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Hello dear friends. I am another one that has been caught in the claws of portfolio recovery for the amount of $3164.43. Complaints are "Account Stated" and "Open Book Account". The lawsuit contained Exhibits A and B which were a statement showing the last payment made (which was returned by the bank) and also a final statement showing that the account charged off. This is being done within the legal time frame. So far I have submitted a general denial with an Assertive defense of "Lack of Standing Because No Debtor/Creditor Relationship" to the court which has been stamped and I have made copies of each and sent the documents off to Hunt & Henriques in California (the lawyers for portfolio) along with A BOP with respect to the "Open Book Account" claim. Phew. I'm burnt out and I am awaiting my letter containing a trial date. My question is, what are my odds of being successful? Should I have just hired a lawyer? is it too late now? Does anyone have a reputable lawyer in California that wont gouge me? You're all I have right now!
Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc. They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did. How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use it .I need to turn it in asap and how should I handle this,, any thoughts or assistance? If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Portfolio Recovery a$$ 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,290.05 4. Who is the original creditor? (if not the Plaintiff) Synchonry Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2017 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). None. 16. 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 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None just their 3 pages of petition and the original and copy of serve document. 18. How did you find out about this site? Google 18. Read these two links: