MrEous

Being Sued by PRA - Citation in TX District Court

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Not sure what to do (other than respond) in this matter.  Family of 5 now with mother-in-law staying with us, only my paycheck to support.  Enough of the sob story, unimportant at this point...hope someone is able to help me out.  I've read up a bit based on what was posted...I believe @texasrocker@TomnTex are who I'm needing - really would appreciate your help. :-)

 

 

1. Who is the named plaintiff in the suit?

PORTFOLIO RECOVERY ASSOCIATES LLC / ASSIGNEE OF US BANK NATIONAL ASSOCIATION / US BANK NATIONAL ASSOCIATION

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
JENNIFER SANDERS (Portfolio Recovery Associates)

 

3. How much are you being sued for?
$19,162.34

 

4. Who is the original creditor? (if not the Plaintiff)
US BANK NATIONAL ASSOCIATION

 

5. How do you know you are being sued? (You were served, right?)
SERVED

 

6. How were you served? (Mail, In person, Notice on door)
IN PERSON AT HOME - SIGNED FOR PAPERS

 

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?

PREVIOUS NOTICES RECEIVED - FEW CALLS BUT NOT ANSWERED

 

9. What state and county do you live in?
TEXAS, DALLAS

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
10/2012

 

11. What is the SOL on the debt? To find out: 
4 YRS

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
CITATION ISSUED...RETURN OF SERVICE (for delivery signature from courier?)

 

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
NO

 

15. 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? 
20 DAYS FROM 11/7

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Original Petition & First Discovery / Request for Disclosure / Request for Production / Request for Admissions / Interrogatories / Verification / Affidavit / Exhibit B - Bill of Sale / Military Svc Report / Jan 2013 Statement (attached)

 

 

Thank you...

Jan 2013 Statement.pdf

Suit - Exhibit B.pdf

Suit - Affidavit.pdf

Suit - Verification.pdf

Suit - Interrogatories.pdf

Suit - Admissions.pdf

Suit -- Production.pdf

Suit - Disclosure.pdf

Suit - Petition and Discovery.pdf

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Follow my post #5 in this thread-

http://www.creditinfocenter.com/community/topic/326886-midland-funding-lawsuit-texas/?p=1333869

 

Make sure you get your answer filed by Nov. 25 since the 27th is the day after Thanksgiving and no one may be around. 

 

Ignore their "Verification" document.   Ignore any phone calls or letters offering to settle for less.

 

I will PM you first set of discovery to send to the attorney's office that filed the lawsuit along with their copy of your answer.

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Follow my post #5 in this thread-

http://www.creditinfocenter.com/community/topic/326886-midland-funding-lawsuit-texas/?p=1333869

 

Make sure you get your answer filed by Nov. 25 since the 27th is the day after Thanksgiving and no one may be around. 

 

Ignore their "Verification" document.   Ignore any phone calls or letters offering to settle for less.

 

I will PM you first set of discovery to send to the attorney's office that filed the lawsuit along with their copy of your answer.

Thank you!

 

re you in county court or district court because of the amount?

I'm not sure why it's in County/District

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Hi there @texasrocker...I received the linked Mediator cover sheet and Scheduling Order (Expedited Action).  An initial trial setting in June next year.

No answers to the previous documents sent, yet.  Assuming perhaps I will receive something with the trial setting happening 6mos from now.

 

Seen this before?

Also, does statute of limitations come into play if this is delayed beyond Oct '16?  (4yr date)
 

 

Link - https://drive.google.com/file/d/0B2AdkMlxn5ACWkx0NjhUTzFHSFE/view?usp=sharing

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This is the first time I have seen reference to an appointed mediator; it is probably just a formality in the district court system.  Look through the TRCP and see what it says about it.  I will look into it later when I have more time.  

 

They have thirty days to answer discovery after they receive it.  They most likely will wait until the last minute. 

 

Statute of limitations applies only to when the lawsuit was filed.

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This is the first time I have seen reference to an appointed mediator; it is probably just a formality in the district court system.  Look through the TRCP and see what it says about it.  I will look into it later when I have more time.  

 

They have thirty days to answer discovery after they receive it.  They most likely will wait until the last minute. 

 

Statute of limitations applies only to when the lawsuit was filed.

Thank you that is what I thought as well on SOL.  30d to answer Discovery also makes sense...again thank you.

 

I'll look through the TRCP as well.

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Hi there @texasrocker...I finally received some documents back in response to my queries.  If you don't mind taking a look, really appreciated.

 

Affidavit of Claim and Certification of Amt Due - https://drive.google.com/file/d/0B2AdkMlxn5ACQXNFWGRIbmxBeU0/view?usp=sharing

Exhibit B - Bill of Sale and Assignment of Assets - https://drive.google.com/file/d/0B2AdkMlxn5ACZHNXLVlyRDBiSXM/view?usp=sharing

Plaintiff Responses to Discovery Requests - https://drive.google.com/file/d/0B2AdkMlxn5ACZXAxRTZxMXRJV0U/view?usp=sharing

Plaintiff Responses to Request for Production - https://drive.google.com/file/d/0B2AdkMlxn5ACWmVQRzJCSy1fbGM/view?usp=sharing

Response to Interrogatories - https://drive.google.com/file/d/0B2AdkMlxn5ACN1FSXzVQaVk2LVE/view?usp=sharing

Response to Request for Admissions - https://drive.google.com/file/d/0B2AdkMlxn5ACamVFQkItRGJsbmc/view?usp=sharing

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Excellent.  They have refused to answer anything regarding how they may have authenticated any of the OC's records.   This will be of great use later for a no-evidence motion for summary judgment.

Send them a letter via certified mail cordially stating that  if they do not produce the forward flow agreement that shows the complete chain of custody of the alleged account within 30 days then you intend to file a motion to compel its production.

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Hello @texasrocker...I received the letter linked below.  I guess this is their answer to the forward flow agreement?  If it doesn't answer, and since it has been 30 days, should I file a motion to compel its production?  

Also - I have a mediation scheduled with them on 4/6 ($500 cost to me).  Is there anything I should prep myself with prior to that?  Court ordered to have before June trial.

 

https://drive.google.com/file/d/0B2AdkMlxn5ACR3F1QXBSM19NbUU/view?usp=sharing

 

Can never thank you enough...

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Yes; they have continued to dodge answering discovery and have completely ignored the request for production of the forward flow agreement. 

I will PM you an example of a motion to compel answers to discovery. 

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This whole mediation thing is new to me but obviously good old common sense is the best way to enter into it.  They will most likely send a local "rent-a-lawyer" who knows absolutely nothing about the case and has just been instructed to negotiate a settlement.  Do not admit to ever having or using the account, (discovery is still in progress) do not agree to any settlements, and definitely bring up the fact that their answers to your discovery show that they have nothing to prove they own the alleged debt and have taken no measures to determine the accuracy of the OC's records.  

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1 hour ago, texasrocker said:

This whole mediation thing is new to me but obviously good old common sense is the best way to enter into it. 

The Judge in JP court yesterday explained that they are now offering mediation in cases where it is appropriate though I have to say she said it was best used in family disputes or "red neck divorces" where an ex BF/GF is suing their former partner.  She did not push it for debt cases but said it was an option.

One thing to know she was VERY clear that evidence is admitted in JP court not based on affidavits but how reliable the court considers the evidence to be.  So if I were being sued for a debt I would aggressively attack the reliability of PRA's evidence including their recent settlement with the CFPB that they usually have NOTHING that is reliable to prove their case.

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2 hours ago, Clydesmom said:

The Judge in JP court yesterday explained that they are now offering mediation in cases where it is appropriate though I have to say she said it was best used in family disputes or "red neck divorces" where an ex BF/GF is suing their former partner.  She did not push it for debt cases but said it was an option.

One thing to know she was VERY clear that evidence is admitted in JP court not based on affidavits but how reliable the court considers the evidence to be.  So if I were being sued for a debt I would aggressively attack the reliability of PRA's evidence including their recent settlement with the CFPB that they usually have NOTHING that is reliable to prove their case.

This is the first time I have seen it but according to the article I posted here on Dec. 15 its history in Texas goes back to 1987.    It also explains that it could be a complete waste of money and resources if no settlement can be reached.  I am assuming that if the defendant had to pay $500 then the plaintiff also must have to pay.  I cannot imagine a JDB paying anything so I am wondering if they will even show up. 

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21 hours ago, texasrocker said:

It also explains that it could be a complete waste of money and resources if no settlement can be reached. 

I believe that is why the Judge only recommended it in family disputes and redneck divorces where a couple if fighting over the sofa etc.

21 hours ago, texasrocker said:

I am assuming that if the defendant had to pay $500 then the plaintiff also must have to pay. 

No.  In Dallas County the cost is $110 and if both parties agree they split it between the two of them.  The Judge even said they try to schedule all arbitration cases on the same day to reduce the cost for everyone.  I don't know if all counties are the same though.

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The court assigned this mediation company and that is the fee they charge...the mediation is scheduled for four hours at a total cost of $1000, split equally between plaintiff & defendant.

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What is the company and what if you don't have $500? Seems a bit outrageous when JAMS arbitration would cost you $250 at most to get into depending on fee provisions in the cardmember agreement. I notice JAMS handles mediation also but can't find their pricing for that.

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The company is Mediators360 and the person that works there was the one that was court appointed by the district judge.

I asked about the rate and they said it is already discounted from their normal rates, etc...

 

As far as not having the $500 - not sure...trying to find that before mediation. :(

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Interesting...just received this in the mail.

Quote

 

"Plaintiff's Notice of Non-Suit"

     COMES NOW Plaintiff, PORTFOLIO RECOVER ASSOCIATES, LLC ("Plaintiff") and, in accordance with the Texas Rules of Civil procedure 162 and 163, provides its Notice of Non-suite of all of its claims against Defendant without prejudice in the above-styled lawsuit.

...

     In accordance with the foregoing authority, Plaintiff hereby provides notice of its immediate non-suit of all claims against Defendant in the above-style lawsuit without prejudice.

 

I verified on the District Court website and it shows the case is closed and suit was dismissed by the Plaintiff.  Does this mean I'm free and clear from the debt buyer PRA??

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Excellent.  JDB forced into a dismissal on a $19,000 lawsuit! 

You are done with them regarding this alleged debt.  They could still resell it to someone else or sue you on a different debt.

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28 minutes ago, texasrocker said:

Excellent.  JDB forced into a dismissal on a $19,000 lawsuit! 

You are done with them regarding this alleged debt.  They could still resell it to someone else or sue you on a different debt.

I can't thank you enough for the help on this... 

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3 hours ago, texasrocker said:

Excellent.  JDB forced into a dismissal on a $19,000 lawsuit! 

You are done with them regarding this alleged debt.  They could still resell it to someone else or sue you on a different debt.

The dismissal was without prejudice.   If it was the first voluntary dismissal, the JDB should be able to refile if it so chooses (although I doubt it would refile).  Or don't TX courts allow it?

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