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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. ,
So I had a loss today in court against PRA, Dallas County court. I asked the Judge if I could MTC arbitration but he basically said my card member agreement was null and void because PRA owns the debt and proved so by showing a purchase agreement. I had a copy of the card member agreement with me but he didn't even look at it, already had the arbitration area highlighted for him. I am attaching the docs I got back with my card member agreement as well. Other members say that its possibly because there is a clause in the arbitration saying the debt can be sold, etc etc. I cannot quote that here because this is a different thread. Attached is the thread I originally posted about the loss. Anyone here have some info I what I can do next in this case? I feel I was not given the chance I should have been given.
I have searched but I cannot seem to find out exactly what to do, I am posting this in hopes I can obtain some help on how to proceed. I do not want to wait too long to file an answer. Please Help!! 1. Who is the named plaintiff in the suit? Portfolio Recover Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Atty, Raush Sturm Israel Enerso & Hornick LLC 15660 N Dallas Pkwy Ste 350 Dallas, Tx 75248 3. How much are you being sued for? $ 1123.79 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Lowes) 5. How do you know you are being sued? (You were served, right?) Was Served paperwork stating I was being sued. 6. How were you served? (Mail, In person, Notice on door) In person at my door. 7. Was the service legal as required by your state? I answered the door and received the paperwork 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had no interaction with PRA to my knowledge. 9. What state and county do you live in? Texas, Dallas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 15, 2015 11. What is the SOL on the debt? To find out: 4 years for Texas I believe 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). Cannot seem to find info online and court house is closed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not disputed any of the debt. 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 I did not send a debt validation. 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 must respond within 14 Days. Receive notice on 04/08/16 @ approximately 1800 hrs. (Friday). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing else was sent with the summons. I have attached pics of all that I have received. I am attaching the files of the paperwork I received. I need some help in understanding what I can do.