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  1. Okay, below is my situation. Any advice provided would be greatly appreciated! Thank you in advance. 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? Raush, Sturm, Israel, Enerson & Hornik LLC 3. How much are you being sued for? A little over $5000. 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? Served 6. How were you served? (Mail, in person, Notice on door) In person on 11/19/16 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? Texas, Dallas County 10. When is the last time you paid on this account? June 2015 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit filed/served 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? Did you receive any interrogatory (questionnaire) regarding the lawsuit? 14 days; I received no questionnaire or any other documentation was attached. 16. What evidence did they send with the summons? None. Plaintiff's Original Petition Court document showing Plaintiff and Defendant names stating that I’m being sued and that I have 14 days to file a written answer to the court; along with the name and address of the Plaintiff’s Attorney. Signed by Justice of the Peace. Stamped on October 26, 2016. A. Parties 1. Indicates plaintiff and address 2. Indicates my name and address 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 September 2013, Defendant(s) opened a credit card account with SYNCHRONY BANK (DEPARTMENT STORE NAME) in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on June 2015. Defendant defaulted on the obligation to make monthly payments on the credit account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about November 2015. On or about December 2015 SYNCHRONY BANK (DEPARTMENT STORE NAME) assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of the Defendant's account and the proper party to bring this lawsuit. 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 $5000. 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 ay 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 Original Creditor and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant(s) which established the amount due to the Original Creditor, and (3) the Defendant(s) promised to pay the Original Creditor on the indebtedness. F. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $8,086.62, which is within the jurisdictional limits of this court. G. Conditions Precedent 12. All conditions precedent to Plaintiff’s claim for relief has 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. Plaintiff’s attorneys are debt collectors. I. Prayer 14. For these reasons, Plaintiff asks that the court issue a 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 $5000. b. Court costs c. All other relief to which Plaintiff is entitled.
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