Sued in Laredo Texas by Portfolio Recovery Associates LLC

[jsmith0109]

I need suggestions on how to proceed.

On Monday Jan 12 9PM I was given a citation and commanded to appear in court

I am being sued by portfolio recovery associates llc assignee of providian national bank for $3,100 plus pre-judgment interest, attorney's fees, post judgment interest, court cost, etc. for a credit card debt.

Along with the citation I was given request for admission, plaintiff's interrogatories to the defendant, request for production and request for disclosure.

Is this something I can answer myself? What do these things mean?

How many times do I have to go to court? Court is open from 8am to 5pm and I work from 8:30 to 5:30 so I don't know how many days I would have to go to court and how many hours would be spent in court each day.

It says that must file a written answer by 10am on Monday next following the expiration of the 10 days. Does this mean I have until Thursday Jan 22 or Monday Jan 26? Does this include only the original answer to the court or also to the rest of the documents that they sent?

How much would it cost on average to hire a lawyer?

I don’t even remember the credit card debt and don’t have the cash to pay the $3,100. I haven't had contact with Providian bank or recovery portfolio associates and yet they claim I have refused to tender or pay this claim.

What would be my next step?

I just want to get some basic information so I can think straight. has anyone ever had to deal with Portfolio Recovery Associates, LLC in texas?

[legal_loansharking]

First off you need to be honest with yourself....

If this is not your debt, were you a identity theft victim?

If this is you debt and you need help we really need to know the real specifics such as this is yours and you last paid on it approx what date.

[cjtx]

Let me try to answer some of your questions.

First, you need to file a written answer. Your deadline is the first Monday after 10 days of service. So January 26 is your deadline if you were served on Jan. 12.

It appears you are being sued in small claims or justice court. Pleadings and discovery are informal. So all you need to file is a general denial and demand proof. Google "general denial" for examples.

When you file your answer, you need to send a copy via CMRRR to the attorney who sued you. You can also mail your answer to the court. Send it CMRRR too so you have a paper trail.

For everything else, including requests for admissions, requests for disclosures, interrogatories, and requests for production you have 30 days past the 10 days to file your answer.

You need to answer the requests for admission, otherwise, without any proof, they will use it against you because anything you fail to deny is considered admitted. Many people here deny everything except their name, address, and SSN. If you do not know something for sure, you do not have to admit to it. Also, you can object to some questions that are too vague or that ask you to admit more than a single fact in one question, and you deny those admissions "out of extreme caution"... or a similar wording.

Request for disclosures is very straight forward.

Request for production... depends on what they are asking for. You can object to certain things, which they should have if they really bought the debt from the OC. For some other documents you must state that there are no responsive documents to that request and/or that you will provide the documents when/if they become available to you.

You should send them your own set of request for admissions, req. for disclosure, interrogatories and req. for production. Make them show all their evidence.

I think they are trying to go for an easy default judgment, which they can get if you miss your deadline to file your answer.

If all this is overwhelming to you, maybe you should talk to a lawyer. Try to find someone in your area from naca.net

Debt collectors are not supposed to file suits in justice court or in small claims. But you can sue the attorney and the debt collection agency for FDCPA violations. You could get up to $1,000 from each.

Portfolio Recovery will probably dismiss the suit once they see it's not an easy default judgment.

[Tex_Tea]

cjtx pretty much nailed it. However, in Texas, I do believe JDBs can sue debtors in Justice of the Peace Courts, but they cannot use small claims.

JDBs dump thousands of these lawsuits on Texas Justice Courts, unfortunately. They are usually boilerplate lawsuit forms with affidavits that are hearsay. Often, they have many errors; read it closely.

If the lawsuit has an affidavit, you are being sued under Texas Rule of Civil Procedure 185, which is a suit under a sworn account. Generally, Texas courts have held credit cards are not allowed under TRCP 185; however, courts sometimes let them proceed under 185. If you fail to respond or show up, they more than likely will get a default judgement under 185.

Many people represent themselves in JP Court. Lawyers fees can vary, but one who does this type of work regularly could be as low as $350.

[cjtx]

However, in Texas, I do believe JDBs can sue debtors in Justice of the Peace Courts, but they cannot use small claims.

Tex_Tea is right. sort of. Suits prohibited in JP include: those from a "Person primarily engaged in business of loaning money with interest".

If the above were to be applied, OCs and JDBs cannot file suits in JP. So a CA could, but they usually sue on behalf of an OC or a JDB, so again, it is not permitted.

JDBs and CAs clog JPs with these types of cases because almost nobody ever gets to challenge them, and it is a huge business. So the judges just look the other way and rubber stamp those default judgments.

[Tex_Tea]

cjtx: When I first got sued in Justice Court, I questioned what a JDB was doing in justice court. I read some articles about the JDBs putting thousands of these cases thru JP Court, and Midland, the JDB after me, did not really extend credit to consumers. So, I just took it they did not fall under the exception prohibiting "parties who are primarily in the business of loaning money with interest". Do you have any advice on challenging them on this?

Wolpoff & Abrams, the attorneys for Midland in my case, may have thought about that. Midland had been charging interest and had one balance. But, rather than sue for that balance, W&A sued for the amount the original creditor had charged off. Perhaps, that was an effort to side step that rule.

[Tex_Tea]

If you choose wisely, its hard to go wrong with an attorney. If you have to go pro se, the links below may help:

You may want to go to this guys blog and look at the sections toward the bottom:

http://www.deancooklawfirm.com/search?updated-min=2007-01-01T00%3A00%3A00-08%3A00&updated-max=2008-01-01T00%3A00%3A00-08%3A00&max-results=6

He covers the key elements of a Texas answer, discovery and plaintiff's affidavits. He mentions particulars like if you are filling out any Interrogatories for the Plaintiff's discovery, one thing to note is that they must be verified (sworn and notarized).

Here a good thread on answering discovery:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=289190

[jsmith0109]

thank you all for your replies

I called the law firm that sued me to ask information about the credit card debt. I asked for the date of the debt, the credit card number, the credit limit or something that would let me know what this was about but was told that they couldn't give me any information because they were no longer handling that account. that it was given back to the client.

so I asked what was going to happen with the court date . if was being dropped or canceled and they said 'i dont know if someone is suing you we no longer handle this account and have no informatio'

so what does this mean? I guess I am goiing to have to answer in writing to court and wait for the court date and see if someone shows up or what?

[Tex_Tea]

I would never, as in NEVER, go by what the Plaintiff's attorney tells me. It is definitely in their interest for you to think this has been dropped when that is not the case because if you do not respond to an active case they get a default judgement.

I would contact the court to determine if the case is active and determine its status.

[merrybucks]

Tex Tea is right. Never trust what the plantiff's counsel tells you. File an answer and show up for court.

[jsmith0109]

I am writing the original answer, request for disclosure and want to add the request for production.

can I add the request for production questions on the same letter or do I add in my answer :

request for production

Attached hereto as Exhibit A is the defendant's Request for Production

and send my requests in another page?

and as for answering the the plaitiff's request for disclosure I am confused. I am asked for information or materials described in rule 194.2(a) - (1)

all I have got so far is the first question

1. Response to request under Rule 194.2(a): FULL NAME and address?

2. Response to request under Rule 194.2(: N/A ?

3. Response to request under Rule 194.2©: N/A ?

4. Response to request under Rule 194.2(d): N/A ?

5. Response to request under Rule 194.2(e): N/A ?

6. Response to request under Rule 194.2(f): N/A ?

7. Response to request under Rule 194.2(g): N/A ?

8. Response to request under Rule 194.2(h): N/A ?

9. Response to request under Rule 194.2(i): N/A ?

10. Response to request under Rule 194.2(j): N/A ?

11. Response to request under Rule 194.2(k): N/A ?

12. Response to request under Rule 194.2(l): N/A ?

[nascar]

Tex Tea is right. Never trust what the plantiff's counsel tells you. File an answer and show up for court.

That deserves repeating.

[Tex_Tea]

I think you are asking if you can include discovery requests in the answer. I am not entirely sure.

Based on my reading of Texas Rule of Civil Procedure 191.4 Filing of Discovery Materials I concluded that you are not generally supposed to file discovery with the court unless it is to a party outside the lawsuit or it is in support of a motion.

However, if you looked at Dean Cooks link on the prior page, you will see he includes requests for disclosure in his answer template.

I did my answer as one document, and the discovery as another. I sent both in a return receipt mailing to the plaintiff on the same day. You should also do a certificate of service at the bottom of each as in the following document:

http://www.co.san-jacinto.tx.us/ips/export/sites/san-jacinto/downloads/Justice_of_the_Peace_Files/Defendants_Orginial_Answer_Justice_Court.pdf

[jsmith0109]

I just received by mail a notice and order of nonsuit and asked for me to submit the original to the judge for his review and signature.

[Tex_Tea]

That's great! They were probably trolling for defaults and / or did not want to litigate in Laredo due to its remoteness to their counsel.

I would make a copy for my file on the case and submit it. You still might want to verify its status directly with the court just to be sure. They could refile sometime later, so I would hang on to everything. Still, that's great!

[duck2112]

I need suggestions on how to proceed.

On Monday Jan 12 9PM I was given a citation and commanded to appear in court

I am being sued by portfolio recovery associates llc assignee of providian national bank for $3,100 plus pre-judgment interest, attorney's fees, post judgment interest, court cost, etc. for a credit card debt.

Along with the citation I was given request for admission, plaintiff's interrogatories to the defendant, request for production and request for disclosure.

Is this something I can answer myself? What do these things mean?

How many times do I have to go to court? Court is open from 8am to 5pm and I work from 8:30 to 5:30 so I don't know how many days I would have to go to court and how many hours would be spent in court each day.

It says that must file a written answer by 10am on Monday next following the expiration of the 10 days. Does this mean I have until Thursday Jan 22 or Monday Jan 26? Does this include only the original answer to the court or also to the rest of the documents that they sent?

How much would it cost on average to hire a lawyer?

I don’t even remember the credit card debt and don’t have the cash to pay the $3,100. I haven't had contact with Providian bank or recovery portfolio associates and yet they claim I have refused to tender or pay this claim.

What would be my next step?

I just want to get some basic information so I can think straight. has anyone ever had to deal with Portfolio Recovery Associates, LLC in texas?

don,t let these people railroad you! They buy these often charged off contracts for pennies on the dollar and prey on those with "scare tactics" so they can turn a profit! Check Texas' wage ammendments and statute of limitations for non-secured credit debt! Also, if you look at the fair credit collection laws if they overstepped their lines on this federal law you can counter sue them! Take down this number 1-866-775-3666. it is a consumer law group that specializes in these collection agency ****s! ask for steve perez! There are certain federal and state laws that protect consumers from these companies that buy the "old" paper from bigger fish and try to intimidate folks into paying when they don't have to or can't! You can't squeeze blood out of a Turnip! I hope this info has helped, so pass it along to others because when our own federal gov't bailes out AIG and the executives keep getting bonuses, it is easy to see that a company like Portfolio Recovery (which 3rd quarter profits were 69 million) can easily intimidate people into paying when they don't have to! The difference is those who give in haven't done their legal homework with the use of GOOGLE! My email is brooksbhnt@aol.com if you need any more advice! Hang steadfast and DONT GIVE IN! COUNTERSUE!

[duck2112]

anyone up for a class action lawsuit against Portfolio Recovery Associates? Anyone that has been abused by this "paper trading" company should speak up at free otis on facebook! Companies like this are almost as bad as AIG which the taxpayer now owns 80%! Yet they still give executives, responsible for the government stepping in, bonuses! I am ready to stand up to intimidation from these "paper trading" companies which our founding forefathers never even dreamed of when they drafted the Constitution! spread the word!

[cinci]

People at this company continue to call me to collect a debt from someone with a similar, but not exact name as I. The residence history is different too. Very aggressive, threatening and interrogate like the KGB. When I tell them this, they accuse me of lying. After checking them out on the internet, it is apparent that they are predators that prey on poorer and unsophisticated people that can't fight back. Wealthy people have attorney s ot deal with this stuff. They need to be shut down! Since it operates across state lines, it is a Federal thing. Contact your Senator and Congressman and demand action! Obama is for the little guy so send emails to the Whitehouse too. Let get it done!

[trueq]

NEVER, ever trust them at their word.

I'm suing them soon for debt collection violations.

[nrgins]

You should send them your own set of request for admissions, req. for disclosure, interrogatories and req. for production. Make them show all their evidence.

Do you have an example of this? I was sued for a credit card debt that was bought by a collection agency. I was sued by their lawyer. I am writing my notice of appearance now with affirmative defenses, and would like to include a request for disclosure. But I don't know what to ask for.

Any assistance would be appreciated.

Thanks,

Neil

[Tex_Tea]

What can be asked for in the request for disclosure is very specifically defined in Texas Rule of Civil Procedure 194. Google Texas Rules of Civil Procedure and download them.

Some people just put the request for disclosure in their answer. They have a paragraph titled Request for Disclosure. Then, they have something like:

Pursuant to Rule 194 of the Texas Rules of Civil Procedure, you are requested to disclose and furnish to the Defendant, within thirty (30) days of service of this request, the information or material described in Rule 194.2 (a)-(i), (l).

If you want to do other types of discovery, other rules in the TRCP cover that. They follow rule 194, like 196 Requests for Production.

That is sort of done the same way with something like:

DEFENDANT'S FIRST REQUEST FOR PRODUCTION

TO: B.S. Blower, Esquire

ATTORNEY FOR MIDLAND FUNDING LLC

Pursuant to Rule 196 of the Texas Rules of Civil Procedure, the Plaintiff, is asked to produce the documents designated below to the undersigned pro se defendant .

Pookie122 did a Texas answer with the discovery in it on this thread about a third of the way down:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296763

It got his case dismissed. In any case, good luck!

Edited January 24, 2010 by Tex_Tea

[nrgins]

Thanks. That was very helpful!

[FlaLawyer]

Texas Rules of Civil Procedure.

[FL4answer58]

I wonder if:

Portfolio Recovery is

Portfolio Services is

Portfolio Acqusitions is

Does anyone know if they are one in the same - how many?

It helps to know when researching cases and motions.

[nrgins]

Tex_Tea: I wasn't able to reply to your PM (for reasons you stated), but I'm not being sued by Portfolio Recovery. I just posted here for general information as it pertained to my case.