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  1. Not sure what the correct group to post this is because it could go anywhere.... I'll apologize in advance for being overly wordy(i ramble lol). Ok, So here's the details: I'm 31 years old, had great credit in my early 20s, then got involved with substance abuse - long story short got addicted to pain medication thanks to an injury as a result from an accident and ended up being a straight up "junkie" - vehicle ended up repod, got divorced, racked up some CC debts, various cable bills/cell phone plans, a major hospital bill, and other debts, and basically skipped out on all of em for years. Th
  2. 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? Rausch, Sturm, Israel, Enerson & Hornik, LLC 4. Who is the original creditor? (if not the Plaintiff) "Account" opened with Dell Financial Services, LLC On the first set of discovery, "the original creditor" left blank. On the second set of discovery, "the original creditor" shall mean Portfolio Recovery Associates, LLC 10. When is the last time you paid on this account? within SOL 12. What is the
  3. Who is the named plaintiff in the suit? Portfolio Recovery Assoc, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cameron White 3. How much are you being sued for? $1398.76 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served 5/11/16 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required
  4. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael Young 3. How much are you being sued for? $2083.80 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state?
  5. I have the Experian ProtectID service, since the Anthem BC/BS hacking incident and today I noticed this pop-up on my report.Account name: PARAMOUNT RECOVERY SYSTM 111 E CENTER ST, LORENA, TX 76655, 254 857 7007Account number: CAPOCAP1700200382255Recent balance: $630 as of 03/01/2016Date opened: 12/2015Status: Collection account. $630 past due as of Mar 2016.Address identification number: 0317070136Original creditor: GILLESPIE EMRGY MED ASSC PAType: CollectionTerms: 1 MonthsOn record until: Feb 2017Credit limit or original amount: $630High balance: $0Monthly payment: $0Recent payment amount: $0
  6. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES LLC ASSIGNEE OF SYNCHRONY BANK( DEPARTMENT STORE NAME) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSH, STURM, ISRAEL, ENERSON & HORNIK LLC 3. How much are you being sued for? $2,500 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK( DEPARTMENT STORE NAME) 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)
  7. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharin
  8. (Continuing a thread "hijack" from another thread) Do any of you reference the Texas Finance Code when you write a dispute letter to a credit reporting agency, or is that applicable only to DVs to CAs/JDBs? Previous thread:
  9. I originally posted this in another sub-forum but believe this is actually the correct place now. I'll delete from the other. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Michael J Garza Dallas, TX / Rausch, Strum, Israel, Enerson & Hornik, LLC 3. How much are you being sued for? - A little over $5,000 4. Who is the original creditor? (if not the Plaintiff) - Capital One 5. How do you know you are being sued?
  10. I require help please. I was just served with a suit and have 14 days to respond. I will provide any info requested as soon as possible and greatly appreciate any assistance. Plaintiff: Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. Court: Justice of the Peace Plaintiff Attorney: Michael J Garza, Dallas, TX The final page lists Rausch, Sturm, Israel, Enerson & Hornik, LLC. I have scanned and redacted copies for anyone that is willing to help me. Thanks. Edited to attach documents. Small Redacted.pdf
  11. Attached is my rough draft of a DV letter that references the TEXAS FINANCE CODE, I've pieced it together from this and other forums examples, trying to cover all my bases so I don't end up screwing my chances of getting this collection removed. I would appreciate any advice to improve it that anyone can offer. collection.docx
  12. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael James Young P.O. Box 460568 Houston, TX 3. How much are you being sued for? $1900 4. Who is the original creditor? (if not the Plaintiff) Citibank (Best Buy Card) 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 7. Was the service legal as required by your state? Yes 8. What was your corresponde
  13. Hello, I just received a summons from Midland Funding and I need help. It's for a Sears account. I was going to be without internet for 3 months, so I set up my Sears account payments in advance. I found a place to use internet about half way through the 3 months and found out Sears had kicked two of my payments out and had placed late fees on my account and raised my interest. I tried to get online to fix it and they wouldn't let me on my account without stating that it was my fault my payments were late. So I tried calling them and no one could or would help me. I finally gave up
  14. Hey Guys, I'm just starting to try to tackle OC issues on my credit report and I've found that one of them is reporting a different DOFD to each of the three reporting agencies. The same is true for the CA that it looks like bought it. Can I just send a letter to the three reporting agencies with copies of the three different entries and they will delete the tradelines? Or do I have to send everything to the OC and CA themselves and hope they'll do the right thing? Either way I think this violates TFC and FDCPA.
  15. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) KATHARINE ALLEN 3. How much are you being sued for? 1900.14 4. Who is the original creditor? (if not the Plaintiff) WEBBANK (FINGERHUT) 5. How do you know you are being sued? (You were served, right?) SERVED CITATION 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? NOT SURE Process Service Requirements by State - Summons Complaint 8. What was your corresponde
  16. I dv'ed a CA using TFC 392.202 and they sent a response saying "We are in receipt of your letter of dispute or request for verification pursuant to 15 USC 1692g of the FDCPA. Please be advised we have contacted our client who has confirmed the name and address listed on the account in addition to the amount owed." Does this constitute validation? It's clear they didn't bother to read my letter and address the issue as I had raised it. Thank you for your help.
  17. I was served with notice of suit by CitBank. Is for CC debt. Their Attorney is Rausch, Sturm, Israel, Enerson, & Hornick out of Dallas. Can Anyone help craft a response and tell me how to proceed? I redacted my name and address from the service receipt (that I had to scan at my home because server didn't have a copy to give me) and the Citation, before I uploaded them. If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? Is sending their attorney copy via f
  18. Hello everybody, I was served 6/21/2015 and had 14 days to reply to the lawsuit. My answer is due 7/6/2015. I currently have consulted with two attorneys near my area, and they both told me that it would be pointless to hire them because of their high legal fees(fees=2000, amount being sued for =2300) therefore they told me it was best to try to settle with the collection agency. I have tried calling the collection agency but since i currently just graduated college, i dont have the current high amount of money they are trying to get me to pay. So I'm going to try and mediate with them by an
  19. @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 (Payp
  20. Very simple I am being sued by Portfolio Recovery Associates in Texas and I don't know what to do. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC assignee of Wells Fargo bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Attorney in Texas (about 200+ miles from where I am located) 3. How much are you being sued for? Roughly $5,900 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Person came to door and handed me t
  21. I am at impasse with a debt collector reporting on my credit report as the current owners of an alleged old second mortgage debt. A few years ago the last supposed owner of this alleged debt was unable to validate it so it came off of the credit report. This was prior to my becoming a citizen of Texas. Green Tree now pops up claiming to own the debt on my credit report and it looks like they have been reporting it since March of this year. Before educating myself with TFC 392, I requested validation through the credit bureau website thinking there was no way they could validate it because the
  22. Hello, I am being sued by Midland Funding original creditor Citibank(Home Depot). I must answer by 5/28/15. I am very willing to fight this to the end, but the amount of evidence/account information included is slightly intimidating. I have reviewed a lot of information on here, but have not been able to find a case with as much up front documentation as I have been provided. I will post all of my documents recieved in the following post. Please give any feedback possible. Thank you for your time.
  23. I recently have had LVNV file a lawsuit against me similar to what other forum members have experienced. I wanted to try and fight this myself and could use a couple of tips instead of going the lawyer route as it seems pretty cut and dry that they are not the original creditor and have had no written agreement or have they shown proof they own the debt. I have written my response based on what other member have used on this thread but not sure I have done everything correctly. If anyone with experience with law and/or dealing with LVNV could please take a look at my response that would be
  24. I would like to write a Motion for Sanctions so I could point out to the Court how Midland was providing them with false information. Does anyone have any suggestions as how to do that? Do I just list what they have lied about (when they rcvd my Motion, the fact that they DO arbitrate with AAA, etc?) It was suggested that it might be an FDCPA violation that they suggested we couldn't arbitrate. Does anyone know if that is correct? Any help is greatly appreciated.