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Found 3 results

  1. I was sued by Portfolio Recovery Associates LLC (OC was PayPal Synchrony), had court last week, and it ended really bad. I got a continuance for 90 days and will be going back in November, and I would really appreciate any help/advice I can get. So a little background story, I did not open this card, 2016 a relative stayed with me and basically opened a lot of stuff under my name, I tried paying some of it but I couldn't keep up and due to stress (I was in last semester of college - graduation, working full time, two kids, and also getting married the same year - then got my hours cut and wasn't able to find a job in my field) I just stopped paying everything. Once I found out I was sued, I was recommended to this forum and after looking at the different options, I decided to go the arbitration route. For months I searched around to try to learn as much as I could, reading @fisthardcheese's Arbitration post and searched around for other's post regarding arbitration in Texas, hoping to have everything covered but I still messed up. I really wish I had originally created a post and loaded all my documents to get it reviewed by everyone here. I sent an answer of denial and requesting arbitration within the time frame and mailed a copy of the letter to the lawyer. I received notice for date of trial and the lawyer had contacted me asking if I would negotiate but I read it was best to not reply. So for the next few months I worked on my MTC based off of those that loaded theirs here. A month before the trail I sent the MTC, Signed Affidavit, Proposed Order, and the original CC agreement to the court and I also sent the lawyer a copy of everything (everything I sent them was by certified mail). I checked the court's website and there was a comment next to my MTC saying "To be heard before trial - Defendant's Motion to Compel Private/Contractural Arbitration and to Stay Proceedings Pending Arbitration". So.. I went to court, and I did check with the clerk first regrading the "heard before trial" and she told me it just means he will ask me about it before we start the trial? So I waited, and he calls me up, they proceeded like normal, he asked the lawyer first, then he turns to me and ask if it was my account. That was when I told him I actually sent a MTC, he looked confused and looks at his computer and asked me if I had the contract that states arbitration as an option. I brought all the paperwork with me so I gave him the copy of the CC agreement I had sent in, he took a look at it and told me this is not valid and asked me why did I give him a copy of a credit card application. I was confused, I didn't remember reading about anyone running into this issue here. I told him I took it off the website (I could not remember what it was called) that had a database of the CC agreement based on the date they sent me. He started telling me that this was null and void because it was not signed and that I could have given him just any random contract. I was stunned and scared not sure what I can say and can't that wouldn't end up hurting me so I stayed quiet. He asked if the lawyer had any paperwork or the contract and I saw her hand over a copy which was very similar to mines, and not signed. He questioned that and she said it was an online application. He turned to me and told me that it did not even look like the one I sent him. I told him I got the copy based off the date the debt claim claimed I opened the account. THIS is where I messed up, I printed the wrong credit card agreement. Apparently I printed the March 2016 CC agreement, but it stated I opened it in May 2016. He then proceeded to ask the lawyer if she had any evidence, and she provided him the bill of sale, and a ton of statements. He showed me one where there was a payment and told me well it shows there were payments here, its yours, do you want to look through them? I told him yes, and I went through all the statements and saw that it was opened for less then a year and used within three months before there were no more charges to it. So I saw charges for California and I don't know why I panicked and told the lawyer I don't believe this is mine. I recall having a paypal but I didn't think it was this and I asked if she had copies of the payment sent. She was really nice... she told me that the account was open for a short period of time so she could send me forms to start a fraudulent process and find out of it is mine or not. So we both went up to the judge and she asked for a 90 days continuance and she let me keep all the paperwork she brought. After some digging on my part, I believe the account is mine. I have not filled out the paperwork she sent over to start the fraudulent process. I'm not even sure where to go from here... is arbitration even still an option? I did notice the copy of the contract she brought, she highlighted "2. We will not require you to arbitrate: (1) any individual case in small claims court". I did remember reading how Texas no longer has small claims and it's now done through Justice of the Peace, but at this point I'm sure the judge will probably tell me it's the same thing. Should I just call and try to negotiate??? I am really sorry about the super long post. I really messed up my case and I am so lost right now... any advice is greatly appreciated! Thank you! <3
  2. 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.
  3. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES LLC ASSIGNEE OF SYNCHRONY BANK( DEPARTMENT STORE NAME) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSH, STURM, ISRAEL, ENERSON & HORNIK LLC 3. How much are you being sued for? $2,500 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK( DEPARTMENT STORE NAME) 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) 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? Texas Montgomery County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2013 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? (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? 14 Days, No questionnaires or any other documents attached other than original petition 16. What evidence did they send with the summons? None Plantiff's original petition: 1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court. Along with the name and address of the Plaintiff (attorney). Signed by the clerk of the court. 2. Then a Petition with a stamp date on it Feb 2016. It shows as follows: A. Parties 1. states plaintiff and address 2. states my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, cost and expenses 4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant 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............. D. Facts 6. On or about month/day/2012, Defendant opened a credit card account with XXXXX 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 Janurary, 2013. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about September, 2013. On or about July, 2014, SYNCHRONY BANK( DEPARTMENT STORE NAME) assigned Defendat';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 on the account is $2500. ( 8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, ad refused to pay 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. Count 1: Breach of contract 10. Plaintiff is entitled to recover for breech of contract. SYNCHRONY BANK( DEPARTMENT STORE NAME) offer and extension of credit to defendant constitute performance and/or tendering of SYNCHRONY BANK( DEPARTMENT STORE NAME). Defendant failed to repay the full amount owed on the credit account and there by breached the contract. 11. Defendant Breach was a proximate cause of actual damages of $2500 And just and lawful offsets, credits and payments have been applied. F. Count 2: Account Stated 12. Plaintiff is entitled to recover on the account because (1) transactions between the original creditor and defendant gave rise to the indebtedness, (2) there existed an agreement between the original debtor and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the original creditor on the indebtedness. G. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $2500, which is within jurisdictional limits of this court. H. Conditions Precedent 14. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 15. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Prayer 16. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following. a. Actual damages in the amount of $2500 b. Court Costs C. All other relief to which plaintiff is entitled. Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LLC By: ORIGINAL COPY SIGNED ( it states that ---- No signature) Attached is what I think I should file as my answer based upon my research on the forums and the many responses by Texasrocker any suggestions or words of encouragement would be greatly appreciated. Thanks in advance! ANSWER-2.pdf