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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:
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- texas debt collection law
- dallas county
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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
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- debt
- midland funding
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Alright so I had a judgement entered against me today. I went in confident and hoping that I was gonna walk out a winner but that didn't happen. The PRA attorney asked to speak with me before hand. He took me into a room and said he was going to settle with me. I stated I was not interested in settling and was going to ask for a motion to compel private contractual arbitration. We went in front of the Judge and I asked for the arbitration per my credit card agreement. Showed him my copy of the agreement but he didn't even look at it. Judge looks at me confused and asked me if I knew who
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dallas Court date coming up on Monday--PRA--Dallas County--Texas
breturbo posted a topic in Arbitration
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-
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1. Who is the named plaintiff in the suit? Capital One Bank USA, NA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moss Law Firm Lubbock TX 3. How much are you being sued for? 3500 ( credit card limit was $3000) 4. Who is the original creditor? (if not the Plaintiff) Capital one 5. How do you know you are being sued? (You were served, right?) served with original petition 6. How were you served? (Mail, In person, Notice on door) left it door ( no
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- mosslawfirm
- capital one
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