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Hi All, The details of my suit is as follows: 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 3. How much are you being sued for? $3,XXX.XX 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Papers 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? 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, Harris County 10. When is the last time you paid on this account? Not sure. Claimed to be September 2017 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? None I have been reading a bunch on this website and will sending my initial response to the suit by the end of this week hopefully. I have taken the advise of @texasrocker on filing a general denial answer.
Hi Everyone, I have what I hope is a simple question. I have used this forum in the past and have been able to get cases dropped using the recommendations of other users on this site. Well, my wife had a case filed against her by Midland, and we have submitted our answer and a Motion to Compel Arbitration. All seems wonderful, Right? Wrong. We are dealing with a court clerk that is a complete and total P.I.T.A. (Pain In The A..). First she "lost" our answer and it wasn't found until I complained directly to the JP. And now that we have filed a Motion to Compel Arbitration she is stating the we need an Order to file the Motion. I know this can't be right or am I completely lost. How can you have an Order to file a Motion to Compel? This makes no sense. The court clerk emailed me the following on Friday. Your Wife just came in and filed a motion to compel arbitration. First there is not an order attached to this motion and second she did not sign the certificate of the motion. I understand that if my wife didn't sign the motion that it cannot be accepted, but what does the clerk mean by "there is not an order attached to this motion"? Any information on this would be helpful. Thanks
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 fax acceptable if I have a the confirmation page? A little tight to pay for Reg Rtn Rcpt. Any help/guidance would be great. Thanks in advance, RichD