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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? Rausch, Sturm, Israel, Enerson & Hornik, LLC 4. Who is the original creditor? (if not the Plaintiff) "Account" opened with Dell Financial Services, LLC On the first set of discovery, "the original creditor" left blank. On the second set of discovery, "the original creditor" shall mean Portfolio Recovery Associates, LLC 10. When is the last time you paid on this account? within SOL 12. What is the status of your case? Suit served, being handled in district court, answer turned in, discovery due I've done a lot of reading on the site and I'm impressed by the help given. I haven't been able to find any info about the double discovery issue of mine. I received two, six-page sets of discovery along with my original petition. The first set looks like it belonged to someone else's petition, but had most of my information pasted in. The three big things it had wrong were: there was no original creditor listed at all; they referenced an owed amount that didn't even closely match the petition in the admissions questions; and the wrong county is used above the verification section. The second, six-page set of discovery has those errors corrected and slightly altered the admissions questions, to tailor them more toward the type of account they're suing me over. I'm hoping this error might help me, but I'm not too optimistic about it. Maybe it's what the courts would consider a bona fide error? I have another month to answer discovery, but I'm not sure if I need to answer both sets. They're both labeled "First Discovery Request". Another thing I'm worried about is that the account the lawsuit references is from Dell Financial Services, and their accounts are supposedly different. They're secured accounts as opposed to unsecured. I don't know if the original answers I've seen, shared by texasrocker, apply to this type of account as DFS might be considered an account that deals in goods directly. I'm not sure.... Also, I think it's odd that DFS was mentioned in the original petition, but not in the discovery as the original creditor. PRA is listed as the original creditor in the second of the two sets of the discovery. Would someone please help me get an answer together?
I'm starting this thread as mainly a sanity check and to ask questions. I've dealt with Johnson Mark before, however it was several years ago. In that case the amount was so small that once I answered and started discovery I think they decided it was more trouble than it was worth. In that specific cases I threw the laundry list of Affirmative Defenses at them (23 total) From what I have been reading over the past few days, it sounds like that probably isn't the best way to go. My main concern right now is making sure that I don't hang myself with any affirmative defenses. Thanks in advance for the help. 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark 3. How much are you being sued for? ~$1600.00 4. Who is the original creditor? (if not the Plaintiff) Dell Financial 5. How do you know you are being sued? (You were served, right?) Served in Person 6. How were you served? (Mail, In person, Notice on door) 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? None 9. What state and county do you live in? Utah, Salt Lake 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Possibly April 2010 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). Suit Served. Too early to confirm it has actually been filed. 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? 20 Days from service on 3/21 Will post the full summons below. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
Hi All, I was curious if anyone involved with DFS/Dell Financial Services/CIT has a copy of the Account Agreement. I'd like to take a look at it to strategize for my case. I realize mine may be different but I was hoping to see what may be out there. One of the specifics I am looking for is if it defines what states laws govern the agreement. Thanks