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Being Sued by Portfolio Recovery Assoc in Texas


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My husband is being sued by PRA he has already filed his answer, general denial. My question is PRA is claiming breach of contract, the original creditor was MBNA/FIA, I am aware that in Texas the SOL is 4 years however if they are claiming breach of contract would the SOL of Delaware apply, 3 years, being that is the headquarters of the OC and the contract goes based on Delaware law?

If Delaware SOL is applied how do I develop a motion to dismiss with prejudice based on Delaware SOL? What case law could be used?

Background

OC: MBNA/FIA

Plaintiff: PRA

County of Suit: Harris in JP court

Amount of Suit: 6,000 +

Defendant Answer already filed 9/6 within the allotted 14 day timeframe.

Last Payment: possibly 8/2010

Documents in complaint: generic bill of sale (didn't contain any acct info), statement from OC showing that of charge off (3/2011; same amount as suit), Non-Military Affidavit

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Texas courts will not recognize any SOL other than the 4 years therefore there is no case law in regards to applying any other state's SOL.

What you need to do now is get the court's approval to begin discovery. When you have that then let me know and I will PM you first set of discovery to send. In the mean time order this book and learn the rules and procedures as if you were cramming for a final exam- http://www.amazon.com/OConnors-Texas-Rules-Civil-Trials/dp/1598391828/ref=sr_1_1?s=books&ie=UTF8&qid=1408141083&sr=1-1&keywords=o%27connors+rules+texas+civil+procedure

Who is the attorney that filed the lawsuit against you?

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Ok how do I get permission for discovery?

Can I amend my answer to include some verbiage I just found that you posted on lack of standing, which I did use as an affirmative defense in the initial answer and on "account stated" I did not address this in initial answer?

Jamila Lloyd in Norfolk, VA

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You did not originally say that they pleaded Account Stated.

Copy the answer I gave in post #7 in the following thread and entitle it "Defendant's Amended Original Answer, Plea to the Jurisdiction and Special Exception." Send one copy to the court and one to the attorney's office who filed the lawsuit via certified mail. Ask the court for permission to send discovery to the plaintiff as soon as possible.

http://www.creditinfocenter.com/community/topic/324432-being-sued-in-texas-by-portfolio-recovery/#entry1303627

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Thank you! I have just a couple more question, for clarification, @texasrocker in the link you sent me post #7 it stated that that the plaintiff didn't submit admissible evidence of assignment but in the complaint I received a bill of sale was attached, no acct info included, does this fall under the guidelines of admissible evidence of assignment?

Also, by submitting an amended answer I'm I adding to my original answer or I'm I setting aside the original in place of the amended?

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