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Somewhere In So Cal posted a topic in Is There a Lawyer in the HouseBeing sued by Portfolio Recovery Associates via Hunt & Henriques Law Firm here in Southern California. (Synchrony Bank est. $3500) Things have moved along quickly since initial filing just over a year ago. I am now 2 weeks away from trial. Answered summons and discovery. I sent my own request for discovery/ Request for Documents only a month ago. I'm sure there's plenty I could've done differently. Upside- I have 2 more of these things at early/ discovery stages. So, yay! I can use this experience to potentially help with the others. (Seriously, though. 🙄 ) Back to the matter at hand. I just had a Trial Readiness Conference (Civil) and frankly, I'm in the dark at this point. Session was quick, but I had some questions. Perhaps, I was waiting for the judge to bring them up/ ask about them? • When does the Settlement Conference take place? Because, I'd like to settle. I've sent an offer of 10% twice in writing/ fax. No response. • I'm still waiting for Plaintiff to respond to my Discovery/ Request for Documents. • Neither Plaintiff/ PRA or H&H have been showing up in court. The attorney representing them seems to be a third party lackey that handles numerous cases like this for many clients. I'd really like to know what that guy does and who he is. Shouldn't the Plaintiff/ Attorney be in court for all of this stuff? At the end of the session I was given an Advance Trial Review Order. What's that? Do I need to file it back with the court? I can see the Plaintiff already has. Thank you, #Fumbling in The Dark
I am being sued by Portfolio Recovery in the state of Texas for $1685.58 for a JCPenney credit card. Count 1 is Breach of Contract and Count 2 is Account Stated. I was served today, March 11, 2015 in person. I called the debt collection agency and agreed to set up a payment plan as I do owe this money. I gave them my checking account info and agreed verbally to pay 20% on March 31, 2015, and then the remainder over the next fiscal year to pay the debt in full. The affidavit states that Portfolio Recovery purchased this account in August 2010. My husband is furious with me because he says that I shouldn't have agreed to anything and that there is a statute of limitations that has been passed. My Questions: 1. Should I just continue with the verbal arrangement and sign the papers when they are mailed to me agreeing to pay the debt and proceed to do so? or, 2. What are my other options since I have already contacted the debt collector and made arrangements? 3. The woman I spoke with at the debt collection agency said I did not need to file an answer with the court that it would be taken care of through them. Do I still need to file an answer with the court and if so, what is the process? Any advice would be appreciated.
Back in Aug 2014 i was served with a lawsuit from Portfolio Recovery on a GE credit card that went bad in 2010. At first i panicked, my first thought was to call them and make a payment arrangement. But after speaking with my husband he told me to hold off and do some research. So i sat back for about a week and did some thinking. The first thing i did was file an answer to lawsuit. I simply stated that the Statute of limitation in Texas is 4 years and that this debt is Time barred. I also stated that if they pursued this lawsuit i would file suit against them for violating my fair credit rights. I sent Portfolio a certified copy of my answer and trotted myself down to the courthouse to file it. Shortly after i got a court date in the mail of Nov 7 2014, yep just YESTERDAY. I went to court yesterday prepared to argue my case and guess what. The judge started court promptly at 1.00pm. I was the first case he called "Portfolio vs ME" as i nervously walked to the bench he smiles and says PORTFOLIO DIDN'T SHOW UP SO CASE IS DISMISSED. ENJOY YOUR DAY YOUNG LADY!! Whoooo hooo i could have did a cartwheel out of that courtroom.....lol
I just received a letter from a law firm soliciting their services for a apparent lawsuit filed against me by American Express. I looked up the case number and found it was filed on September 23rd, 2013. Acccording to the letter I must respond in 30 days of the filing but I still not received a summons. There is only seven days left to answer and I have been completely caught upwith payments since August and continuing making payments on time. How do I answer this lawsuit without a summons?