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Found 11 results

  1. I am in a mess and need help please. I am a single grandmother and I've had posession of my grandchild for over a year now. She is six, nonverbal and autistic. For the past few months I have been persuing custody of my grandchild due to her parents drug addiction. I don't have the money for a lawyer and CPS dumped everything in my lap to handle alone and told me to file for custody so without any help I am attacking this pro se. This is my grandbaby and I am doing what I have to do for her. That being said this is a horrible time to be sued, not that there is ever a good time. I was served on 02/22/19 and I am terrified to be dealing with two seperate court cases pro se at the same time. I have read the forums for many hours the past couple of days and it seems the more I read, the more confused I get. I would greatly appreciate any help and advice I can get. I know already that I am judgement proof in Texas due to my income being Social Security Disability and SSI. I live off less than 800.00 a month and I don't have money for legal fees. I know PRA could care less about my situation but this is the best place I have found on the internet for help. Thank you for even taking the time to read this. 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? (should be listed at the top of the complaint.) Rausch Sturm (Attorney listed is Jesse Dow Lockhart) 3. How much are you being sued for? 7251.80 plus court cost, interest, and attorney's fees. 4. Who is the original creditor? (if not the Plaintiff Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served at Residence 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? Rains County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? October 2015 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? 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'). No 16. How long do you have to respond to the suit? 14 days (March 8, 2019) I'm not sure since it was after 5 pm on Friday if I would have until the following Monday. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO 17. What evidence did they send with the summons? None. Served with Original Petition only. 18. How did you find out about this site? Internet search.
  2. Hi Folks, I received a letter on 20 March 2019 from Sentry Credit asking me to pay them approx $7500 for a defaulted Walmart Mastercard Synchrony account from May 2016. I sent a certified, return receipt response 28 days later (April 18) asking for Validation in the form of: 1. The contract with my signature from the original debt holder bearing my signature. (I have an exceedingly common name!!!) 2. The application for the account with my signature. 3. Copies of all statements from the beginning of the account to the present day. 4. An itemized accounting of the amount and how they came up with it. (Principal, interest, interest rate, fees, etc.) 5. Name, address and contact info of the original creditor. 6. Who owns alleged debt now. 7. Proof you have the right to collect in my state. 8. Provide proof of sale from original debtor through to current debtor. 9.A crease and desist on any contact except in writing at the current address. I got back the card proving they received it. and their response was mailed 3 May 2019. (12 days had elapsed) Sentry sent me: Sentry Credit is working on behalf of Bureaus Investment Group who is purported to have bought the debt from Synchrony bank. 1. Letter explaining what was sent to me 2. A page with "State Specific Rights" nothing mentioning Illinois 3. Statements -2016 Jan -2016 Feb -2016 Mar -2016 Apr -2016 May -2016 Jun (Last Payment, May 1, 2016) -2016 Jul -2016 Aug -2016 Sep -2016 Oct -2016 Nov -2016 Dec (Account closed 11/09/2016) 4.Letter from Synchrony saying they sold account to Bureaus Investment Group This was for a Walmart Mastercard throught Synchrony. Their contract states they do arbitration through AAA. Ok, So what should I do next? Or more specifically, what would you do next if you were me? I'm looking for Ideas... I work for minimum wage and have no assets. -Nickel (Still working on saving up for Bankruptcy, 7 most likely)
  3. Hello, everyone! I've been a lurker here for a while, and am happy to be able to post at last. Here is the required information: 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jack H. Pogosian, Alec Weston Hankins, Kristy Gabrielova, Nichol Alan de Guzman, Hyo Jin Julia Jung 3. How much are you being sued for? 2844.87 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/CareCredit 5. How do you know you are being sued? (You were served, right?) In-person service 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 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? Standard MCM letters 9. What state and county do you live in? San Diego county, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. When did you open the account (looking to establish what card agreement may be applicable)? September 2014 12. What is the SOL on the debt? 4 years 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). Case Management Conference tomorrow 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'). No 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? 30 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. Standard issue from what I've read on other threads: Last statement from CareCredit, listing of charged-off accounts with info blacked out, MCM statements, etc. So I'm finding this interesting. Back after I was served, I initially thought about settling, then stumbled upon this forum. After reading, I decided to push back. I filed my general denial shortly after I was served, and in mid-May I sent Midland a letter requesting arbitration via JAMS (as per my account agreement). I haven't heard a peep from Midland, besides a letter saying the account was placed 'In Dispute' and they don't know why I'm pushing back. As stated above, tomorrow is my Case Management Conference. In my Case Management Summary, I stated that I wish to have arbitration, so I hope that's taken into account during the CMC. I did make one gaffe, however. Because I had not heard from Midland regarding my letter asking for Arbitration, I filed a MTC Arbitration. Speaking with the juedge's clark yesterday, he told me it will likely be rejected due to no hearing being scheduled. (It's still Pending with the court clerk.) One thing: Is it typical for Midland to not file a CMS prior to the CMC? They haven't filed a summary yet, and I want to make sure I'm not surprised by anything. If any more information is needed, please don't hesitate to ask. Thank you all for being here and being so helpful! GB
  4. I was served last week by Portfolio Recovery/Synchrony, in Texas. I have completed my answer to file next week. I am going to submit my MTC as well. The link to my original post is at the end of this post. Thank you to everyone who will take time to read and respond. I am at the point of pulling my hair out. In the SAMPLE MTC, under #2 it claims I will have already sent a Notice of Arbitration Election to PRA/Lawyer before I file my MTC. I have found a NOTICE OF ARBITRATION ELECTION (provided below) For those who have used arbitration is this the steps you have taken? In most of the post I have read I have not read anything about anyone actually sending a Notice of Arbitration Election prior to filing an answer and the MTC. I just want to make sure I am doing this right. I have to give it 100% to fight this and I don't have room to mess it up. Also, do I wait until arbitration is granted to request they pay all fees? ------------------------------------------------------ Sample MTC (Note that is Sample is to show you an idea of what an MTC should look like. Never Copy/Paste this directly into your motion. Adding case law from your own state is a good idea) MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). ----------------------------------------------------------- NOTICE OF ARBITRATION ELECTION Pursuant to Capital One cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes. As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to pursue that claim in court or before a judge or jury." The agreement further states, "You or we may elect arbitration under this arbitration provision with respect to any claim, even if the claim is part of a lawsuit brought in court." As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. ___________________________(Your Name Typed) Certified Return Receipt #_________________________ -------------------------------------------------------------------------------------------------------------------------------------------- Here is the Synchrony agreement: RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. •  What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. 3No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITHANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.
  5. I am unable to scan & post complaint until tomorrow as I dont have any way to do so at home. Crown Asset mgt, LLC filed 2 complaints in my county court (oh which I now reside. Both accounts were opened under old address and they wouldnt update my new address upon request over the phone.) of $ owed from charged off cc with Synchrony Bank. The complaints include an agt dated 7/5/17 between Synchrony & Crown. They also include cc statements of my last payment (apr 2017) continuing through 2018, however, there is NO ACCOUNT # listed in the complaints nor on the statements. The account # listed is "xxxxxxxxx" on the complaints. I was served via certified mail on a sat via post office (I was in mid nap w the kids when I heard knock & i thought post office was delivering amazon package like they did before). What's my best response options? - can I request motion to dismiss or can I only request more info (whatever legal term is) for plaintiff not listing acct & not providing a response as to why? - motion to dismiss or compel arbitration? (I dont know how to find my agt to view the arbitration clause since they will not let me log into my account once it charged off but I know there is arbitration clause). - can I deny $ owed since the agreement they included is dated 7/2017 yet I was still being charged by synchrony after 7/2017 ?(complaint $ amount matches statement balance) - can I also deny $ owed as company did not purchase full debt amount from orig creditor, it purchased for pennies on the dollar amount ?(complaint $ amount matches statement balance) - I have never received debt val letters from synchrony nor this plaintiff regarding these 2 accounts. (They had to find my new address via a previous complaint & judgment in my county from 6mo ago w a diff plaintiff & since they wouldnt update my address over the phone) but I still havent received debt val letters from this plaintiff at this new address). I DID RECEIVE debt val letters on this same day via regular mail from LVNV (aka Resurgent) of 3 other synchrony bank accounts).
  6. Getting sued in Wisconsin by PRA for a Synchrony BP card and just when I thought I had my answer ready to go, I read on here not to include any affirmatve defenses. I've been reading everything I can on how to answer this complaint and most of what I have written has been copy and pasted. Hoping someone can take a look at it and let me know if I should add or delete anything.
  7. Background Moved out on my own about two years back. I had assumed all of my important mail was forwarded to my new address. To my shock, after a visit to my old residence, a member of my family hands me a packet of papers informing me that I'm being sued. This totally sucks... I'm lost and unsure of what steps I need to take to ensure I can resolve this. I've never been sued before so this a bit daunting to me. I have been reading a few forums on here and while it has been helpful I must say the information overload is very real and overwhelming. If anyone one has any advice on how I can proceed with putting this behind me my ears and mind are open. Additional Information 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? (should be listed at the top of the complaint.) - Cooling & Winters, LLC / Cooling and Winters LLC 3. How much are you being sued for? - $1,200 4. Who is the original creditor? (if not the Plaintiff) - Synchrony Bank / Amazon.com 5. How do you know you are being sued? (You were served, right?) - I received papers from a family member. 6. How were you served? (Mail, In person, Notice on door) - A family member was served and I received the papers from them. 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, as far as I know, I had no idea who they were until I did a little bit of googling (more information below) 9. What state and county do you live in? - Georgia, Habersham County 10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations) - 2012-2014 11. When did you open the account (looking to establish what card agreement may be applicable)? - 04/ 11 /2012 12. What is the SOL on the debt? - 6 years 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). - I was unable to find my case online but it says Suit on Account on paper. I've attached scans of the papers I received below blanking out personal information. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No I have not disputed the debt with the credit bureaus both the original and current collectors. 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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). - No I have not requested debt validation. 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? - I was given 30 days to respond. I’m unsure if it’s from the 21st of March or the 23rd. I will include a scanned copy of the paperwork that I received but I’m going to assume the 21st since to be on the safe side. Also, there is an affidavit dated much earlier on the 9th of March would that actually be the deadline? If so I’m totally screwed… I am unsure if I received an interrogatory. What would that be? The “Charges” are: The Plaintiff says the defendant is indebted to the plaintiff as follows: Default on Account. That said claim is in the amount of: SEE ATTACHED COMPLAINT ( Complaint ) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - The Evidence I was sent are as listed: - An Affidavit - A Statement of Claim - Exhibit 1 A Statement from 11/15/2012. - Exhibit 2 A Statement from 05/15/2012. - Exhibit 3 The Credit Card Agreement. - Exhibit 4 A Bill of Sale between Synchrony and PRA. - And for Reference the first page out of all the others in the packet with the serving date being 03/21/2018 0r 03/23/2018, but I'm going to assume the 21st. ( Serving ) My Questions 1. What actions should I begin to take? I have not filed an answer in fear that I may end up doing something wrong that is irreversible. 2. Please, If you anyone can point me to other threads with a similar situation as mine that can give me some kind of guideline on how I should go about this I'd greatly appreciate. 3. Would it be best for me to just go ahead and pay this off if I currently have the money or would I be better off fighting the case? 4. Is this just a hopeless effort in a losing battle? I'm totally drained. I really am kinda lost right now. If anyone's got any actionable advice I'm all ears. Thank you for taking a look. If any more information is needed on my side to help in understanding my situation please let me know. I work the graveyard shift but will do my best to respond as promptly as possible. Once again thanks for taking a look.
  8. Good afternoon- I thank you so much for your help and will try to be as succinct as possible. 1. We live in Illinois and are planning to file for Chapter 7 Bankruptcy on July 1st, 2018. We are currently waiting for that date because my income is artificially high due to a bonus, and we are $2,000 over the median income for our family and do not want to have to go through the scrutiny of the means test. 2. Our objective is to avoid lawsuits and wage garnishments until that date: July 1st, 2018. 3. Here is who we are dealing with and what has transpired thus far: - Notice of Sale on December 21st in the amount of $1389.16 from Credit One to LVNV Funding. We have NOT received a letter from them yet. - Capital One has sent both our balances of $1976.99 and $2950.36 to 3rd party collections agencies. We admitted nothing, but have agreed to pay $15 temporarily per month and this has satisfied them, as long as they said we call back this summer to make higher payments or discuss other options. - Notice of Sale on January 1st, 2018 in the amount of $823.14 from Synchrony to Portfolio Recovery Associates. We have NOT received a letter from them yet. - Notice of sale on January 1st, 2018 in the amount of $2029.13 from Synchrony to Midland Funding LLC. We have NOT received a letter from them yet. - A letter from Kohn Law Firm on January 2, 2018, to collect on $1208.42 from Synchrony and Midland. We have not yet responded, which is why we are here. Again, we will be filing Bankruptcy due to other debts and such, but are waiting until July 1st. We just want to avoid wage garnishment until then. We are obviously most worried about Midland and Kohn... We do not know what time frames they operate on or how to respond to delay them- if that's even possible. We had heard that you can scare them away by requesting arbitration per the Synchrony contract, but do not know if that is too preemptive or if it will even work in our case. Thank you very much for your assistance. I really appreciate it and will follow whatever directions you give me. Best, FJ
  9. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A". 4. Plaintiff has purchase Defendant's debt, and is entitled to all rights as owner thereof. MIDLANDS EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attemts to assess each consumer's willingness to pay, through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with the consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against the Defendant. Although the account is no in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. CLAIM FOR RELIEF 9. There is now due and owing from the Defendant, in the amount of $2,765.19. 10. Plaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due. WHEREFORE, Plaintiff prays for judgment agains Defendant as follows: a) For the unpaid balance of $2,765.19. For the purposes for this suit, Plaintiff is not requesting any interest on the amount sough and requests that interest be waived, including pre and post judgment interest; c) Costs for suit, and d) Such other relief as this Court may deem just and proper.
  10. 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? (should be listed at the top of the complaint.) "Portfolio Recovery Associates," 3. How much are you being sued for? $2,771.86 4. Who is the original creditor? Synchrony Bank/Wal-Mart 5. How do you know you are being sued? I was served papers last night, 1-20-17 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? Phone calls, voicemails and mail from Portfolio Recovery Associates, but did not actually speak with anyone. 9. What state and county do you live in? Texas, Colorado County 10. When is the last time you paid on this account? Not sure. Claimed to be August 29, 2015 in Complaint. Sounds accurate. 11. What is the SOL on the debt? 4 years in Texas 12. What is the status of your case? Suit served? Motions filed? Suit Served, have not filed an answer yet 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? 14 days 16. What evidence did they send with the summons? An Affidavit from PRA, a Bill of Sale and a copy of I presume my last credit statement with Synchrony/Walmart. The Bill is sale is generic and has no link to my name or account. The credit statement does not show any red warnings of my account being closed soon for failure to pay. Just shows that I was behind in payments and what I owed for next payment.
  11. In April 2015 I received a debt settlement letter from Synchrony bank to pay off my account for 1/3rd of the balance. I was in a bad spot financially so I jumped on the offer. The offer letter said I had to contact them by a certain date which I did. I spoke to a rep who gave me instructions to send a check along with a copy of the settlement letter via CMRRR which was done. Synchrony received my check but never processed it because they signed for it 2 days PAST the date to contact them on the settlement letter. They claim since they received it past the settlement date on the letter it was not accepted. My case is that I DID contact them PRIOR to the date and arrangements were made and followed through to pay the debt, Synchrony is saying that since they received my check past the date on the settlement letter to contact them they did not process the payment. Subsequently they sent me to collections and now a civil lawsuit. I have the signed green card, copy of the settlement letter sent to me and a copy of the letter I sent to them along with my check. The lawyer's office for Synchrony has sent me INTERROGATORIES to answer which I have no problem with because its all information I've provided to them previously but my question for the forum is: Can I serve the Plaintiff (lawyer's for Synchrony bank) interrogatories of my own? They are telling me "Synchrony refused your payoff because it arrived 2 days late" and I would like to know if I have the right to know who at Synchrony has the authority to say that + I would like to bring in the recorded conversations done by the attorney's office if it comes down to it in court. I think a judge would find all of this to be a waste of time but I will not pay Synchrony 4 times the amount I believed I settled for.