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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
Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm? Midland funding LLC 3. How much are you being sued for? $749.38 4. Who is the original creditor? Citi Bank 5. How do you know you are being sued? My parents were served with papers at home where I no longer live. 6. How were you 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? I receved some mail every now and then but I never answered it. 9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015. 12. What is the SOL on the debt? 3 years I think. Is this when I first opened it? 13. What is the status of your case? Suit has been 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? No. 16. How long do you have to respond to the suit? 30 days I have 14 days. No questionaire. Charges are as follows: Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. see attached picture.
This was given to me by a Justice of the Peace. 2009 updated information. Texas State Texas Justice Court Training Center Self-Represented Litigants https://www.tjctc.org/SRL Self-Help Legal Information Packet: When a Debt Claim Case Has Been Filed Against You. https://www.tjctc.org/SRL/debt-claim.html Information Packet – Click here for information on how to proceed if you have been sued in a debt claim case. Debt Claim Forms Answer Form - Use this form to respond to the lawsuit. Subpoena Request - This form is to request the court to order a witness to come to court for your case. Motion to Transfer - Use this form to request the court to move the case to a different location. Motion for New Trial - Use this form if you want to request a new trial because justice was not done in your first trial. Motion to Set Aside Default Judgment - Use this form if a judgment was issued against you while you weren’t present to request the court to hear the case over. Appeal Bond - Use this form if you wish to appeal your case to a higher court after your trial. Statement of Inability - Fill out this form if you are unable to afford court fees or an appeal bond. Texas Self-Help Legal Information Packet When a Debt Claim Has Been Filed Against You.pdf
Sue FDCPA in Small Claims Court
debt_warrior posted a topic in Is There a Lawyer in the HouseYou also have the right to sue a collector in a state or federal court within one year from the date the law was violated (some state laws allow more time). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. The FDCPA 15 U.S.C. § 1692k(a)(2) explicitly gives you the right to sue a debt collector, or to be precise, to sue a debt collection agency that violates provisions of the FDCPA. For each and every violation of FDCPA. The attached file has a list of Small Claims Court limits for the 50 States. (Check your state's website for any special rules or exclusions.) Remember, no frivolous lawsuits. If you win a couple of hundred bucks or $1K, go to Las Vegas and celebrate for the weekend. Sue FDCPA in Small Claims Court.docx