dazeygirl

sued by Portfolio Recovery ......CASE DISMISSED!

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Back in Aug 2014 i was served with a lawsuit from Portfolio Recovery on a GE credit card that went bad in 2010. At first i panicked, my first thought was to call them and make a payment arrangement. But after speaking with my husband he told me to hold off and do some research. So i sat back for about a week and did some thinking.  The first thing i did was file an answer to lawsuit. I simply stated that the Statute of limitation in Texas is 4 years and that this debt is Time barred. I also stated that if they pursued this lawsuit i would file suit against them for violating my fair credit rights. I sent Portfolio a certified copy of my answer and trotted myself down to the courthouse to file it.  Shortly after i got a court date in the mail of Nov 7 2014, yep just YESTERDAY.   I went to court yesterday prepared to argue my case and guess what.  The judge started court promptly at 1.00pm. I was the first case he called "Portfolio vs ME" as i nervously walked to the bench he smiles and says PORTFOLIO DIDN'T SHOW UP SO CASE IS DISMISSED. ENJOY YOUR DAY YOUNG LADY!!  Whoooo hooo i could have did a cartwheel out of that courtroom.....lol

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Back in Aug 2014 i was served with a lawsuit from Portfolio Recovery on a GE credit card that went bad in 2010. At first i panicked, my first thought was to call them and make a payment arrangement. But after speaking with my husband he told me to hold off and do some research. So i sat back for about a week and did some thinking.  The first thing i did was file an answer to lawsuit. I simply stated that the Statute of limitation in Texas is 4 years and that this debt is Time barred. I also stated that if they pursued this lawsuit i would file suit against them for violating my fair credit rights. I sent Portfolio a certified copy of my answer and trotted myself down to the courthouse to file it.  Shortly after i got a court date in the mail of Nov 7 2014, yep just YESTERDAY.   I went to court yesterday prepared to argue my case and guess what.  The judge started court promptly at 1.00pm. I was the first case he called "Portfolio vs ME" as i nervously walked to the bench he smiles and says PORTFOLIO DIDN'T SHOW UP SO CASE IS DISMISSED. ENJOY YOUR DAY YOUNG LADY!!  Whoooo hooo i could have did a cartwheel out of that courtroom.....lol

sounds like judgment for defendant. Is there a Motion to tax costs in texas? Can you get your filing fees back? I love the ways that CIC helps people.

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for the record you could sue them for fdcpa violations. also check the court, the may file a motion to vacate and may not send you a copy.

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Just curious- what is your locale and who was the attorney that filed the lawsuit? 

 

You are now in position to beat them at their own game by filing a lawsuit against them for suing you on a time barred debt if you so desire.   There is about a 99% chance that you will win without even setting foot in a courtroom. 

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Just curious- what is your locale and who was the attorney that filed the lawsuit?

You are now in position to beat them at their own game by filing a lawsuit against them for suing you on a time barred debt if you so desire. There is about a 99% chance that you will win without even setting foot in a courtroom.

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I'm in Dallas, the lawsuit was filed by Portfolio recovery with some atty in Virginia. I didn't have any court cost, I filled adv answer to the suit and it didn't cost anything to respond.

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I agree with filing suit against Porfolio.  I would check naca.net for consumer attorneys in your area.  Call a few of them and explained what happened.  Ask if they would like to help you sue Portfolio for FDCPA violations.  Consumer attorneys will usually take this kind of case free to you since the FDCPA allows for attorney fees to be paid by the other side.

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@dazeygirl

 

What was the date the last payment was made on the debt?

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