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  1. Please Help, Suit filed by Portfolio Recovery Asignee of Citibank NA The Home Depot Filed as Civil Citation in Justice Court - State of Texas Amount of suit is just under $2,000.00 Count One is for Breach of Contract which states that the issuance of a card constitutes the offer of a contract. Defendant accepted by using and / or authorizing use. Issuer performed obligations by reimbursing. Defendant breached contract by defaulting on the payment, violating the aforementioned "written contract" Count Two is account stated. This was a credit card. Can account stated be used on a credit card? Count two states Plaintiff is entitled to recover because transactions between plaintiff and defendant gave rise to an indebtedness, there existed an agreement between the plaintiff and defendant which established the amount due to plaintiff, and the defendant promised to pay the indebtedness. Prayer requests response and appearance resulting in judgement for damages, just under 2k, court costs, and all other relief entitled. The affidavit states that the custodian for Portfolio is - Competent to testify in the matters contained herein - An authorized employee of PRA, and is familiar with the policies and practices, as well as the books and records of ACCOUNT ASSIGNEE with respect to the matters stated herein. The affidavit is based on their personal knowledge of ACCOUNT ASSIGNEE'S RECORD KEEPING SYSTEM and their review of the business records of the original creditor, including a review of the business records transferred to account asignee. - According to the business records, the account and all proceeds are now owned by ACCOUNT ASSIGNEE, having been sold, transferred and assigned by the seller on (xx/xx/2013). Affidavit states all power and authority has been assigned to account assignee. - According to records transferred, defendant breached terms of the account in the amount of $x,xxx.xx with respect to account ending in xxxx as of xx/xx/2012. - Affidavit states amount due, once again. - Affirms defendant is not a minor or service member. Signed and Notarized Bill of Sale is included, which makes no mention of account number, original creditor, plaintiff, and date of sale does not coincide with date on affidavit. Only one account statement is included, with account number blacked out, other than last 4 of card. Statement does not list any payment, last payment, etc. Only information is the "New Balance," which is the amount being pursued. One page of statement includes generic verbiage regarding account. No information that would indicate how balance was accrued, interest rate changes, last payment, or any payment, etc. Paperwork is very ambigous. Any assistance is greatly appreciated. I am looking for assistance regarding a proper response. Do I need to request permission to request discovery? How should I respond? Is it possible for breach of contract and Account stated? This is a credit card account. Should I bring into question SOL? Also, should I question custodians knowledge of original creditors policies and procedures, as well as their personal knowledge of account and history of how interest was calculated? Do I bring into question their mention of this being an "Account Stated?" as well as the mention of a "Written Contract?" Furthermore, Can I use defense that Sale date on affidavit does not coincide with "Bill of Sale" that was included. The bill of sale, as stated above, makes no mention of any personal information in regards to the account, original creditor, defendant, amount, etc. Sorry for the information being a bit scrambled. I am attempting to include all that seems relevant without posting verbatim, and am rushing through this as I have 14 days to respond, and only discovered this website yesterday. Any help, again, is greatly appreciated, and I can provide addtl' information as needed. Thank you all in advance, and I look forward to being of assistance in any way I can in the future on this site.
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