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Found 87 results

  1. Hello. I hope I am in the right forum. I am currently unemployed and I REALLY need some help regarding my issue. I am currently located in Dallas, TX (Dallas County). I received two letters in the mail today from two local attorneys. The first letter is from Rausch Sturm and the second letter is from Heston Law Firm LLC. The letter from Rausch Sturm has my name, the Creditor (Portfolio Recovery Associates), case# filed with the Dallas Co. court (precinct 1), account balance ($2,954.47) and account #. The letter from RS is dated September 16, 2019. Briefly, the letter says: "Dear <my name>: If you have any concerns regarding the resolution of your account, please let us know by calling......We want to understand your situation and work with you to agree on a reasonable payment arrangement to resolve your account." The back of the letter has the firm's contact info and the amounts needed to setup a payment arrangement. The letter from Rausch Sturm has my name, a Case # filed with the Dallas Co. court (precinct 1), account balance and account #. The letter is dated September 16, 2019. The second letter from Heston states the following: "We learned from the Dallas County Clerk's office that Portfolio Recovery Associates LLC filed a lawsuit against you on 8/26/2019 for an unpaid debt. We want to help you with the lawsuit. Over 95% of our clients never appear in court......" I called the court this morning and a lawsuit was filed, but I cannot see it online. I logged into credit karma and the original creditor is Comenity Bank, account may have been opened around 2014/2015. The statue of limitations in Texas is 4 years. As of right now, I have not been served. I didn't know a lawsuit was filed in the court until today. I have no info regarding a court date or any other court details. Should I seek free legal aid regarding this issue? As stated, I am currently unemployed and looking for a job. There's an option for a low monthly payment plan in the letter, but funds are VERY tight right now. I would hate to have to borrow money from family members because they have their financial obligations also. But, I haven't been served yet so I wanted to be proactive and figure out what my options are at this point. Any assistance would be helpful. ,
  2. Hello everyone, I am from Texas. I will ask my questions first and give you specifics further on. Is it unlawful for PRA to sue me over the same alleged debt over and over again even if they don't have all documentation and have no real intent to win? Isn't this act alone a violation of the FCDPA? Does PRA suppose to delete the tradeline of the alleged debt from all credit reporting agencies (CRA) after they loose each suite, but they don't? What is my recourse if any? Specifics.... Lawsuite #1 brought by PRA. 1. Plaintiff's (PRA) representatives, Rausch Sturm. 2. Alleged debt $3,400+ from CitiBank card. 3. Venue and service was correct. 4. My answer was sent timely and proper. 5. Sent amendments to my answer properly 6. I sent a Motion for Pretrial Conference (MFPC) and was granted. Date set for conference. 7. I show up for conference, PRA is a no show 8. Trial date set. 9. PRA sends Motion for Continuance (MFC) and is granted. 10. Trial date set again. 11. I show up for trial, PRA is a no show 12. JP is perturbed at PRA because he just received a 2nd MFC from them 2 days before trial date. 13. He denies their MFC and rules in my favor, Dismissed for Want of Prosecution. 14. I won Lawsuite #2 brought by PRA 1. PRA's representatives are Rausch Sturm 2. Alleged debt $3,400+ from CitiBank card, same debt as before. 3. Venue and service was correct 4. My answer was timely and proper 5. Trial date set. 6. PRA submits a MFC and was granted (sounds familiar) 7. Trial date reset 8. I show up for trial, a local representative that was hired that morning by PRA and she shows up, out of breath and obviously unprepared. 9. I questioned her credentials and if she was a lawful representative for the plaintiff. The JP verified her credentials. 10. She called me out of court to discuss if I wanted to admit to the debt, etc. I said no. She said she had proof of the debt in her briefcase. I told her that this "proof" was a surprise, I object to it, and it better be accompanied by proper Chain of Custody and affidavits from each record keeper involved. 11. She got up directly and walked back into court, with a scowl on her face. 12. She immediately told the JP that she had no doubt I owed the debt, but due to her client lacking proper documentation and proof that they move for a Non-Suite at this time. So by her own motion her "lack of doubts" became completely irrelevant. 13. I won again 14. When I get home, I received a copy of a 2nd MFC that evidently was filed too late by PRA. I am a practical person. If someone, especially a large law firm, were to sue someone they would be prepared and have every little bit of proof and documentation at the ready. Rausch and Sturm and PRA are unprofessional, abusive with no intention of showing proof and documentation for their suite, and just plain buffoons. I don't think their cornbread ain't done in the middle. Even though they loose cases they will still keep their tradelines on your credit reports even if a judge rules against them or they choose not to prosecute (non-suite). I am sure they will do this again. Thank you and God bless from Texas.
  3. HELP! I'M BEING SUED 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm? Moss Law Firm, P.C., Lubbock, TX 3. How much are you being sued for? $3,300 + plus court costs 4. Who is the original creditor? Capital One Bank 5. How do you know you are being sued? Served in person 6. How were you served? 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? Received a Demand Letter from Moss Law firm about 9/18/2018. They received my Dispute letter on 10/6/2018 then I got sued. 9. What state and county do you live sued? Texas, Angelina County 10. When is the last time you paid on this account? They say September 2017 11. When did you open the account? 2013 12. What is the SOL on the debt? 4 years 13. What is the status of your case? I was served, answered with a detailed denial, given court date, plaintiff filed and was approved continuance of 60 days (signed by judge 4/30/2019), plaintiff submitted invoices and affidavit, I sent motion to strike evidence/affidavit, my motion is denied. No court date set yet. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? Yes 15. Did you request debt validation before the suit was filed? Yes 16. How long do you have to respond to the suit? Already did 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. . They submitted a past due statement (dated 2/11/2018) from Capital One with the summons. On my credit reports the account lists it is closed, charged-off, and I owe a balance that is $120 more than I am being sued for. I maybe "judgement proof". I am a disabled vet, I am on SSA disability as well. Paying on homestead (10 acres, rural home). I am a pro se litigant and not a law expert. Please look and see if I have any dogs in the fight or is my goose cooked well done. Thanks in advance and God bless.
  4. I was sued by Portfolio Recovery Associates LLC (OC was PayPal Synchrony), had court last week, and it ended really bad. I got a continuance for 90 days and will be going back in November, and I would really appreciate any help/advice I can get. So a little background story, I did not open this card, 2016 a relative stayed with me and basically opened a lot of stuff under my name, I tried paying some of it but I couldn't keep up and due to stress (I was in last semester of college - graduation, working full time, two kids, and also getting married the same year - then got my hours cut and wasn't able to find a job in my field) I just stopped paying everything. Once I found out I was sued, I was recommended to this forum and after looking at the different options, I decided to go the arbitration route. For months I searched around to try to learn as much as I could, reading @fisthardcheese's Arbitration post and searched around for other's post regarding arbitration in Texas, hoping to have everything covered but I still messed up. I really wish I had originally created a post and loaded all my documents to get it reviewed by everyone here. I sent an answer of denial and requesting arbitration within the time frame and mailed a copy of the letter to the lawyer. I received notice for date of trial and the lawyer had contacted me asking if I would negotiate but I read it was best to not reply. So for the next few months I worked on my MTC based off of those that loaded theirs here. A month before the trail I sent the MTC, Signed Affidavit, Proposed Order, and the original CC agreement to the court and I also sent the lawyer a copy of everything (everything I sent them was by certified mail). I checked the court's website and there was a comment next to my MTC saying "To be heard before trial - Defendant's Motion to Compel Private/Contractural Arbitration and to Stay Proceedings Pending Arbitration". So.. I went to court, and I did check with the clerk first regrading the "heard before trial" and she told me it just means he will ask me about it before we start the trial? So I waited, and he calls me up, they proceeded like normal, he asked the lawyer first, then he turns to me and ask if it was my account. That was when I told him I actually sent a MTC, he looked confused and looks at his computer and asked me if I had the contract that states arbitration as an option. I brought all the paperwork with me so I gave him the copy of the CC agreement I had sent in, he took a look at it and told me this is not valid and asked me why did I give him a copy of a credit card application. I was confused, I didn't remember reading about anyone running into this issue here. I told him I took it off the website (I could not remember what it was called) that had a database of the CC agreement based on the date they sent me. He started telling me that this was null and void because it was not signed and that I could have given him just any random contract. I was stunned and scared not sure what I can say and can't that wouldn't end up hurting me so I stayed quiet. He asked if the lawyer had any paperwork or the contract and I saw her hand over a copy which was very similar to mines, and not signed. He questioned that and she said it was an online application. He turned to me and told me that it did not even look like the one I sent him. I told him I got the copy based off the date the debt claim claimed I opened the account. THIS is where I messed up, I printed the wrong credit card agreement. Apparently I printed the March 2016 CC agreement, but it stated I opened it in May 2016. He then proceeded to ask the lawyer if she had any evidence, and she provided him the bill of sale, and a ton of statements. He showed me one where there was a payment and told me well it shows there were payments here, its yours, do you want to look through them? I told him yes, and I went through all the statements and saw that it was opened for less then a year and used within three months before there were no more charges to it. So I saw charges for California and I don't know why I panicked and told the lawyer I don't believe this is mine. I recall having a paypal but I didn't think it was this and I asked if she had copies of the payment sent. She was really nice... she told me that the account was open for a short period of time so she could send me forms to start a fraudulent process and find out of it is mine or not. So we both went up to the judge and she asked for a 90 days continuance and she let me keep all the paperwork she brought. After some digging on my part, I believe the account is mine. I have not filled out the paperwork she sent over to start the fraudulent process. I'm not even sure where to go from here... is arbitration even still an option? I did notice the copy of the contract she brought, she highlighted "2. We will not require you to arbitrate: (1) any individual case in small claims court". I did remember reading how Texas no longer has small claims and it's now done through Justice of the Peace, but at this point I'm sure the judge will probably tell me it's the same thing. Should I just call and try to negotiate??? I am really sorry about the super long post. I really messed up my case and I am so lost right now... any advice is greatly appreciated! Thank you! <3
  5. I'm not sure how much detail is required so please bear with me. 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, Attorney for Midland Funding, LLC, Houston TX 3. How much are you being sued for? $8,708.64 4. Who is the original creditor? (if not the Plaintiff) JCPenney/Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Yes. I was served. 6. How were you served? (Mail, In person, Notice on door) I came home to the document taped to my front door. I also had a copy in my mailbox. 7. Was the service legal as required by your state? Yes. It appears that I was served legally. 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? Smith 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) They say June 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2016 12. What is the SOL on the debt?: 4 years 13. What is the status of your case? I was served on 06/11/2019, I filed an answer with the court on 06/24/2019 (general denial) and I claimed the arbitration and award affirmative defense. At that time I was given a hearing date of 08/26/2019. Today, 07/09/2019, I filed a Motion to Compel Arbitration and a sworn affidavit with the Synchrony credit card agreement attached highlighting the arbitration clause. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? I had until June 25th, 2019 and I filed an answer on June 24th, 2019 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Stephanie Bruemmer relating to damages and business records Copies of credit card statements dated June 30th 2017, November 30th 2017 and December 29th 2017 Bill of Sale Midland (ENFS)-PLCC Fresh-January 2018 Purchase Price Reconciliation/Funding Instructions (Forward Flow Accounts Purchase Agreement) Certificate of Conformity Under NYS CLS CPLR § 2309(c) and NYS CLS RPL § 299-a When I went to file my MTC Arbitration with the Justice Court today, the clerk very haughtily informed me that I would have to hire an attorney to compel arbitration. She stated that I could not do that on my own. She then asked me if I actually read the arbitration clause and I affirmed that I had. The clause that she was referencing is under the subheading: How to start an arbitration, and the arbitration process: paragraph 3, which states, "The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control." My understanding, after reading the clause, is that I DO NOT have to hire an attorney to compel arbitration. It states that arbitration administrator ( AAA or JAMS) will appoint the arbitrator and that one of the stipulations is that the arbitrator has to have ten years of legal experience. Am I wrong about this? The clerk filed my motion but did not set a hearing date and emphatically insisted that, "we just don't do that here!" I have attached a copy of the arbitration clause in full. Please help. Any information is greatly appreciated! Thank you!
  6. @texasrocker Please HELP!!! I was sued a few days ago by TD Bank, but there was not enough information provided in the complaint to identify the debt owed. In addition to providing a response to the court, the plaintiff (TD Bank) is requesting first discoveries including production, disclosure, admission, interrogatories. I have no idea how to respond to these??? 1. Who is the named plaintiff in the suit? TD Bank, USA 2. What is the name of the law firm handling the suit? Rausch Sturm; Attorney is Jesse Lockhart 3. How much are you being sued for? $1,048.74 4. Who is the original creditor? If not the plaintiff? TD Bank, USA 5. How do you know you are being sued? I was served on 5/22/19 6. How were you served? At home around 4:30 p.m. 7. Was the service legal as required by your state? I think so, she asked if I was the person listed on document. And then asked me to read the first line at the top, before she walked away. 8. What was your correspondence with the people suing you before you think you were sued? No correspondence with TD Bank prior to the lawsuit 9. What state and county do you live in? Texas, Wichita County 10. When is the last time you paid your account? According to the petition, my last payment was made in February 2019, but I am unsure of what the debt is actually for. I have never heard of TD Bank prior to being served papers. 11. When did you open the account? Allegedly, June 2016. 12. What is the SOL on the debt? 4 years in Texas, but I am not 100% certain what the debt is... 13. What is the status of the case? Filed 5/10/2019 14. Have you disputed the debt with the credit bureaus? No, I was unaware of the debt 15. Did you request debt validation before the lawsuit was filed? No 16. How long do you have to respond? The Monday that follows 20 days from the citation’s date of service 17. What evidence was provided with the summons? The only information that they gave me was TD Bank, amount owed, when account was opened, and the alleged date of last payment. In my initial post, I included information about an account that I assumed the lawsuit was in reference to. After reviewing the information on the petition further, I am unable to verify that I am responsible for this debt.
  7. I am in a mess and need help please. I am a single grandmother and I've had posession of my grandchild for over a year now. She is six, nonverbal and autistic. For the past few months I have been persuing custody of my grandchild due to her parents drug addiction. I don't have the money for a lawyer and CPS dumped everything in my lap to handle alone and told me to file for custody so without any help I am attacking this pro se. This is my grandbaby and I am doing what I have to do for her. That being said this is a horrible time to be sued, not that there is ever a good time. I was served on 02/22/19 and I am terrified to be dealing with two seperate court cases pro se at the same time. I have read the forums for many hours the past couple of days and it seems the more I read, the more confused I get. I would greatly appreciate any help and advice I can get. I know already that I am judgement proof in Texas due to my income being Social Security Disability and SSI. I live off less than 800.00 a month and I don't have money for legal fees. I know PRA could care less about my situation but this is the best place I have found on the internet for help. Thank you for even taking the time to read this. 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 (Attorney listed is Jesse Dow Lockhart) 3. How much are you being sued for? 7251.80 plus court cost, interest, and attorney's fees. 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 at Residence 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? Rains 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) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? October 2015 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? 14 days (March 8, 2019) I'm not sure since it was after 5 pm on Friday if I would have until the following Monday. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO 17. What evidence did they send with the summons? None. Served with Original Petition only. 18. How did you find out about this site? Internet search.
  8. Hello all. A little stressed here... I was wondering if I could get some help with this. I've been reading a tons of helpful stuff here but I can't seem to but A to B just yet. I have just a few days to file my answer but I want to make sure it's correct. I cannot afford an attorney at this time. **teardrops** 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Not Listed. Prior letter stated Scott, Parnell & Associates PC 3. How much are you being sued for? About 5k. Previous Credit Report states an amount from Original Creditor that fluctuates, dates are incorrect from was filed with court. 4. Who is the original creditor? (if not the Plaintiff) CreditOne Financial Solutions (same company?) 5. How do you know you are being sued? (You were served, right?) Served at Home - Last Week 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.Upon motion supported by affidavit stating the location of the defendant's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service (1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit. (Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.)There's a blank Officer's Return attached. I don't remember signing anything and there's no date of delivery listed on the copy. 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 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nov, 2011 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). Not sure. Nothing came up on an initial search. 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? No questionnaire, just one sheet stating a citation, another Officer's Return (blank) and a case form. Plaintiff's claim is for Breach of Contract, Money had and Received, and for Account Stated and/or Open Account. The claim arises from a Credit Account entered into by Defendant with COFS, LLC, Account # XXXXX5555 (the Account). Plaintiff is the owner and holder of the Account. The Account is in default and Plaintiff sues for all amounts owing. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. At. All. ~ Thank you for your help!
  9. This was given to me by a Justice of the Peace. 2009 updated information. Texas State Texas Justice Court Training Center Self-Represented Litigants https://www.tjctc.org/SRL Self-Help Legal Information Packet: When a Debt Claim Case Has Been Filed Against You. https://www.tjctc.org/SRL/debt-claim.html Information Packet – Click here for information on how to proceed if you have been sued in a debt claim case. Debt Claim Forms Answer Form - Use this form to respond to the lawsuit. Subpoena Request - This form is to request the court to order a witness to come to court for your case. Motion to Transfer - Use this form to request the court to move the case to a different location. Motion for New Trial - Use this form if you want to request a new trial because justice was not done in your first trial. Motion to Set Aside Default Judgment - Use this form if a judgment was issued against you while you weren’t present to request the court to hear the case over. Appeal Bond - Use this form if you wish to appeal your case to a higher court after your trial. Statement of Inability - Fill out this form if you are unable to afford court fees or an appeal bond. Texas Self-Help Legal Information Packet When a Debt Claim Has Been Filed Against You.pdf
  10. Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc. They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did. How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use it .I need to turn it in asap and how should I handle this,, any thoughts or assistance? If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Portfolio Recovery a&#036;&#036; 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,290.05 4. Who is the original creditor? (if not the Plaintiff) Synchonry Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? 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,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2017 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). None. 16. 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 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None just their 3 pages of petition and the original and copy of serve document. 18. How did you find out about this site? Google 18. Read these two links:
  11. Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit. I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences. I really do not have any knowledge in business law so please bare with me if I ask too many questions. Steps Completed. 1. Answer Submitted 2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney, If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 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.) County Court 3. How much are you being sued for? 1,600+ more or less 4. Who is the original creditor? (if not the Plaintiff) Commenity Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? 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,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jun 2016 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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). I already submitted answer should arrived by Certified mail to Midland Today 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I submitted Answer but that is it so far. 16. 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 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry. 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  12. Hi guys, please check my original post I have answered the questions regarding the lawsuit I am currently facing. I already submitted an answer to court and I did sent it off to midland attorney via certified mail. I have until Monday to finish up. I believe I need to attach a discovery document, can someone help me create a template I can use. All of this is taking place here in TX. I am new to this process and I really do not know the steps I should take. If someone can assist me and guide I would greatly appreciate it. I would like to get ready for the next step as well what should I prepare and expect.
  13. 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.
  14. hello everyone. I am currently searching examples of discoveries to send to plaintiff on behalf of defendant. after reading plenty of posts, I have a good set of questions for them however I am not sure the format for this request. request is for portfolio discovery / rausch sturm in Texas. I would appreciate the help. thank you in advance.
  15. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Wold rather not say. It is a well known JDB attorney for CACH in Texas. 3. How much are you being sued for? $10k+ 4. Who is the original creditor? (if not the Plaintiff) Web Bank (Lending Club) 5. How do you know you are being sued? (You were served, right?) Served at my home 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? They sent several letters. I did not respond. 9. What state and county do you live in? Travis County, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It is just within the SOL based on the alleged last payment. 11. What is the SOL on the debt? To find out: 4 Years (Texas) 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, Discovery on both sides delivered. I have answered discovery and the suit with a general denial 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Nope 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. Nope 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 responded within the required time with a general denial. I did not use any affirmative defense. --------------------------------------------------------------------------------------------------------------- I am well on my way and have been reading as much as possible. The original petition was properly filed with a breach of contract claim. All that was included in the petition was a T&L statement. No contract. No account statements, no proof of ownership. The alleged loan is from Lending Club (WebBank) Plaintiff included a boilerplate discovery request with their complaint which I responded to within the required time. My response generally denied everything, punting the requirement back to them to prove their case based upon all the great information on this site. After filing my general denial I immediately sent the Plaintiff a Discovery request for Disclosure and Production. Essentially asking very specific requests for a contract, account info., 190.2 disclosures, 194.2 disclosures, chain of title, warranties, etc. It is now 9 days past the required 30 day response time for the Plaintiff to respond to my Discovery request and they have not responded in any way. My request is recorded with the court and I have a receipt for the registered mail delivery. I was planning on sending a request for admissions and interrogatory to bolster my case based upon the documents they produced but I am now leaning to letting it ride to see what they do. The Texas statue states they cannot introduce any evidence not produced in Discovery. Is this correct? I don't want to poke the Bear but also don't want to miss something. I am on top of the court filings so I will not miss anything. But essentially radio silence from the Plaintiff. Should I just wait at this point? L
  16. I am trying to help my son who is being sued by Capital One for credit card debt. I really wish I had found you sooner but maybe there is still time to do something, I am hoping you can help. We issued a general denial and I was going to challenge jurisdiction so I was looking for some information for that when I happened upon this website and saw the, DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS provided to Htown, oddly enough 3 years ago today. I read it over and it looked like just what I need except the plea to the jurisdiction is addressing a debt collector and not the original creditor. The suit was brought by debt collecting lawyers who claim that Capital One is the plaintiff. I am pretty sure that the law firm is actually the plaintiff but I have no proof of that. I asked that they prove they have authorization from Capital One but all we got was a copy of their bond. After I sent the general denial they asked for a continuance to the trial, it was postponed from June 26 to August 22, maybe. I say maybe because we have never received a notification from the court on when the date actually is, I called down there last week and the clerk lady said it was going to be on the 21st but the judge couldn't be there so they were going to change it to the 22nd. It seems to me they would be required to give us a definite date before now, it is not but about a week away now and still no official notification. She said she was going to send the notices out but as of Saturday's (8/12/2017) mail we still had nothing. The Texas rules of Civil Procedure 503.3 says they are supposed to give 45 days notice of trial date, but that doesn't mention a postponed trial, but still it seems like we should get more than a week of official written notice. A week or so ago the law firm sent an affidavit from the accounting dept at Capital One as evidence and then Friday they sent a motion for summary judgement with another affidavit from another accounting person. I was going to just send the special exception part of your brief as they are basing their argument on the account stated. I was wondering if you had anything for the jurisdiction if the original creditor is listed as the plaintiff? Is there any way to prove the law firm bought the debt and is collecting for themselves? Any help would be greatly appreciated. I know this is short notice, again I wish I had found you sooner. I was going to challenge jurisdiction based on the fact that there is no valid contract due to the deceptive methods used to coerce my then 18yr old son into contracting with them. Any help would be greatly appreciated.
  17. I am currently waiting to be served by Midland Funding. I consulted with an attorney who said Midland will probably settle for about 25% is this something I should try to handle myself. I will be out of a total of $1500 with lawyer fees and settling. Has anyone gotten their case dismissed in TX and if so what did you do. Thanks
  18. Scotw1T

    Scotw1T

    I was served papers yesterday that I was being sued. I am not the most literate person and I need help.
  19. Hello, I'm new here. Short story to explain what I am wondering. I've been out of work, need back surgery, 59 yr old female, zero income. Husband lost his good 16 yr. High paying job. Now he works hard labor at $11 hour. We own one paid off house, one van that will pay off in Sept 2018. Once our income went to hades, we were only able to pay utilities and eat(also joined a food bank. ). It's bad, real bad. All of our unsecured credit accounts went sour. We both owe 3 or 4 to Midland and some other creditors. Midland/MCM put a judgment againt me and we have several others too. I'm on oxygen too(as needed)so going downtown to fight creditors was impossible, I cant afford portable O2, no insurance, no $ for deductable either. My home is paid off and hudband gets his payroll onto a debit card. We don't care if creditors lein on the house as we plan to die here and not sell. I understand Texas is great at protections for debtors but I am wondering... Will the creditors still send a Sheriff out to take things? Will they let me know in advance? Will they come at night? The furnishings I have are crappy, garage sale bought stuff. I have sold everything off over the past 3 years to pay for doctor bills and medicines for my back. If a sheriff can come, how do I claim the few things I would like to claim as heirloom? I also have a pistol from my deceased Dad i would like to keep. Does the sherrif bring a truck and load it? I and my husband can not move boxes or dig through closets anymore. The van sidevand back doors do not open anymore, broken. What can I expect? We never could do anything to defend ourselves. We might try bankruptsy in a few months but even that is hard to budget. Thanks if anyone can tell me the worst to possibly happen, so we can mentally prepare for any hammers to fall on us. Mrs. JoL Forgot to add one more question, please: Midland sent a bland unmarked envelope, didnt even show their address, so it got put on the table, just found it today. It is some questions about jobs, banks, ect, is this a legal discovery letter? Am i forced to answer it? I was thinking it was just bs mail since it did not come certified. I thought it had to be signed for to be legal in Texas.What if I ignore it?
  20. I need some help with this, I received a civil citation from Midland Funding on January 17,2018, I filed an Answer stating I did not have any knowledge of the information in the citation, on the 31st. One issue is it is in the wrong Precinct. it has a statement on the debt owed, an Affidavit from Mary Pikkaraine relating to business records and 4 statements. What do I do next...file to have it moved to the right Precinct or an Amended Answer asking for Original Contract? Also Synchrony Bank has an Arbitration Clause do request that? 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.) Scott & Associates, PC-Carrollton, Texas 3. How much are you being sued for? < $2608.59 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I was served at my home. 6. How were you served? (Mail, In person, Notice on door) In person, at my home. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Based on what I read there, yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I am not sure if I received anything from them, but I have not personally spoke to anyone. 9. What state and county do you live in? Texas, Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Statement in paperwork 6/2015 also states charge off 12/15 11. What is the SOL on the debt? 4 yrs 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). suit served, filed answer, will have to call court 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? Had 14 days, filed generic answer charges are debt collection 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. - Original Petition - Affidavit of a "Legal Specialist" - 4 Account Statements
  21. 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
  22. My father recently received a Citation for the Debt Claim Case in Texas. I was wondering, if someone can help with the response for it. Please let me know, what information you need I can provide. I appreciate your help and response Thanks 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Raush, Strum, Israel, Enderson & Hornik LLC 3. How much are you being sued for? $7000/- 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served by Sheriff's Dept to my son 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 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None (I may have called before becoming delinquent, to request payment assistance or arrangement. No correspondence once account became delinquent. 9. What state and county do you live in? Texas, Harris County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2016 11. What is the SOL on the debt? To find out: 4 years in TX 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 filed in Justice court for Harris County, case number provided on summons 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 (currently at day 9th day) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Following is excerpt from the petition PLAINTIFF'S ORIGINAL PETITION A. Parties 1. The address for Plaintiff, Discover Bank c/o Discover Products Inc., is 6500 New Albany Road, New Albany, OH 43054. 2. Defendant, XXX maybe served with process at XXX, or at such other place as the Defendant may be found. 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 October XXX, 2000, Defendant(s) opened a credit account with Discover Bank in the Defendant's(s') name under its account number ending in XXX. Defendant(s) used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiffs records indicate Defendant's(s') last payment on the account occurred on July XXX, 2016. Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about February XX, 2017. 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 $XXX. 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 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. Account Stated 10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Plaintiff and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Plaintiff and Defendant(s) which established the amount due to Plaintiff, and (3) the Defendant(s) promised to pay the Plaintiff on the indebtedness. F. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $XXX, which is within the jurisdictional limits of this coutt. G. Conditions Precedent 12. All conditions precedent to Plaintiffs claim for relief have 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. Plaintiffs’ attorneys are debt collectors. I. Prayer 14. For these reasons, Plaintiff asks that the court issue 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 $XXX. b. Court costs. C. All other relief to which Plaintiff is entitled.
  23. Hello all: Looking for some advice on how to proceed next. Last August we were served with a lawsuit from Portfolio Recovery Associates on an old debt that was 1 month away from expiring SOL - so they got it in just in time. We answered the suit and also made the request to the court to conduct discovery. We never heard back from the court - on anything. I would periodically check the Collin County website and nothing was happening. All of a sudden we got a notice in the mail that we had a trial date set. Went to the courthouse to find out what happened with the discovery request. Long story short - it got lost in some shuffle somehow, somewhere and the judge never saw it. The people at the court assured my husband that at the date that was set for trial that it would turn into a motion hearing so that we could conduct discovery. Husband goes for the motion hearing - PRA attorney hands over a few statements and the judge says "there is your discovery". Judge says "we can go through this whole thing but you will end up paying this and the attorney fees." He was agitated that the mistake happened but didn't seem to care about it. He also noted that PRA is very aggressive. Nothing is updated yet on the website as far as what will happen yet - but the judge told my husband to negotiate with PRA - said we could fight it but that they will win. I am so lost - we did what we thought we were supposed to do and because someone dropped the ball at the court, we are in a bad position. It sounds like this judge sides with creditors instead of debtors. What should we do at this point? If we settle with them, what is a reasonable settlement? Husband heard the attorney talking about needing special authorization for 50% on original debt. Is there any further recourse we can have with the court? Any/all advice would be greatly appreciated! Thanks much.
  24. I received a packet from Midland Funding LLC with the first page basically the judge granted them permission to serve me though the mail. That was signed on 6/27/2017. The citation is attached and says it was filed 5/1/2017 and had 14 days to respond. I didn't receive it until 7/26/2017 because it was forwarded from my old address to my new one. I also have an affidavit relating to damages and business records from Midland. In that my account number is covered; not sure if that matters, and it says when the account was charged off 2-26-2015 and when Barclays bank sold it to Midland 9-30-2016 and that as of 3-6-2017 nothing has been paid off. Along with those documents they also have a bank statement copy from Barclaycard (Again, account number is covered and my address) of the month I stopped paying; August 2014 and a copy of the bank statement from March 2015 that included all the late fees and monthly charges. The debt is $2,955.93. I know the debt is mine, how would I respond to it with each paragraph? Do I admit to every paragraph? I've included copies. I really rather they just take my income tax next year because I usually use it to pay off smaller bills like other credit cards and medical bills.