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Found 87 results

  1. I was served with a lawsuit from Midland Funding today. Lawsuit was filed in Justice of the Peace Court in Texas. 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.)Chase Hague, Houston, TX 3. How much are you being sued for? $5xxx 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware 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, 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? None, if they called they never left a message. I don't answer calls that aren't in my contacts. 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/05/2014, according to included documents 11. What is the SOL on the debt? To find out: 4 years 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). Served, I have 14 days to respond 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? 14 days from today, 7/8/17 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. Copies of 2 credit card statements from Dec 2014/Jan 2015 and July 2014/August 2014 billing periods, Bill of Sale, Data Sheet that contains basic account info (my contact info, date acct opened, charge off date, date of last payment etc), Portfolio Level Affidavit of Sale, Certificate of Conformity. I know I need to file a answer to the court. Is there a specific forum where I could find a template to use for my response? Should I be concerned that they have these old statements? I have included a redacted copy of the documents I was served today. Any guidance would be greatly appreciated. JusticeCrtCivilCitation_Redacted.pdf
  2. Hello, I am seeking help with a summons I got today. I have very little experience in law. I'm a disabled veteran, unable to work, and don't have money to hire an attorney. So, I'm reaching out on here. I received a summons today stating that I am being sued by Portfolio Recovery Associates, LLC Assignee of Citibank, N.A. / Citibank, N.A/ The Home Depot. The attorney is located about 200 miles away from where I live. A: Parties 1. It lists PRA & a Norfolk, VA address 2. It has my name, and address B: Jurisdiction 3. Plaintiff seeks only monetary relief of $10,000 or less, including damages of any kind, penalties, costs, expenses, and prejudgment costs. 4. Plaintiff asserts that the above named court has jurisdiction over the matter of this case and the person or Defendant and that the damages sought are within the jurisdictional limits of this court. C. Venue 5. Venue of this action is proper in the county named above because Defendant is/are individual believed to be residing in said county at the time of the commencement of suit. D: Facts 6. CITIBANK, NA / CITIBANK, NA/ THE HOME DEPOT issued a credit account in the Defendant's name under its account number ending in *****************. The line of credit was issued on January XX, 2012. Defendant received and used the account and thereby is obligated to pay for the charges incurred with the account. Plaintiff's records show Defendant's last payment on the account occurred on January XX, 2016. Defendant defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The line of credit was subsequently closed due to nonpayment and/or charged off to profit and loss on or about May, XX, 2015. The entire balance on the credit account is presently due and payable in full. 7. Defendant's credit account was assigned to Plaintiff on Feb XX, 2016, and Plaintiff is the current holder of Defendant's account and the proper party to bring this suit. Plaintiff owns all rights, title and interest on the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff's by Defendant on the Account is $4,XXX.XX. 9. Plaintiff does not seek ongoing interest. 10. The Plaintiff has made demand upon the Defendant for payment of the amount due and payable in full. The Defendant have failed, neglected, and refused to pay the amount, less all lawful offsets, credits, or payments is still due and owing. E. COUNT 1: Account Stated 11. Plaintiff is the owner and beneficiary of all claims related to the line of credit opened by Defendant ending in *********************. The amount due and owing on said account is $4,XXX.XX. All just lawful offsets, credits, and payments have been applied to said account. 12. Plaintiff, as owner of the account, is entitled to recover on the account because (1) transactions between Plaintiff's predecessor- in - interest and Defendant gave rise to an indebtedness, (2)there existed an agreement between the Plaintiff's predecessor- in- interest and Defendant which established an amount due, and (3) the Defendant promised to pay the indebtness. Neil v. Agris, 693 S. W .2d 604, 605 (Tex. App- Houston (14th Dist) 1985, no writ); Continental Cas. Co v. Dr. Pepper Bottling Co. of Texas, Inc., 416 F.Supp.2d 497, 504 (N.D.Tex. 2006)(citing Arnold D. Kamen & Co. v Young, 466 S.W.2d 381, 388 (Tex.Civ.App- Dallas 1971, writ. ref'd n.r.e.)). F. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $4,XXX.XX, plus costs which is within the jurisdictional limits of this court. G. Conditions Precedent 14. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. H. Prayer 15. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded judgement against Defendant for the following: a. Actual damages in the amount of $4,XXX.XX b. Court costs. c. All other relief to which Plaintiff is entitled. *There is also an affidavit from a "Custodian of Records" at PRA, stating she works for PRA & she is familiar with paperwork, record keeping, etc... *It states the account had "been sold, assigned and transferred by the Account Seller on 02/22/2016"; there is also a "Bill of Sale and Assignment" Stating Citibank NA sold it to PRA: "For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated January 23,2015, between Buyer and the Bank, the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file". *There is an "Account Statement", which looks like a printout from Home Depot showing balance, fees, etc... Any, and ALL help is greatly warranted, and deeply appreciated!!!!
  3. Hi, I've been reading threads here for few days now.. and I was wondering if I stand a chance against Midland Funding. They haven't sue me yet. But I received letter from them trying to collect a debt and says if I don't reply to them, they're going to sue me. Therefore, I sent them a letter telling them I wanna elect Arbitration about this matter. (Which I read in arbitration step by step thread) After that, they sent me documents like bill of sale and affidavit from original creditor and credit card statements. Now Im asking whats next thing to do?
  4. I received a summons from a Credit Union I use to bank with, in Texas. The Petition states the Credit Union as the Plaintiff, as it has not been sold to a debt collector. I am being sued for an amount between $5,000 and $10,000 due to credit card debt. The petition states the Plaintiff intends to conduct discovery. The Petition provided a generalized credit card agreement between "defendants" and "plaintiff", however there are no account numbers, no signatures of omission from defendants. or any documents provided. Does this mean they may or may not have access to more definitive information, proving their case? I have already typed up the answer to the Plaintiff's original petition, addressing each paragraph. Any and all advice is greatly appreciated. I have a little over a week before I have to respond to the Plaintiff's petition.
  5. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Record Affidavit and an Affidavit for Attorney Fees. The motion fails to enumerate the facts at issues and which pages of attached evidence address the facts, it does have documents attached as evidence, all of which fail to show a direct link between the Plaintiff and account. (Attached) How do I specify issues of fact and objections if the motion is stated in a general manner? Strategically, if I go through all of the pleadings and motion and identify related evidence + weaknesses I do myself a disservice. I would be stating the grounds for their case, giving them all the info they need to strengthen their case, and it providing them with information regarding my strategy, knowledge base, and abilities. Can someone please help me with how best to address this issue? I know that I can request revisions by specifying things that are vague or ambiguous, but that my request is too general it will be denied, and am again unsure because their entire motion is too vague and ambiguous. I welcome your related experiences and advice. Thank you in advance. JDB-MSJ.pdf
  6. 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.) "Portfolio Recovery Associates," with Original Petition signed by Orjanel Lewis, Texas SBN 24083667 3. How much are you being sued for? $3,134.72 4. Who is the original creditor? (if not the Plaintiff) Cit Online Bank / Dell Financial Services, LLC 5. How do you know you are being sued? (You were served, right?) Served 9/15/2016 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. Never any phone calls or mail from anyone from Portfolio Recovery Associates. 9. What state and county do you live in? Texas, Brazoria County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure. Claimed to be January 21, 2013 in Complaint, but should have been sometime prior to mid-to-late 2012 if it is an account of mine. Date complaint filed with the court was August 23, 2016. 11. What is the SOL on the debt? 4 years. Account opened in 2005 as claimed in suit would have been in Mississippi, with 3 year SOL. I moved to Texas in August 2012. 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 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? 14 days, ending Thursday, September 29, 2016. Answer filed with the justice court on September 28. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The complete Original Petition is inserted below, but a summary of attachments is: a. Affidavit of PSA Custodian of Records supposedly certifying “personal knowledge of Account Assignee's record keeping system,” b. un-notarized “Bill of Sale” from “Kelly M. Barrett, Title: President” with title at bottom the page of “WebBank Secondary Bill of Sale FY15 FFDS Month 8,” c. “Schedule 1 to Bill of Sale dated October 14, 2014 – Accounts specifically identified in the following file: Secondary FF Oct2014 sales WebBank.xlsx Is save and encrypted on Hyperoffice at the following path: WebBank / DFS / Asset Transfer / Oct (2014) FY15 FFDS Month 8 d. Apparent photocopy of Dell Financial Savings statement from October 2013 with my name and address e. Status Report to Servicemembers Civil Relief Act (I am not and have never been in the military) The Original Petition served from the justice court is as follows: =========================== (Begin Petition) =============================(end Petition) I have filed an Answer with the justice court which is basically the one posted on this forum by TexasRocker: =============================(begin Answer) Case No. xxxxxxx PORTFOLIO RECOVERY ASSOCIATES, LLC § IN THE JUSTICE COURT ASSIGNEE OF CIT ONLINE BANK / DELL § FINANCIAL SERVICES, LLC § Plaintiff § § PR 4 PL 1 v. § § xxxxxxxxxxxxxxxxxxxx § Defendant § BRAZORIA COUNTY, TEXAS DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS ANSWER Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of The Plaintiff's allegations. Defendant asserts that the claims are barred by the applicable statute of limitations. Defendant asserts that the interest rates charged by the original creditor are usurious. PLEA TO THE JURISDICTION Grounds for Dismissal for Lack of Standing This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff is not a financial institution, original creditor, lender, or issuer of any credit card. Instead, Plaintiff alleges "Defendant's(s').credit account was assigned to Plaintiff on October 16, 2014, and Plaintiff is the current holder of Defendant's(s') account. See Plaintiff's Original Petition under "Facts," paragraph 7. There is no allegation or statement as to who was the seller, and there is no way from these pleadings to determine if Plaintiff purchased the account from anyone in the chain of title, and no way to determine what rights, if any, the Plaintiff has to bring suit. A plaintiff who seeks to sue based on rights acquired by an assignment must plead and prove up the assignment. Ceramic Tile Intern., Inc, v. Balusek, 137 S.W.3d 722, 724 (Tex. App, – San Antonio 2004, no pet.); Delaney v. Davis, 81 S.W.3d 445, 448-49 (Tex. App, – Houston [14th district] 2002, no pet.). Plaintiff has not done either. If Plaintiff is the assignee and rightful owner of the debt, this should be very easy for Plaintiff to allege and prove, yet Plaintiff avoids and dodges the issue, when such issues cannot wait until trial. Without a pleading of an assignment and admissible evidence of the assignment, there is no subject matter jurisdiction and this case must be dismissed. Whether plaintiff has standing to bring this lawsuit is a threshold issue that should be resolved at the onset, and the instant plea to the jurisdiction is a proper means by which to address this threshold question. Legal Standards for a Plea to the Jurisdiction The purpose of a plea to the jurisdiction is to dismiss a cause of action without regard to whether the underlying claim has merit. Bland ISD v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). The plea challenges the court's power to adjudicate the subject matter of the controversy. Texas Dept. of Transp. v. Arzate, 159 S.W.3d 188, 190 (Tex.App. – El Paso 2004, no pet.), Axtell v. University of Texas, 69 S.W.3d 261, 263 (Tex.App. – Austin 2002, no pet.). Standing is a basic requirement of the judicial system and goes directly to the court's subject matter jurisdiction over a case. It may be raised at any time and, unlike a challenge to a party's capacity to sue, cannot be waived or presumed. Nootsie Ltd. v. Williamson County Appraisal District, 925 S.W.2d 659, 661-662 (Tex. 1996), Continental Coffee Products v. Cazarez, 937 S.W.2d 444 n.2 (Tex, 1996). A plea to the jurisdiction is the proper way to challenge a party's lack of standing. Waco ISD v. Gibson, 22 S.W.3d 849, 850 (Tex. 2000). The Plaintiff must come forward with sufficient evidence to demonstrate that there is at least an issue of fact as to the existence of jurisdiction. Texas Department of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 227-228 (Tex. 2004). The court should grant defendant's plea to the jurisdiction because on the face of the petition, it is clear that the Plaintiff is not the original creditor, which therefore puts standing at issue, and it is certain that this Plaintiff will not come forward with admissible evidence of standing to bring the lawsuit. SPECIAL EXCEPTION TO ACCOUNT STATED 1. Credit Card Cases Are Based on Express Contracts and Cannot Be Brought On Implied Contract Theories Like Account Stated. The Texas Supreme Court made clear in Truly v. Austin, 744 S.W. 2d 934, 936 (Tex. 1988) that a plaintiff may not avoid the terms of its express contract by seeking recovery on an implied contract theory if the damages claimed are covered by the express contract. Credit card cases brought on an account stated theory violate this Supreme Court holding. Credit Card arrangements are governed by express contracts. The only viable cause of action for breach of a credit card is breach of contract. Implied or quasi-contractual causes of action like an account stated cannot be brought on a credit card debt without violating Truly v. Austin. Texas courts will not imply the existence of contract where an express contract already exists. Fortune Production Co. v. Conoco, Inc.,52 S.W.3d 671 684 (Tex. 2000), Woodard v. Southwest States, Inc., 384 S.W.2d 674 (Tex 1964), Musick v. Pogue, 330 S.W.2d 696, 699 (Tex. Civ App.- San Antonio 1959, writ ref'd n.r.e.). The reason for this rule, as described by the Supreme Court in Fortune Production, is that parties should be bound by their express agreements. When a valid agreement addresses the matter, a party should not be able to recover more than is provided for in the agreement. Id., 52 S.W.3d at 684. "Count 1" of the Original petition fails to provide fair notice as to how The Plaintiff can avoid this express contract in favor of an account stated. The principle that a plaintiff should not be able to use an implied contractual theory to recover more than his contract authorizes is particularly applicable to credit card cases. Credit card fees and interest rates are heavily regulated. Federal Law mandates comprehensive disclosures of these terms when the account is opened and when the account is amended. See e.g. 15 U.S.C. § 1637 ¶ (1)-(7), 12 C.F.R. 225.5-225.16. Credit card plaintiffs should be able to produce these disclosures or otherwise prove the interest rates and fees that their customers agreed to pay. Using an account stated theory to imply an agreement to pay the interest and fees would improperly relieve plaintiff from establishing the amount of interest and fees that were required to be disclosed to the defendant under Federal law, and must have been included in the terms of its alleged express agreement with the defendant. 2. A Credit Card Account Is Not an Account Stated A credit card account is not an "account" as that term has been used in the common law governing suits on account. A credit card account does not arise out of a course of dealing between two parties engaging in transactions in goods. A credit card account is a multiparty arrangement. Each transaction involves at a minimum, the debtor, a merchant, the merchant's bank, a clearing organization such as Visa, Mastercard, American Express, the card issuing bank and the card issuing bank's credit card processing unit. Every transaction brings a new merchant and merchant bank into the web of transactions that make up the account, with the result that over the term of a credit card account, hundreds of parties may be involved, not just two as envisioned for a common law account. Moreover, the transactions in a credit card account are not merely sales of goods. The account issuer does not sell goods to the account holder: instead, it makes extensions of credit to the account holder or to third party merchants on the account holder's behalf. For these reasons the cause of action for account stated does not apply to credit cards. An account stated is merely an open account that has been closed because the party charged has agreed that the account is correct. Whittlesey v. Spofford, 47 Tex. 13, (Tex. 1877), Wroten Grain & Lumber v. Mineola Box Mfg. Co., 95 S.W. 744 (Tex Civ. App.-1906), Padgitt Bros. Co. v. Dorsey, 194 S.W. 1124, 1126 (Tex Civ. App.- El Paso 1917, no writ). An open account is an implied claim that arises from the course of dealing between two parties who engage in a series of transactions in which title to goods passes from one to the other. McCamant v. Batsell, 59 Tex. 363, 367-369 (Tex 1883), Livingston Ford Mercury, Inc. v. Haley, 997 S.W.2d 425, 427 (Tex App.----Beaumont 199, no writ). Over a century ago in McCamant v. Batsell, 59 Tex. 363, 1883 WL 9175 (Tex. 1883), a case that has never been overruled, The Supreme Court construed the word “account” as it is used in this context as limited to suits arising out of relationships in which title to goods was transferred from the plaintiff to the defendant and further excluding suits in which the rights of the parties were defined by a written agreement. In McCamant, a suit on a promissory note, the plaintiff sought to make use of the then existing statute governing suits on account, which like current Rule 185, set up abbreviated procedure for resolving disputes involving such suits. Unlike the current rule the statute did not enumerate the kinds of action that could be brought as suits on account. The Supreme Court construed the meaning of the term “account” in the statute as being consistent with the common law meaning of the term: “As used in the statutes of this state, in the act referred to, we believe that the word 'account' is used in its popular sense, rather than in a technical sense, and that it applies to transactions between persons in which, by sale upon one side and purchases upon the other, the title to personal property passes from one to the other, and the relation of debtor and creditor is thereby created by general course of dealing.” The Court also ruled that the plaintiff’s suit against the maker of a note and his sureties could not be brought as a suit on account or an open account because it did not arise out of the course of dealings between a buyer and seller, but was based upon a written agreement in which all the terms were fixed and certain. Id., 1883 WL 9175 at 6. The Supreme Court reaffirmed the holding of McCamant in Meaders v. Biskamp, 316 S.W.2d 75 (Tex. 1958), in which The Court distinguished a suit on an account from a suit based upon an express contract for purposes of awarding attorney’s fees. The then-applicable language of Tex. Civ. Stat. Art. 2226, the predecessor to Tex. Civ. Prac. & Rem. Code Ch. 38 permitted an award of attorney’s fees for a suit upon a sworn account but did not include the present language authorizing fees in a breach of contract case. The Meaders court, citing McCamant, held that a suit founded upon a written contract for the drilling of an oil well was not a suit on account because the relationship of debtor and creditor did not arise from a course of dealing but from a contract. Id., 316 S.W.2d at 78 The classic statements of the elements of the account stated cause of action expressly draw a distinction between suits that grow out of a course of dealing and suits that grow out of an express agreement. For example, in Central Nat. Bank of San Angelo v. Cox, 96 S.W.2d 746, 748(Tex. Civ. App.—Austin 1936, writ dismissed), the court said: “The cases are legion on what constitutes an account stated. In general the essential elements involved are: Transactions between the parties which give rise to an indebtedness of one to the other; an agreement, express or implied, between them fixing the amount due; and a promise, express or implied, by the one to be charged, to pay such indebtedness. 1 Tex.Jur. p. 371 et seq.; 1 C.J. 678; 1 Am.Jur. 272; 1 C.J.S., Account Stated, p. 693.” The first and defining element of the claim is existence of a debtor-creditor relationship that arises from a series of transactions—from a course of dealing, not a contract. This element is identical across all suits on account, whether open, sworn or stated. While the other elements of the claim do reference an agreement, the subject matter of the agreement is not the creation or terms of the debtor-creditor relationship, but the acknowledgment, after the transactions that gave rise to the relationship have occurred, of the amount due and the obligation to pay. Recent court of appeals decisions allowing a stated account on a credit card have overlooked these Texas Supreme Court authorities and instead are based upon mere dicta from a footnote in a decision out of the Dallas court of appeals. In a footnote in that case, Dulong v. Citibank (South Dakota) N.A., 261 S.W.3d 890 (Tex.App.----Dallas 2008) the court stated that a sworn account requires the passage of title and is thus not a proper tool for a credit card case but noted that it differs from an account stated in this regard. But neither that decision nor any of the other appellate decisions that have followed it have explained how they reached this conclusion. These decisions are utterly devoid of any analysis or legal authority on the issue, and none of them discuss McCamant v. Batsell. These decisions are simply contrary to Texas Supreme Court authority PRAYER Wherefore, premises considered, Defendant prays that the Court grant his Plea to the Jurisdiction, grant his Special Exceptions, enter judgment in his favor and against Plaintiff, that Plaintiff take nothing, that the Court assess costs against Plaintiff and award Defendant all other relief, at law and in equity, to which he is entitled. Respectfully Submitted, Signed_________________________________ Name: xxxxxxxxxxx Address: xxxxxxxxxxxx Phone: xxxxxxxxxxx CERTIFICATE OF SERVICE I do hereby certify that I will mail by Certified Mail with return receipt a true and correct copy of this ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS to the Plaintiff on the 28th day of September, 2016. Signed____________________________________ Name: xxxxxxxxx Phone: xxxxxxxxx ======================= (End Answer) I have received the green certified mail Return Receipt card from the plaintiff for this Answer. I've been working through the book "O'Connor's Texas Rules - Civil Trials" recommended by TexasRocker, and from it and other reading I've done in civil procedure ebooks available from the Texas State Law Library, I'm feeling more and more confident that a lot of the deficiencies cited by other forum members in their cases are contained in the plaintiff's Original Petition. The "Bill of Sale" is generic and does not even have a notarized signature, and the affidavit from the PRA employee to establish the business record refers only to a vague entry in some computer file somewhere, not a specific record with my name or data. The more I read and observe, this Petition appears to contain just enough "evidence" to back up a default judgment, but with plenty of holes--with many referenced by the points in TexasRocker's Answer--that would be easy to exploit if the suit continues. I am presently working on Discovery questions to submit to the justice court for approval to send to the plaintiff; as of today I have received no Discovery questions or other correspondence from the plaintiff or anyone else from Portfolio Recovery Associates. I would appreciate any suggestions on proceeding further, but TexasRocker's example Answer has already been indispensable. Just before finding it here I almost filed just a General Denial, but TexasRocker's arguments looked better than anything else I had found elsewhere or that I had tried to cobble together myself. I'll be sure to post any and all developments here so that everyone can benefit from what happens with me in this suit. I will also be happy to answer any questions if I've been unclear with anything I've posted. Just note that I suffer from debilitating migraines and fibromyalgia that can put me out of commission for days at a time, so if I don't respond immediately to a post this is most likely the reason. It's not that I'm ignoring anyone, and the occasional fibromyalgia "brain fog" could make one of my postings more incoherent than I would like it to be. (I'm hoping a medication adjustment appointment with my internist next week will help enough for me to make it relatively symptom-free through this next push with Discovery and anything else that crops up with the suit.) Thanks in advance to all... Bozee
  7. needing help with my moms judgement .............i followed steps provided on one of the forums but unfortunately i didnt notice the forums was a few years old that i had studied and with the information i was provided i shared in court and portfolio had an answer and the judgement was against my mother based on my lack of providing evidence or information for the judge to move in her favor.................... with that being said are there any forums already posted that address someone filing an appeal or anything related that i could study that would help build a stronger case against portfolio ............................... thanks in advance
  8. 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.) "Portfolio Recovery Associates," 3. How much are you being sued for? $2,771.86 4. Who is the original creditor? Synchrony Bank/Wal-Mart 5. How do you know you are being sued? I was served papers last night, 1-20-17 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? Phone calls, voicemails and mail from Portfolio Recovery Associates, but did not actually speak with anyone. 9. What state and county do you live in? Texas, Colorado County 10. When is the last time you paid on this account? Not sure. Claimed to be August 29, 2015 in Complaint. Sounds accurate. 11. What is the SOL on the debt? 4 years in Texas 12. What is the status of your case? Suit served? Motions filed? Suit Served, have not filed an answer yet 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? No 15. How long do you have to respond to the suit? 14 days 16. What evidence did they send with the summons? An Affidavit from PRA, a Bill of Sale and a copy of I presume my last credit statement with Synchrony/Walmart. The Bill is sale is generic and has no link to my name or account. The credit statement does not show any red warnings of my account being closed soon for failure to pay. Just shows that I was behind in payments and what I owed for next payment.
  9. Hello Forum, HELP!!! I am a Texas resident and Homestead Property owner involved in a Pro Se "unconscionable contract" dispute with Nationstar Mortgage. My original petition is attached. Nationstar is a "Debt Collection" agency/service provider for Freddie Mac. The defendant Nationstar has sent an open letter of "General Denial" to my claim stating: 1) Defendant asserts statue of limitations. 2) Plaintiff has failed to name all necessary parties. 3) Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control. 4) Plaintiff failed to state a legal basis for his claim. My questions/comments are as follows: 1) I am WAY out of my league as a Pro se litigant. My experience level in life has not prepared me to fight a giant like Freddie Mac & Nationstar Mortgage but I have lost everything in my pursuit of an equitable judgement and this is my final hope. 2) What do I do? In responding to the 4 points listed above I can only provide these statements for your help & consideration on how I might go about defending my home. Point 1: Defendant asserts statue of limitations: Taylor Bean & Whitaker were my original mortgage "Note" holders and the FBI put them into force receivership when they raided their offices in 2012 and put several of the executive directors in jail for mortgage lending fraud. FreddieMac transferred my "Note" to Cenlar just 3 short weeks before the FBI raid. Cenlar as the second service provider and in the summer of 2015 FreddieMac assigned my note to Nationstar for Debt Collection. A final letter of denial for assistance from Nationstar was received on 01/25/2017. I immediately filed against them with this petition. Point 2: Plaintiff has failed to name all necessary parties. As I am not an attorney, i am not sure what other parties I should be filing against for "unconscionable contract" when Nationstar is the only "Note Holder." Am I supposed to be filing against Freddiemac too? Point 3: Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control. This the big one. Does anyone have a legal precedent in Texas that I can reference that says that all responsibility lies with the current service provider and that the current service provider inherits all previous errors and omissions? Point 4: Plaintiff failed to state a legal basis for his claim. i thought I did this when i stated my claim is an "unconscionable contract." How do I respond to this? Angels are out there and I could really use one right now. Can anyone help with this? With humility, respect and overwhelming gratitude. Chris
  10. Okay, below is my situation. Any advice provided would be greatly appreciated! Thank you in advance. 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? Raush, Sturm, Israel, Enerson & Hornik LLC 3. How much are you being sued for? A little over $5000. 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? Served 6. How were you served? (Mail, in person, Notice on door) In person on 11/19/16 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? Texas, Dallas County 10. When is the last time you paid on this account? June 2015 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit filed/served 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? No 15. How long do you have to respond to the suit? Did you receive any interrogatory (questionnaire) regarding the lawsuit? 14 days; I received no questionnaire or any other documentation was attached. 16. What evidence did they send with the summons? None. Plaintiff's Original Petition Court document showing Plaintiff and Defendant names stating that I’m being sued and that I have 14 days to file a written answer to the court; along with the name and address of the Plaintiff’s Attorney. Signed by Justice of the Peace. Stamped on October 26, 2016. A. Parties 1. Indicates plaintiff and address 2. Indicates my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, and expenses. 4. Plaintiff asserts that the above-named 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 suit. D. Facts 6. On or about September 2013, Defendant(s) opened a credit card account with SYNCHRONY BANK (DEPARTMENT STORE NAME) in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on June 2015. Defendant defaulted on the obligation to make monthly payments on the credit account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about November 2015. On or about December 2015 SYNCHRONY BANK (DEPARTMENT STORE NAME) assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of the Defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the account is $5000. 8. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to ay 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. Account Stated 10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant(s) which established the amount due to the Original Creditor, and (3) the Defendant(s) promised to pay the Original Creditor on the indebtedness. F. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $8,086.62, which is within the jurisdictional limits of this court. G. Conditions Precedent 12. All conditions precedent to Plaintiff’s claim for relief has been performed or have occurred. H. Miscellany 13. 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. Plaintiff’s attorneys are debt collectors. I. Prayer 14. For these reasons, Plaintiff asks that the court issue a citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $5000. b. Court costs c. All other relief to which Plaintiff is entitled.
  11. 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 by your state? I think 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? None 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2014 11. What is the SOL on the debt? 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 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? 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. none
  12. So today a woman knocked on my door and served me with 2 pieces of paper. Midland Funding LLC vs. "ME" My original creditor was Dell Financial. (webbank) I have browsed and read this site for a few hours (serching for texas stuff) Found a few good things, then joined the site hoping to find more. To be 100% honest. Im lost maybe because i have so much going through my mind. I dont want to mess this up by filing something thats way wrong.. I have 14 days till I have to do something. Im not asking for a step by step, All I am hoping for is to be pointed in the right direction. For example where do i start, my first step? Thank you in advance if you respond.
  13. I live in Bexar County Texas and just started receiving letters from different lawyers wanting to represent me in a lawsuit filed by Midland Funding on an account they purchased from Synchrony Bank which Synchrony Bank is not even the Original Creditor on. I started doing some research and found that it was filed in a JP Court here. I know I need to be served which a private service company has left a few notices on my door for and I know the next step would be to file my answer however my question would be how should I file my answer and in Bexar County at which point would I file for discovery? This is all new to me so any help someone could give me would be much welcomed. They amount they are suing for is $3483.33 Also looking my Credit Report I see that Midland Funding has Changed the opened date to what I am guessing is that date they purchased the debt (08-15) is this legal or should it remain the date of the original agreement with the original creditor? TIA Richard
  14. 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) 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? Texas Montgomery County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2013 11. What is the SOL on the debt? 4 Years 12. What is the status of your case? Suit served? Motions filed? Suit Filed/Served 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? 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? 14 Days, No questionnaires or any other documents attached other than original petition 16. What evidence did they send with the summons? None Plantiff's original petition: 1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court. Along with the name and address of the Plaintiff (attorney). Signed by the clerk of the court. 2. Then a Petition with a stamp date on it Feb 2016. It shows as follows: A. Parties 1. states plaintiff and address 2. states my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, cost and expenses 4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant 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............. D. Facts 6. On or about month/day/2012, Defendant opened a credit card account with XXXXX SYNCHRONY BANK( DEPARTMENT STORE NAME) in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on Janurary, 2013. 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 September, 2013. On or about July, 2014, SYNCHRONY BANK( DEPARTMENT STORE NAME) assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 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 $2500. ( 8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, ad 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. Plaintiff is entitled to recover for breech of contract. SYNCHRONY BANK( DEPARTMENT STORE NAME) offer and extension of credit to defendant constitute performance and/or tendering of SYNCHRONY BANK( DEPARTMENT STORE NAME). Defendant failed to repay the full amount owed on the credit account and there by breached the contract. 11. Defendant Breach was a proximate cause of actual damages of $2500 And just and lawful offsets, credits and payments have been applied. F. Count 2: Account Stated 12. Plaintiff is entitled to recover on the account because (1) transactions between the original creditor and defendant gave rise to the indebtedness, (2) there existed an agreement between the original debtor and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the original creditor on the indebtedness. G. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $2500, which is within jurisdictional limits of this court. H. Conditions Precedent 14. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 15. 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 16. 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 $2500 b. Court Costs C. All other relief to which plaintiff is entitled. Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LLC By: ORIGINAL COPY SIGNED ( it states that ---- No signature) Attached is what I think I should file as my answer based upon my research on the forums and the many responses by Texasrocker any suggestions or words of encouragement would be greatly appreciated. Thanks in advance! ANSWER-2.pdf
  15. Question: Is an Agreed Judgment necessary in this situation? I want to pay the full balance on a credit card debt. I received a notice of intent to file civil law suit from a collections attorney representing the Original and Current Creditor (same bank). I contacted them and over the phone discussed terms (a payment plan) and requested the paperwork for a settlement agreement of those terms. I received in the mail a 1) settlement agreement, and 2) an agreed judgment. They have asked me to sign both and return them. In the settlement agreement it says: "During the conversation, you expressed a desire to reach a settlement in this matter and stated that you would be willing to enter into a payment plan concerning the Account on the condition that (1) we enter into a signed settlement agreement, (2) you agree to a repayment plan, and (3) you consent to the entry of an Agreed Judgment. In exchange, we will agree not to pursue collection of the judgment as long as you make you agreed payments under the terms of this Settlement Agreement:" [and then it lists the repayment terms] At no point in the (legally recorded) conversations was an Agreed Judgment discussed. The Agreed Judgment includes an additional page, that states: "It is further ordered, adjudged, and decreed that the plaintiff Bank of America, N.A., is entitled to post-judgment interest on said judgment to be computed at the rate of 5.00% annum on the damage portion of the award, and at the rate of 5.% per annum as to all over amounts awarded herein, said interest to accrue as allowed by law from the date of this judgment until this judgment is satisfied." In the phone discussion, the representative specifically stated that they are not charging interest. I was informed when I originally called them that the law suit had been "printed", and that the next step would my being served. The validation documents and the above described documents were mailed to me. I want to sign a settlement agreement. I want and am prepared to repay this debt. I do not want to agree to a judgment against myself.
  16. Can anyone point me in the direction of how to Initiate with JAMS? I was looking at their website but I see no type of form or anything I can fill out to show I am initiating arbitration with JAMS.
  17. Ok so I posted here before about being sued by Portfolio Recover Associates. Well I filed my general denial and its been months. PRA sent me some mail saying they had documents and I needed to sent them a written notification in order to obtain them. I never responded to that. Now I have a court date set for this Monday coming up. Does anyone have any recommendations for this? I have my cardmembers agreement that I will take with me and if things go wary, maybe I can ask for the private contractual arbitration as outlined in my agreement? Any suggestions would be helpful.
  18. Looking for some assistance on what to do. Back in April I filed my General denial not requesting arbitration, kind of forgot about everything and then got a letter in the mail saying I have court coming up on Monday the 7th of November. I have my member agreement showing I can use arbitration but what I want to know is if they don't back down how do I request for the private arbitration as stated in my card members agreement. Any help would be great. I would like to know how to write out the Motion to Compel Private Contractual Arbitration and what how to file it when I do go to court on Monday. I am in Dallas County, JP Court.
  19. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  20. Question: Can I call them to start the conversation and indicate that I want to settle? Understanding that all must be in writing from them before payment/etc. Texas resident. I am trying to figure out my best next steps. I have two accounts in collections from 2013/14 when I was unemployed. I let my fear and shame rule me, so I did not talk to my creditors at the time, and have since then been at a complete loss as to how to proceed. I am now determined to get ahead of these. My finances are now back to where I can make payments and can Dave Ramsey-style pay off all my credit card debt. I received a letter from a collections attorney firm last week that states a Notice of Intent to File Civil Law Suit for the $5000 debt. I called the OC and they confirmed the amount and that the debt had been charged off and the phone number for the new contact person matches the number in the letter. I see conflicting information here in the forums re: whether or not calling the CA is appropriate. I understand not making payment or trusting a deal until it's in writing. But my first priority is preventing a law suit. I do not deny the debt to the original creditor. I cannot afford an attorney to represent me in court. I would rather settle this before it gets to that stage. Can I call them to start the conversation and indicate that I want to settle?
  21. I've read several different cases on this site regarding portfolio Recovery but I'm freaking out since I sent in my answer and also requested info on how I proceed for file for discovery but no answer instead I get a letter today from the judge with a court date and stating if no show a judgement would be placed. Do I just send a copy of the request for discovery since they never gave me an answer on the process of it? I will be ordering the book @texasrocker suggested this evening but I'm just really scared since I've never had to appear in court or in front of a judge ever in my life. I have read also that I could file for ARB so I'm so confused on what to do at this point until I get the book. Any suggestions would be greatly appreciated. 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.) RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $880.09 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK (PAYPAL) 5. How do you know you are being sued? (You were served, right?) served with papers on door, then also looked up case on justice court website 6. How were you served? (Mail, In person, Notice on door) received them taped to my front door in a ziploc bag. 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? Unknown. They attempted calling in the past, but I did not know them. 9. What state and county do you live in? TX Kaufman 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 the summons 10-05-2014 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I'm sure I have 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? I had 14 days, which I sent a general answer that I received on here. I also asked how to proceed with filke for discovery which they have never answered me. I plan on calling tomorrow. I received a paper today in the mail from the judge with a court date of 10-5-2016. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the original petition from the courts that I was being sued
  22. We were served with a suit today by Portfolio Recovery Associates. Looking for help on a response. The particulars are stated below as I have seen others respond in this manner. We will have two weeks from Monday to respond and we are hoping to eradicate these buggers quickly. Our situation is different from most I have seen in that we had lots of contact with PRA and also RSEIH (the law firm) prior to the suit. Any and all help is greatly appreciated. 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.) Michael J. Garza Rausch, Sturm Israel Enerson & Hornick LLC 3. How much are you being sued for? $4921.95 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A. (Sears) 5. How do you know you are being sued? (You were served, right?) Served 8/27/16 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I think 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? Sent a letter to RSEIH (representing PRA) in October of 2014 requesting validation - also included the line in there about the arbitration clause. They did not respond. Then in April of this year they sent us a letter saying we could request copies of documentation relating to our account from PRA. We sent a letter to PRA in June (CMRRR- stamped 6/7/2016) requesting the info. RSEIH responded 8/8/16 with a stack of statements from the Sears card, which they said "establish its validity". RSEIH filed the suit 8/16/2016. 9. What state and county do you live in? Texas, Collin County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) September 14, 2012 11. What is the SOL on the debt? 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 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, with all of them 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. Yes - they sent a stack of statements from the Sears card but that was all they sent 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. none
  23. 1. Who is the named plaintiff in the suit? 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. Scott & Associates (Scott & Associates) 3. How much are you being sued for? $2427.17 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No Previous Contact 9. What state and county do you live in? Denton 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) April, 2014 (Don't know exact day, but it is within statue of limitations) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). Answer Due (Already responded, today July 18th, with a General Denial) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not that I can recall. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 14 days + Monday, Answer has already been filed with a response of General Denial. I didn't find this forum until late last night, unfortunately and was out of time. No questionnaire was given. Plaintiff's claim is breach of contract for a Mastercard account. My suit will be attached to the post. 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 given other than the below on the original petition papers: Address, with an incorrect apartment number Last 4 digits of account number Account Opening Date Account Closed Date After browsing cases on these forums it appears that fighting an OC is a lot more difficult than a JDB, but I think I'd like to try at least. I've read a lot of TexasRocker's posts but I'm not quite sure where to go from here. My answer has been filed with the claim of General Denial, and I've sent a copy of it stamped by the Court Clerk, mailed as First Class, Certified, Return Receipt Requested. What is the best route to go when fighting an OC? Should I file a motion for discovery against the Plaintiff? I don't really have any information on this account. The account is no longer showing up on my credit report either, not sure what that means. I appreciate any help that's offered, thanks in advance!!!
  24. 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 status of your case? Suit served, being handled in district court, answer turned in, discovery due I've done a lot of reading on the site and I'm impressed by the help given. I haven't been able to find any info about the double discovery issue of mine. I received two, six-page sets of discovery along with my original petition. The first set looks like it belonged to someone else's petition, but had most of my information pasted in. The three big things it had wrong were: there was no original creditor listed at all; they referenced an owed amount that didn't even closely match the petition in the admissions questions; and the wrong county is used above the verification section. The second, six-page set of discovery has those errors corrected and slightly altered the admissions questions, to tailor them more toward the type of account they're suing me over. I'm hoping this error might help me, but I'm not too optimistic about it. Maybe it's what the courts would consider a bona fide error? I have another month to answer discovery, but I'm not sure if I need to answer both sets. They're both labeled "First Discovery Request". Another thing I'm worried about is that the account the lawsuit references is from Dell Financial Services, and their accounts are supposedly different. They're secured accounts as opposed to unsecured. I don't know if the original answers I've seen, shared by texasrocker, apply to this type of account as DFS might be considered an account that deals in goods directly. I'm not sure.... Also, I think it's odd that DFS was mentioned in the original petition, but not in the discovery as the original creditor. PRA is listed as the original creditor in the second of the two sets of the discovery. Would someone please help me get an answer together?
  25. 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. The Happy ending to my story is I'm almost 3 years clean, Have a good job now, Have a car which I've made on time payments on for just under a year, checking account/savings account, and have started the very long process of trying to dig my way out of the hole I've dug by trying to pay off some of my debts by negotiating settlements with CAs and paying lump sums(best deal I've managed to negotiate so far is $287 of a $787 debt). The bad part is that while I've [aid off a few things I'm still ridiculously deep in debt(If I include student loans which I know I'm never going to be able to ditchI'm probably $40k+ in debt, without student loans It's probably 18-20k). My credit score sucks ****(score is 561 according to experian). The majority of my debt's last date of any pmt was 2011-2012(I think I have 2 cell plans going into collections in 2013/14). I don't want to spend 7 more years dealing with no ability to qualify for a Credit card or get an apartment if I declare bankruptcy(although ironically while my credit history with virtually every other service became toxic, as far as apartment rental history goes I have almost 7 years of good standing/lease fulfilled in that regard) nor do I want to suddenly force the burden of repaying my student loans(have both private and federal ones) onto my parents who co-signed them. From what I've been reading the Debt consolidation services out there seem to not actually help my credit score(although it can't get much worse). I've been offered a secured card through a couple of the companies who I have settled debts with as well as USAA, and I'm thinking about opening up at least one with the hopes that They might help rebuild my score(Idk for sure about the CA settlement one, but I know the USAA one stated if I kept a good pymt history they would eventually change the card into and unsecured one, and whatever amount I initially put up would be put into a CD so I'd receive interest during the 2 years it was my "collateral" for the card. My question is what should I do to resuscitate my credit score? Should I go /w the secured cards to open up additional positive lines of credit, or will they end up not doing anything? Continue trying to contact the various CA's that have contacted me(plenty of the debts I haven't heard a peep from in years but just show up on my CR) and keep trying to negotiating settlements myself and paying them off, or go through one of the Debt consolidators? Just wait everything out for another 3 years and accept that I won't be able to get an apartment by myself? Or do I go /w the nuclear option and hit the bankruptcy button? If y'all need to move this topic somewhere else that's fine, I wasn't really sure where it fit best, but figured since I'm focusing on repairing my credit worthiness this thread might be best. Thanks in advance to anyone who can help! Just to summarize: Current Age:31 Current state of residence: TX Debts:40k+(16-20k student loans, 18-20k credit cards/medical/other) Credit score(561) Employed full time, has checking account, savings, Direct deposit, active vehicle loan /insurance /w current pmt history