forum. Initial plan if I understand it correctly is to file then serve General Denial CMRRR (any help with affirmative defenses would be great), send BOP CMRRR, then start strategizing from there. I have been reviewing the stickied posts and starting to go through the older posts; I hope the information I provide is useful. Thanks in advance for any assistance. Exact quotes, amounts, and identifying info have been sanitized and abbreviated. 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? (should be listed at the top of the complaint.) EMILY PIERCE/JORDAN D. COOK/LORI N. WILLIAMS /KRISTEN L. BRINKERHOFF PRA 3. How much are you being sued for? $1XXX 4. Who is the original creditor? (if not the Plaintiff) Cap One 5. How do you know you are being sued? (You were served, right?) OTHER ADULT IN HOUSEHOLD SERVED 1/3 9AM, THEN VIA MAIL POSTMARKED 1/4 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES 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? ORANGE COUNTY, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Allegedly 02/2013 per complaint 11. What is the SOL on the debt? To find out: 4 YEARS 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). SUIT SERVED, NO MOTIONS FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 4. 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. NO 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? -30 CALENDAR DAYS (OR 40 SINCE SERVICE WAS NOT DIRECTLY TO ME?) PLD-C-001 COMPLAINT-Contract 1. PRA VS EinCA 3. Plaintiff is LLC in CA 8. Causes of Action X Common Counts 9. Other Allegations: See Attachment One 10. a. damages of $1XXX d. mail everything to plaintiff's attorney until formal notice PLD-C_001(2) FIRST CAUSE OF ACTION-Common Counts ATTACHMENT TO Complaint CC-1. PRA alleges that EinCA became indebted to "Plaintiff's predecessor on an account assigned, transferred and/or sold to Plaintiff. Plaintiff is the assignee of the account. See attachment ONE, incoorporated by reference hereto. a. within the last four years (2) because an account was stated in writing by and btween plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. CC-4 Other: Plaintiff purchased, is current owner, "plaintiff" refers to plaintiff's predecessor in interest, see attachment 1 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ATTACHMENT ONE Plaintiff is assignee as of xx/2014, balance was $1XXX, no post charge-off interest of fees, last payment 02/13, Cap One is creditor, bought by PR, LLC, seeking $1xxx + costs (this attachment has 10 lines, will provide on request) Also attached were copies of 5 Cap One statements from 2013 and a Cap One "Cycle Facsimile Report" with some data on the account from 2013, a Cap One charge-off notice, a dec re reduced filing fees, and ADR info
  12. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process cannot be effectuated at the aforementioned address, I authorize the Defendant to contact attorney XXX for purposes of effectuating proper service on my behalf." Also, the last line of the Declaration says "Executed on this day XXX, at San Diego, CA." So, I'm thinking I should either strike Argument A or rewrite it such that it only says the declarant was unreachable* by the process server. * The subpoena will be issued on Monday and I'm guessing the declarant probably won't be available, but will know for sure soon enough. I go to trial this week as well, so am getting the subpoena in just under the wire. I won't have 5 days to file the objections with the court, but do plan on overnighting a copy to PRA's lawyers so that they are aware I plan to fight back with gusto. Is this correct? -- PS: I'm terribly behind. I have two cases in motion - but they will be months apart. Unfortunately, I haven't been organized and missed my chance to do the preliminary stuff on suit #1. Nevertheless, I am inspired by those that have crammed a lot of learning into a short time and come out the other side. I'm determined not to let being behind stop me from trying. (Also, I worry that not fighting this will send the wrong message when it comes to suit #2. So, I'm in it to win it.) The one thing I have done is read, read, read this forum! I've seen that the members here will help people who are willing to do the work - and I am willing to work hard. Will probably have more questions over the next week, but I'll keep them all contained in this thread. Thanks in advance!
  13. Does anyone know if PRA will take a Settlement but mark as Paid in Full? advice, Experience?
  14. First of all, Thank you for any and all assistance. I recently recieved a subpoena notifying me that I am being sued by Portfolio Recovery Associates. I have never been issued a subpoena before and have no clue what to do. I am panicking. I have attached the first 5 pages of the subpoena. The other documents included are sell of the debt and a credit card statement from 08/2012. If I need to include those, then I will. The documents have been edited to remove personal information (name, address, case number, ect.) If needed, I will PM you. Thank you again, redd4949 Here is how it reads. Portfolio Recovery Associates LLC Assignee of In the Justice Court HSBC Bank Nevada N.A. Capital One N.A. / Best Buy Harris County, Texas Plantiff Precinct 4, Place 2 vs. 7900 Will Clayton Parkway My Name Here Humble, TX 77338 5849 Defendant 713 287-2450 Citation (Debt Claim Case) The State Of Texas County of Harris: To: ANY SHERIFF, CONSTABLE, PROCESS SERVER CERTIFIED UNDER ORDER OF THE SUPREME COURT, OTHER PERSON AUTHORIZED BY COURT ORDER, OR CLERK: Deliver this citation, together with a copy of the petition, to: My Name Here My Address Here My Phone Number Here TO THE DEFENDANT: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plantiff with the Clerk of the Court on or before the end of the 14th day after the date of service of this Citation. If you fail to file an answer as required, a judgement by default may be rendered upon the plaintiff's proof of the amount of damages. Date Petition Filed : 10/02/15 Nature of demand made by Plaintiff(s): money owed in the amount of $1381.04 together with attorney's fees, cost of court, interest as provided by law and general relief. A copy of the Petition is attached. You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with these papers. If the 14th day is a Saturday, Sunday, or legal holiday, your answer is due by the end of the first day following the 14th day that is not a Saturday, Sunday, or legal holiday. Do not ignore these papers. If you do not file an answer by the due date, a default judgment may be taken against you. For further information, consult the Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. A copy of the Rules is available at http://www.jp.hctx.net/ or at the Justice Court.
  15. 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? (should be listed at the top of the complaint.) Hunt and Henriques 3. How much are you being sued for? $5,832 4. Who is the original creditor? (if not the Plaintiff) U.S. Bank National Association 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) Served in person at my home. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt validation request. Nothing else. 9. What state and county do you live in? California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown. According to the CA, May 2013. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Status: Pending (info via the court website) Under case information, the court shows Summons Filed, Collections Case Complaint Filed, and Proof of Service Filed 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Yes. They responded with copies of a year's worth of statements. 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? Response is due tomorrow (Aug 14). 1) Account Stated Prayer Amount: XXXX Limited Civil 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Statement from May 2013 Exhibit B: Statement from Dec 2013 (time of charge off) 17. Read this article: Done! I've been reading posts on the forum, but now that it's time fill out my own response I'm worried about getting it right - to the point of paralysis. There's no more time, I have to take the paperwork to the court tomorrow. Can someone please point me in the right direction to help me get started? Also thought it would be helpful to have my own thread since I will likely need more help along the way.
  16. @texasrocker I was served a Citation (Debt Claim) properly yesterday in the Justice Court, Texas by Portfolio Recovery Associates. I need a general denial to file as my answer and I want to make sure I am sending the correct language for my specific case. It is within the SOL. I have never spoken to PRA prior to this lawsuit. The 14 days to file answer starts today. Thanks so much!! The plaintiff is Portfolio Recovery Associates LLC Assignee of GE Capital Retail Bank (Paypal). The facts listed in the petition are as follows: Defendant opened a credit account with GE Capital Retail Bank (Paypal) in the defendants name under its account number ending in XXXX. Defendant used account and therby became obligated to pay for the balance owed on the credit account. Plaintiffs records indicate defendants last payment on the account occurred on Xxxx. Defendant defaulted on the obligation to make monthly payments and the account was subsequently canceled. The credit account was closed due to nonpayment and/or charged off on or about xxxx. On or about Xxxx, GE Capital Retail Bank (Paypal) assigned credit account to Plaintiff, and Plaintiff id the current holder of account and the proper party to bring lawsuit. The balance remaining on the credit account is presently due and payable in full. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. Count 1: Breach of Contract Plaintiff is entitled to recover for breach of contract. GE Capital Retail Bank (Paypal) offer and extension of credit to defendant constitute performance and/or tendering of GE Capital Retail Bank (Paypal). Defendant failed to repay full amount owed on the credit account and thereby breached the contract. Defendants breach was a proximate cause of actual damages of $xxxx. All just and lawful offsets, credits, and payments have been applied to the account. Count 2: Account stated Plaintiff is entitled to recover on an account stated claim because (1) transactions between the plaintiff and defendants gave rise to the indebtedness (2) there existed an agreement between the plaintiff and defendants which established the amount due to plaintiff and (3) the defendant promised to pay the plaintiff on the indebtedness. Damages Plaintiff seeks damages on its liquidated claim in the amount of at least $xxxx which is within the limits of this court. Conditions Precedent All conditions precedent to plaintiffs claim for relief have been performed or have occurred. Miscellany The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorneys are debt collectors. Prayer For these reasons plaintiff asks the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against defendant for the following. Actual damages in the amount of $xxxx Court costs All other relief to which plaintiff is entitled. Respectfully submitted Rausch, Sturm, Israel, Enerson & Hornik, LLC
  17. To my fellow Pro Per defendants, Right before my trial, I had my initial thread for this topic taken down. However I was able to first export most of the information contained therein, and after hearing from several other members about how helpful the thread had been to them, I decided that I just had to try to bring as much of it back to the site as possible. I apologize in advance if the posts look a bit odd; I'm having to cut and paste them into this new version from .pdf files. The conclusion to this thread may be found here: http://www.creditinfocenter.com/community/topic/326248-portfolio-recovery-hunt-henriques-new/. I hope that having things divided this way (into a Part 1 and Part 2) isn't too confusing. It's my sincere wish that the information contained herein helps others who come after me. The time, effort, and endless patience shown by so many who helped me on this site deserve to live on for posterity.
  18. I’m hoping someone can help me with an Answer and with the Discovery. I appreciate your assistance in advance. Thanks. 1. Who is the named plaintiff in the suit? Portfolio Recovery 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Would rather not say 3. How much are you being sued for? $1,500 4. Who is the original creditor? (if not the Plaintiff) Credit card company 5. How do you know you are being sued? (You were served, right?) Received the Petition and Order for Alternate Service in the mail 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? Yes, with the Court Order, I believe so. 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 have never spoken to them 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2010 11. What is the SOL on the debt? To find out: 4 years, I believe Statute of Limitations on Debts 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 and I have approx. 7 days left to file an answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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. No 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? Approx. 7 days left to answer Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was sent 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Petition is as follows: A. Parties 1. Plaintiff and address 2. My name and address B. Jurisdiction 3. Plaintiff seeks relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, and pre-judgment interest. 4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person(s) of Defendant(s) and that the damages sought are within the jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of trial. D. Facts 6. On or about __________, XXXXX bank issued a credit card in the Defendant's name under its account number ending in _________xxxx Defendant received and used the card and thereby became obligated to pay for charges incurred with the card. Plaintiff's records show Defendant's last payment on the account occurred on Dec 2010. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about July 2011. The entire balance on the credit card account is presently due and payable in full. On our about Feb 2014, Defendant’s credit account was assigned to Plaintiff, and Plaintiff is the current holder of Defendant’s account and the proper party to bring this lawsuit. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $1,500. 8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The Defendant has failed, neglected, and refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Count 1: Breach of contract 10. The issuance of a credit card constitutes the offer of contract. See, e.g. Bank One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E. 2d 284, 285 (Ohio Ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant. See e.g. Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21, 150 S.E. 2d 319, 320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S. W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat’l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 11. By using and/or authorizing the use of the credit card defendant accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant also became subject to all of the terms and conditions of the Plaintiff's cardholder agreement. 12. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendants credit card. Prior to date of charge-off monthly bills were sent to the defendant reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The defendant had a duty to submit any disputes of the charges set forth in such statement, in writing within sixty days from date of the statement. Plaintiff asserts that a Defendants failure to submit such disputes should be treated as an admission of the account balance, since defendants was/were given both a method and an opportunity to raise such disputes. 13. Defendant breached the contract by defaulting on the payment obligation of the credit card agreement. In violation of Defendant's promises and obligations under aforementioned written contract, the defendant breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant. 14. Defendant's breach was a proximate cause of actual damages $1500. All just and lawful offsets, credits, and payments on the credits have been applied to the account. F. Count 2: Account Stated 15. Plaintiff is the owner and beneficiary of all claims related to the credit card account opened by Defendant. The amount due and owing is $1500. All just and lawful offsets, credits, and payments on the credits have been applied to the account. 16. Plaintiff is entitled to recover on the account because (1) transactions between the Plaintiff and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Plaintiff and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the Plaintiff on the indebtedness. G. Damages Plaintiff seeks damages on its liquidated claim in the amount of at least $1500, which is within jurisdictional limits of this court. H. Conditions Precedent 18. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 19. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Prayer 20. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against Defendant for the following. a. Actual damages in the amount of $1500 b. Court Costs C. All other relief to which plaintiff is entitled.
  19. I just received the plaintiff's response to my plea to the jurisdiction, and special exception I sent off courtesy of the help from Texasrocker. Each reply was in a separate envelope. My court date for this is October 29th so any helpful info will greatly be appreciated. I am just now trying to figure out what the next steps would be or how to properly object to (and get this stuff thrown out) this info they obviously are going to bring up as evidence. The only thing they have my info on is the affidavit from the expert "custodian of records" for Portfolio Recovery, Larry Whitaker. ** Objection hearsay, chain of custody, as Mr. Whitaker is not an expert to the financial records of Citibank...** But the bill of sale from Patricia Hall is very generic. Then behind that is a blank "Exhibit 1 Asset Schedule" it looks like they blanked everything out. Then the printout of all my info from an excel spreadsheet and down @ the bottom says " Data provided by Portfolio Recovery Associates, LLC from electronic records provided by Citibank, NA pursuant to the sale of accounts from Citibank to PRA" In the response, the mention Texas DOT v. Arzate, 159 s.w.3d 188,190( Rex. el paso 2004, no pet) I think it is supposed to be Tex not rex. and then Bland ISD v. Blue, 34 s.w.3d 547,554 (TEX. 2000) --------------------------------------------------------------------------------------- Since they separated the Plea to Jurisdiction and the special exceptions, I will do the same. And again any help will be appreciated.
  20. 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? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $1x,xxx (LIMITED CIVIL CASE, exceeds 10,000 but does not exceed $25,000) 4. Who is the original creditor? (if not the Plaintiff) WELLS FARGO BANK, N.A. 5. How do you know you are being sued? (You were served, right?) SERVED. 6. How were you served? (Mail, In person, Notice on door) IN PERSON (FAMILY MEMBER). 7. Was the service legal as required by your state? AS FAR AS I CAN TELL, YES. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NO MUTUAL CORRESPONDENCE OTHER THAN ANSWERING A PHONE CALL A NUMBER OF WEEKS PRIOR TO BEING SERVED.PROBABLY LETTERS (NON-REGISTERED MAIL) SOME TIME LAST YEAR, UNSURE (BUT LOOKING) 9. What state and county do you live in? CALIFORNIA, LOS ANGELES. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) EARLY 2010. SERVED EARLY APRIL, 2013. 11. What is the SOL on the debt? To find out: 4 YEARS. 12. What is the status of your case? Suit served? Motions filed? LATE MARCH 2013 OSC SET (REDACTED) NOTICE FILED & MAILED MID MARCH 2013 COMPLAINT FILED - COLLECTION CASE MID MARCH 2013 SUMMONS FILED MID MARCH 2013 NOTICE OF CASE ASSIGNMENT FILED AND COPY GIVEN TO PLAINTIFF 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO. 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. UNFORTUNATELY, NO. 15. How long do you have to respond to the suit? 30 DAYS FROM BEING SERVED (EARLY MARCH) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NO EXHIBITS, ETC. JUST CASE ASSIGNMENT, STATEMENT OF LOCATION ADDENDUM, ETC - APPEAR TO BE STANDARD CASE FILING ITEMS. -----------------------------------------------------
  21. In response to my Motion to Strike Plaintiff's Affidavit(which is the standard PRA affidavit), PRA is claiming the affidavit is admissible as evidence under AR rule of evidence 803(6) or (7). "Plaintiff has properly incorporated its predecessor in interest business records into its own business records. There is no prohibition against this practice. See Marshall Trucking Co. v. State, 23 Ark. App. 110 (1988)". Do I need to file a response to this, and if so, what argument do I use? I know this is not correct, and that you can't just use someone else's business records as your own, but I don't know how to present this. Cates v. State, 589 SW 2d 598 - Ark: Court of Appeals 1979 may also be of interest - it provides criteria for admission of business records. -josh Body of my Motion to Strike follows: 1. Plaintiff has submitted into evidence an affidavit claiming that the affiant has personal knowledge of business records related to the aforementioned alleged debt referred to herein as PLAINTIFF’S AFFIDAVIT. 2. The affiant writing the PLAINTIFF’S AFFIDAVIT does not explain how the business records came into her possession, only that to the best of her belief they "represent" the actual records from the original creditor, creditor name. 3. Affiant of PLAINTIFF’S AFFIDAVIT does not claim to have personal knowledge of how business records were kept at the original creditor. 4. Affiant of PLAINTIFF’S AFFIDAVIT does not claim to have personal knowledge of the sale or assignment of the alleged debt from the original creditor to PORTFOLIO RECOVERY ASSOCIATES, LLC. WHEREFORE, the Defendant prays the Court that Plaintiff's Affidavit be stricken from the Complaint filed herein, in which it is incorporated by reference. Respectfully submitted,
  22. So Portfolio Recovery Associates has been giving me hell over some old debt. Ive got another thread going regarding the whole ordeal. They've got 2 accounts with my name on them, one of which is beyond the SOL and the other which has about 8 months left on the SOL. Im preparing on whether or not to DV them on the most current account and see what they do, then make a deal. Or just wait it out until the SOL expires and I can send a FOAD letter on both accounts. (amounts ranging, $700 - $1000) From what ive read online, its pretty hard to get PRA to do a PFD or anything like that. So I may just wait it out and see what happens as they continue to send letters and call. NOW, while im waiting is there anything that can be done about excessive calling? And does this constitute as excessive calling that can be used as a complaint or violation? These screenshots are from my Google Voice number which I have used for years as my billing telephone number. From the voicemails they left and call backs that i made to check numbers, im pretty sure these are all Portfolio Recovery Associates. From the looks of my Google Voice inbox, it looks like this has been going on for a very long time. Ive got probably about 500 calls logged in the inbox from varied numbers spread over about 2 years time. Just like the screenshots. Sometimes a couple same day, sometimes the next day then 2 days later and so on and so on. Varied but still very many. Does this constitute as excessive calling or any sort of violation? Seems a bit overboard to me. And what can I do about it? I dont ever answer this phone number but the calls have recently been coming in on my personal line. And If they start coming in at this frequency, im going to have to change my number... maybe i can use this against them?
  23. Recently, the second lawsuit for the same account filed by PRA was dismissed without prejudice. Is there a California code that requires a second dismissal initiated by the plaintiff to be with prejudice rather than without? Wheels
  24. I opened a Capital One credit card in March 2005. I first became delinquent August 2006 and even though I paid some months here and there after that, I was never able to get out of the late 30 days or more status until they charged it off in January 2008. When I was young(er) and stupid(er) in 2007 I kept getting called at work and threatened to be sued by Global International for my outstanding balance of about $4800. So in December 2007, I sent them a payment of $1500 and they were supposed to set up payment arrangements. Instead, they disappeared. They wouldn't respond to calls and nothing was sent. (Like I said - stupid) The payment date was reported on Capital One's TL entry, but the balance did not change. Fast forward to 2012 and I began getting calls from my old friends Portfolio Recovery demanding payment of $4800 and showing last payment date of December 2007. I checked my CR in April and it showed that the Capital One account was sold to Portfolio Recovery. My Capital One account has since fallen off of my credit report. I don't see the PRA account on my credit reports that I just pulled. My questions are: It does not appear to be past the Indiana SOL of 6 years even though it no longer appears on my credit report. I can't dispute anything with CRA because it's not there anymore. Do they remove negative TL's when they are going to sue to avoid disputes? PRA sues a lot of people in Indiana... Based on the last payment date of December 2007, the 6 year SOL should apply January 2014. Is this correct? They also own a debt from HSBC which is well within SOL for $562. I'm planning on offering a settlement for PFD. How can I protect myself that if accepted, they don't try to apply payment to the Capital One debt and restart the clock? Also, with PFD, is it better to offer a lower or higher amount? Thanks for any help! You guys have been a huge help to so many people. I've already learned a lot from you. I've been able to get a few false entries removed from my CR already, but these PRA guys engage in guerilla warfare and it's time to consult with the 4-Star Generals! -ivyy
  25. Good afternoon everyone, I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many others are dismissed with or without prejudice. Seems to me her plate is full with Banks suing Banks, etc. and she doesn't like to fight the CC suits. Probably only 1% has been decided in her favor based strictly on the failure of the defendant to "answer" in a timely manner, thus the plaintiff receives a default. I have every intention of fighting this suit so I'll be asking for help along the way. I appreciate the knowledge I've already aquired just from lurking the last few days and I look forward to winning my case.