debtintexas

In Texas about to get sued by Portfolio Recovery Associates, L.L.C.

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@TomnTex

@texasrocker

 

I haven't been sued yet, but I figure I might as well start getting ready for it as I'm pretty sure that PRA is about to file suit on an alleged $25k debt that they bought from Citi. SOL, 01/16. I have not DV, but I have had a few phone conversations with them in which I have been intentionally vague, questioned the balance, and explained that I do not recall the last payment they are claiming I made on the account. I have explained that I have no money, no assets, and I have been under/unemployed for years. What are the odds they file?

 

I have read most, if not all, of your threads regarding Texas courts, but most of the information is re: Justice Courts. However, due to the amount of the alleged debt won't they sue me in District Court? What are the differences that I need to be aware of? 

 

Any guidance from the two of you would go greatly appreciated.

 

Cordially.

 

 

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What county are you located in? The county/district court maybe have case searches on their web site where you can go each day and see if anything has been filed against you. At least that way you can know to expect anything coming and prepare for it.

 

I'm kind of in the same boat but mine are <$10k so could appear in JP court also. However, in my district, the JP courts don't have a searchable index online--only the county/district do. So I still check those regularly to see if I need to be putting a tin helmet on anytime soon.

 

Not sure it's a good idea to even talk with them on the phone at this point, although since you already have, by refusing their calls now at this late stage, could prompt a lawsuit. Not really sure.

 

The difference in JP court is that it is supposedly more pro-se litigant friendly but parties need to ask permission from the judge before conducting discovery. Also, I believe discovery (if granted) is limited to 10 queries at a time, whereas in county/disctrict court you automatically have the right to discovery and it can be up to 25 queries/requests at a time.

 

I have yet to be served for CC debt but have been sued before for other stuff over the last couple of years in county/district courts. The first time you get served it's pretty scary and daunting. After that, it's like water off a duck's back. The main thing, and I cannot stress this enough, is if you're served, DO NOT BURY YOUR HEAD IN THE SAND AND IGNORE IT--that's the worst thing you can do.

 

The good news is you live in Texas and, as far as I'm aware, that's pretty much the best place you can be if you owe someone $$$ and worried about getting sued.

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I agree with TR, stay OFF the phone with them. Also, read up on TX TFC-392 so that you know TX laws regarding some of the stuff that your doing. Make sure you start and keep a file, do not throw anything away, nor bury your head.

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Absolutely do not talk to them anymore. 

 

What county are you in?

Which law firm has been trying to contact you?

Okay, no more talking. Done.

 

I'd rather not say the county.

No firm has contacted me yet, I just have a feeling that as SOL nears they are gearing up.

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I agree with TR, stay OFF the phone with them. Also, read up on TX TFC-392 so that you know TX laws regarding some of the stuff that your doing. Make sure you start and keep a file, do not throw anything away, nor bury your head.

OK, off the phone.

 

I've read the TFC and for the most part they are playing clean. From what I've read on them they have probably been in enough trouble in the past, and may have learned the error of their ways.

 

I will absolutely not bury my head. I may not have much, but have the time to fight. And I will fight it and fight it, and if i lose I will appeal and keep fighting it.  Gerrrrrrr!!!

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Well, they're still calling me so I guess that means they haven't filed yet. The SOL is 01/16. What are the odds PRA will fail to file in time. Are there any stalling techniques I could use on them?

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It's anyone's guess if they will or not. Just stay off the phone with them. They are trying to settle with you for one thing and the other is to intimidate you using fear. Lay low, answer all letters and start a file, save everything you get for years. The longer you can drag this out using snail mail the better. Don't use e-mail as that is fast, you want it drug out slow.

I had two debts that were over thirty-five thousand each that I managed to drag out past the SOL, no suits or anything, just a lot of calls and threating letters.. So, you never know just what they will do. Watch your credit reports to see if they are checking on you very often. That will give you an idea too of what they are up to.

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Alright, it's January 2016 - HAPPY NEW YEARS!

I've checked my credit report and PRA has checked my report once, back in June 2015. They continue to call, as recently as last week, and I continue to not answer. My SOL is near, but I'm having a hard time understanding the law regarding statutes of limitation here in Texas. I'm finding conflicting information...

My final payment towards this alleged date was January 2012. When does the 4 year clock beginning ticking? I've read everything ranging from "on the date of the final payment" (which would put SOL at January 2016)to "final payment +180 days" (which would put SOL at July 2016). The most common I see is "final payment +30 days" (which puts SOL at February 2016). Which is it? When can I tell PRA to flip off?

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Last payment Jan. 2012, sol is up February. 2016.  It is 4  years from when your payment became due, and you didn't make one.  But if they file in February., I would claim the sol as up.

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Was the account still in good standing when you made the last payment?  Or was it already in default?

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On January 5, 2016 at 5:14 PM, BV80 said:

Was the account still in good standing when you made the last payment?  Or was it already in default?

@BV80

Yes. The account was still in good standing at time of last payment made.

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@TomnTex@BV80@texasrocker

Okay, it looks like I've reached my SOL, and this alleged debt is now officially time barred!! That being said, PRA called me two days ago so, even though I've reached SOL, it doesn't look like they are going to give up. I imagine these folks are scummy enough to still file suit in at attempt to get a default judgment. Now that I know the alleged debt is time barred is it okay to answer the phone the next time they call and tell them to cease their attempts to collect this debt? Is there some language I could use that might make them think twice about still filing suit? I would love to be able to tell these folks to get lost...

You all have been so helpful, and I'm so appreciative. I wish there was a way a could buy you all a round!! 

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Are all of these calls they have been placing to your cell phone?  If so, you may already have a nice, large TCPA lawsuit against them.

How do you want to handle this?  Do you just want them to leave you alone, or do you want to allow them to continue violating federal laws so you can sue them?  To shut them up, a simple letter sent CMRRR that either says "I refuse to pay this alleged debt" - or - "Stop contacting me effective immediately".  Both letters are legally the same, as they must stop contacting you upon receipt.

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@debtintexas

I agree  with @fisthardcheese

If you do what he suggests, PRA can contact you one more time to inform you of their intentions (such as close their file on the debt), but they cannot attempt to collect.

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@fisthardcheese

@BV80

@texasrocker

@TomnTex

Here's my letter. I'm guessing it should be addressed to the Founder/President/CEO. Is that right? Any suggested additions/omissions will go greatly appreciated.

Steve Fredrickson

Portfolio Recovery Associates, L.L.C.

120 Corporate Blvd., #100

Norfolk, VA 23502

RE: Account Number XXXXXXXXX

Mr. Fredrickson:

Pursuant to the Fair Debt Collection Practices Act (15 USC 1692c) and the Texas Finance Code (TX TFC-392), you are hereby notified to immediately cease all communication concerning the above referenced account.

This alleged debt is time-barred, and I refuse to pay this alleged debt. Any further effort to collect this alleged debt may result in legal action against you.

Thank you for your cooperation.

 

Regards,

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@debtintexas

The letter looks good, but you don't have to include anything about the FDCPA or the TFC.   It's not your responsibility to inform them of the law.

Note that they can contact you one more time to inform you of their next action but they can't request payment.

 

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My letter would be sent to the address on the collection letter(s) they sent me.

And all it would say is "I refuse to pay this alleged debt."

Those words, according to the FDCPA, mean they are not allowed to contact you again, except for ONE time and only for the specific reason of saying either we are going to sue you or we are going to close the file.  It is their responsibility to know the laws that govern their business.  I don't give them any lessons.  If they need a lesson on the law, they can pay me $1,000 and learn the laws they should already know in federal court.

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@TomnTex @texasrocker @BV80 @fisthardcheese

Here is something that I found interesting;

I wrote the C&D, had it in the envelope...and never took it to the post office because, after doing some reading I was afraid that if I brought to their attention the fact that this alleged debt is past SOL they would charge off the debt and send me a 1099-c. Now, they called me last week from a number I did not recognize so I answered the phone. They stated, before I even had a chance to hang up, that they knew the debt was past SOL and they will not sue, but they are still attempting to collect the debt. 

So I have two questions; 

1. Is it the OC or JDB that charges off the debt?

2. Will sending the C&D trigger a charge off and 1099-c, or should I hold off on sending the C&D in order to string them along? (I don't mind the phone calls if it means no 1099-c)

Thanks!

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