Being sued by Portfolio Recovery Associates

[tjohn616]

I answered the complaint and then received an "Order Setting Scheduling Conference." It says that "the parties are ordered to confer before the conference." The conference is set for Dec. 4.

I have not heard from PRA. I called them, but no return call yet. Do I just show up on Dec. 4?

[shellieh98]

@tjohn616 we need more info.  Don't even know what state your in.  Answer the questions pinned at the top of the forum that says "questions to answer when posting a thread" copy and paste the questions here and then answer.

[tjohn616]

I'm in Texas. I don't see the questions. I see rules. Please advise.

Thank you for your time.

[shellieh98]

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

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

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

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

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

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

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.

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? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

[tjohn616]

1. Who is the named plaintiff in the suit?

Tracey Colvin

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

Jennifer Sanders with Portfolio Recovery Assoc

3. How much are you being sued for?

$10,287.85

4. Who is the original creditor? (if not the Plaintiff)

Capital One Bank

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

 

6. How were you served? (Mail, In person, Notice on door)
In  person at my front door of my house.

 

7. Was the service legal as required by your state?
yes

Process Service Requirements by State - Summons Complaint (http://www.creditinfocenter.com/legal/process-service-requirements.shtml)

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
They may have sent me letters saying I owed them, but I did not save them since I knew the card was charged off.

9. What state and county do you live in?
Texas, Dallas County

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

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

Statute of Limitations on Debts (http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml)

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

06/29/2015     NEW CASE FILED (OCA) - CIVIL 06/29/2015     ORIGINAL PETITION

PLAINITIFF'S ORIGINAL PETITION

06/29/2015     CASE FILING COVER SHEET

CASE INFO SHEET

07/14/2015     NOTE - ADMINISTRATOR

SPOKE TO ASHLEY IN P OFC, NO CIT PAID FOR OR ISSUED YET

07/28/2015     NOTICE OF STATUS CONFERENCE HEARING 08/21/2015     Status Conference  (9:00 AM) (Judicial Officer GOLDSTEIN, BONNIE LEE)

RESET IF CITATION ISSUED

08/21/2015     NOTICE OF STATUS CONFERENCE HEARING 08/28/2015     REQUEST FOR SERVICE

ISSUE CITATION

08/28/2015     ISSUE CITATION 09/25/2015     Status Conference  (9:00 AM) (Judicial Officer GOLDSTEIN, BONNIE LEE)

SET BY JUDGE

09/25/2015     NOTICE OF STATUS CONFERENCE HEARING 10/02/2015     CITATION  

ATTY/JG

        Served 10/21/2015     Returned 11/05/2015   10/06/2015     NOTICE OF STATUS CONFERENCE HEARING 10/16/2015     CANCELED   Status Conference  (9:00 AM) (Judicial Officer GOLDSTEIN, BONNIE LEE)

BY COURT ADMINISTRATOR

SET BY JUDGE, OK TO RESET IF CIT ISSUED

11/05/2015     ORIGINAL ANSWER - GENERAL DENIAL

Answer/Response

11/05/2015     NOTICE OF SCHEDULING CONFERENCE 11/05/2015     RETURN OF SERVICE

DECLARATION OF SERVICE OF ; CITATION ; PETITION

11/13/2015     CANCELED   Status Conference  (9:00 AM) (Judicial Officer GOLDSTEIN, BONNIE LEE)

BY COURT ADMINISTRATOR

12/04/2015     Scheduling Conference  (9:00 AM) (Judicial Officer GOLDSTEIN, BONNIE LEE) 12/04/2015     SCHEDULING CONFERENCE

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?

I responded within the 20 days allowed.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits (http://www.creditinfocenter.com/legal/ive-been-sued.shtml)

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

Affidavit with my name, balance, etc.

Bill of Sale that does not have my name on it.

Capital One Cycle Facsimile Report

Status Report for Servicemembers

Civil Case Information Sheet

[tjohn616]

15. The "charges" are:

 

Count 1: Breach of Contract

Count 2: Account Stated

 

They served me with First Discovery Request, Request for Disclosure, Request for Production, Request for Admissions and Interrogatories.

[shellieh98]

You need to answer the discovery. If you don't know how to answer post the questions, and we will help. Is this Justice court? If so they need permission for discovery, if it is county or district court, they don't.

You will want to serve your own discovery on them as well. @texasrocker has some you can use, hopefully he will be along shortly to weigh in.

[tjohn616]

District Court. So, since they didn't contact me to do the scheduling order, I go to the hearing on Dec. 4? Or do i call the court to see if I need to go or not?

I'll post the discovery questions this week. I have 50 days for those.

[shellieh98]

yes you should to go to the scheduling conference.  Just say discovery is ongoing.  If you don't go they may try and set trial on their timeline when they think their discovery will be done. I would make sure and ask for at least 60-90 days out.  This will give you time to send discovery, and compel if they don't comply.

[texasrocker]

Follow my post #5 in this thread-

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

 

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.

 

Check out my post #13 in this thread for a guideline to answering their discovery-

http://www.creditinfocenter.com/community/topic/326545-being-sued-in-texas-by-midland-and-need-guidance/

 

Remove your real name from here.

[tjohn616]

Ok, thank you!

 

This is the latest document I received says:

 

I now received an Order Setting Scheduling Conference and Notice of Policies. It states, "In accordance with Rule 166, 190 and 192 of the Texas Rules of Civil Procedure, the parties or their attorneys are ORDERED to appear for a scheduling conference to address those matters stated in those Rules on the following date and time: December 4, 2015 @ 9:00 a.m., or alternatively dismissal for want of prosecution for failure to comply with the Courts order for the submission and entrance of a scheudling order. The Court prefers that counsel submit an agreed Scheudling Order in lieu of attending the scheduling conference hearing. Upon receipt of the signed oder, the hearing will be canceled."

 

"THE PARTIES ARE ORDERED TO CONFER BEFORE THE CONFERENCE.

 

The conference will not be required if the parties file an agreed scheduling order."

 

 

I haven't heard from Portfolio's Attorney.

[shellieh98]

So just show up at the conference

[texasrocker]

Ok, thank you!

 

This is the latest document I received says:

 

I now received an Order Setting Scheduling Conference and Notice of Policies. It states, "In accordance with Rule 166, 190 and 192 of the Texas Rules of Civil Procedure, the parties or their attorneys are ORDERED to appear for a scheduling conference to address those matters stated in those Rules on the following date and time: December 4, 2015 @ 9:00 a.m., or alternatively dismissal for want of prosecution for failure to comply with the Courts order for the submission and entrance of a scheudling order. The Court prefers that counsel submit an agreed Scheudling Order in lieu of attending the scheduling conference hearing. Upon receipt of the signed oder, the hearing will be canceled."

 

"THE PARTIES ARE ORDERED TO CONFER BEFORE THE CONFERENCE.

 

The conference will not be required if the parties file an agreed scheduling order."

 

 

I haven't heard from Portfolio's Attorney.

Jeez, how many threads are you posting this in?  

 

Definitely go the conference and hope the plaintiff's attorney does not show up.  None of your links are working so I cannot see the details of who they are but I highly suspect it is someone from their office in Virginia so if they appear it will most likely be a local stand-in who has been told to settle with you for less. Deny any knowledge of ever having the account and refuse to negotiate any settlements.  The only settlement you will agree to at this time is a dismissal. 

[tjohn616]

I only posted this here and to Shelie. Sorry if it appeared more. Thank you very much for your advice. I really appreciate it

[tjohn616]

The attorney showed, tried to get me to settle or sign up for meditation.I told him what you said to say. We set a court date in June. Then the judge advised me of what mediation is and left it open if I decide to mediate. What's my next step?

Thank you!

[Clydesmom]

The attorney showed, tried to get me to settle or sign up for meditation.I told him what you said to say. We set a court date in June. Then the judge advised me of what mediation is and left it open if I decide to mediate. What's my next step?

Thank you!

 

You do NOT want to mediate this.  Court mediation is nothing more than an attempt to get cases off the docket and you to agree to a consent judgment.  RARELY does it go in favor of the defendant if ever.

 

The problem you have is for that amount this isn't in Justice or Small Claims Court where the rules are more lax for pro-se defendants. This is in State Court and they will follow ALL the rules and their lawyer will steam roll you just based on knowing all the rules not necessarily being right.  I would consult a lawyer and see about them defending the case.  In 70% or more cases where the defendant hires a lawyer a JDB dismissed because they know they don't have the evidence to prove the case.

[texasrocker]

Wait and see how they answer the discovery. 

[tjohn616]

May I ask how I go about requesting discovery? I don't see it in my messages.

Thank you.

[tjohn616]

I am working on Interrogatories and mine are different than yours. Do you mind looking at my 4? I will send my Original Petition which includes all discovery requests. I appreciate it.

 

Thank you.

[tjohn616]

On your Admissions, what is the one thing you admitted? I want to make sure I don't admit to anything I shouldn't.

 

Thanks.

[tjohn616]

Thank you.

[tjohn616]

Here are my discovery requests:

 

REQUEST FOR DISCLOSURE

(a) the correct names of the parties to the lawsuit;
( the names, address, and telephone numbers of any potential parties;
© the legal theories and, in general, the factual bases of the responding party's claims or
defenses (the responding party need not marshal all evidence that may be offered at trial);
(d) the amount and any method of calculating economic damages;
(e) the name, address, and telephone number of persons having knowledge of relevant facts,
and a brief statement of each identified person's connection with the case;
(f) for any testifying expert:
(1) the expert's name, address, and telephone number;
(2) the subject matter on which the expert will testify;
(3) the general substance of the expert's mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to the control of the responding party, documents reflecting
such information;
(A) all documents, tangible things, reports, models, or data compilations that
have been provided to, reviewed by, employed by, prepared by or for the
expert in anticipation of the expert's testimony; and
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
( the expert's current resume and bibliography;
(g) any indemnity and insuring agreements described in Rule 192.3 (f);
(h) any settlement agreements described in Rule 192.3 (g);
(I) any witness statements described in Rule 192.3 (h);
(j) in a suit alleging physical or mental injury and damages from the occurrence that is the
subject of the case, all medical records and bills that are reasonably related to the injuries
or damages asserted or, in lieu thereof, and authorization permitting the disclosure of
such medical records and bills;
(k) in a suit alleging physical or mental injury and damages from the occurrence that is the
subject of the case, all medical records and bills obtained by the responding party by
virtue of an authorization furnished by the requesting party;
(l) the name, address and telephone number of any person who may be designated as a
responsible third party;

 

 

 

REQUEST FOR PRODUCTION
Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to
the following Request for Production and to produce the documentation requested therein to Plaintiff
through its attorney of record within 50 days after the date of service.
1. Please produce all documents in your possession relating to the Account, including copies
of any account statements, copies of any cards issued on the Account, credit applications,
signed contracts, and/or any terms, conditions, cardholder agreements or any amendments
to the same.
2. Please produce all communications made between you and Plaintiff and/or The Original
Creditor within the four years immediately preceding the date of this lawsuit was filed.
Please include in your response a copy of any request for verification or validation of the
Account.
3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The
Original Creditor objecting to or disputing any terms, conditions, amendments, charges,
purchases, cash-advances, interest rates, late-fees, over-limit fees and/or any other fees
applied to the account.
4. Please produce copies of any documents reflecting any payments made by Defendant or
on behalf of Defendant to Plaintiff or The Original Creditor within the four years
immediately preceding the date of this lawsuit was filed. Please include in your response
copies of any checks, payment confirmations, and/or banking account statements that
reflect payments made to Plaintiff or Original Creditor.
5. If you contend that Defendant does not own the amount claimed by Plaintiff in this
lawsuit and/or that all due payments, offsets, credits and/or deductions in favor of
Defendant have not been applied to the Account, please produce all documents that
support of such contention, including copies of any payments made and/or bank account
statements reflecting payments made.
6. If you contend that Defendant did not owe a balance on the Account to The Original
Creditor at the time the Account was closed, please produce all document in support of
this contention.
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this
lawsuit as a result of identity theft and/or fraud, please produce all documents in support
of this contention.
8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair
Credit Reporting Act, the Texas Debt Collection Act, the Texas Finance Code, the Texas
Deceptive Trade Practices Act or any other Federal or State statute, including the Texas
Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code, in
connection with the Account, please produce all documents in support of your contention.
9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or
taken any false or deceptive actions with respect to the Account, please produce all
documents in support of your contention.
10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection
efforts with respect to the Account, please produce all documents in support of your
contention.
11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please
produce all documents upon which you base such claims.
12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all
documents reviewed and/or relied upon at the time you filed the counterclaims. If an
investigation was performed by Defendant's counsel prior to filing the counterclaim,
please provide all documents that were reviewed as part of the investigations that are not
subject to privilege.

13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of
limitations, please produce all documents in support of your contention, including any
documents showing when you contend the last payment was made on the Account or
when the last purchase/charge was incurred on the Account.

14. If you have asserted any affirmative defenses in response to this lawsuit, please produce
all documents in support of each affirmative defense asserted.
15. If you contend that Plaintiff is not the current holder of the Account or does not have
standing to bring this lawsuit, please produce all documents in support of your
contention, including specifically, any demands or notices received by you from any other
party seeking to collect on the Account.

 

REQUEST FOR ADMISSIONS

1. As of the date Plaintiff's Petitions was filed Defendant owed Plaintiff $10,287.85 on the
Account.
2. Defendant made use of the Account as identified in Plaintiff's Original Petition and
defined herein to make purchases and/or obtain cash advances within the four years
immediately preceding the date this lawsuit was filed.
3. Defendant was notified of all changes to the applicable interest rates, late fees, over-limit
fees and other fees and/or penalties that could be assessed to the Account.
4. Defendant was provided with a copy of the applicable terms and conditions and/or
cardholder agreement for the Account.
5. Defendant did not object to the applicable terms and conditions and/or cardholder
agreement for the Account prior to making use of the Account.
6. The Original Creditor permitted Defendant to defer payment for purchases and/or cash
advances made on the account.
7. Defendant did not object to any interest rates, late-fees, over-limit fees and other fees
and/or penalties assessed on the Account.
8. During the life of the Account, Defendant regularly received monthly account statements
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
that accurately set forth all purchases, transactions, payments, credits, debits, deductions
late-fees, over-limit fees, other fees, penalties and interest rates applied to the Account in
the corresponding billing cycle.
9. Defendant never objected in writing to any of the purchases, transactions, payments,
credits, fees, penalties and/or interest rates reflected on the monthly account statements
for the Account.
10. Defendant has made at least one payment to the Original Creditor for charges incurred on
the Account within the four years immediately preceding the date this lawsuit was filed.
11. Defendant ceased making payments on the Account.
12. At the time Defendant's last payment was applied to the Account a balance remained
owed on the Account.
13. Defendant received a demand letter for payment from Plaintiff or Plaintiff's attorney prior
to the filing of this lawsuit.
14. All due payments, credits, deductions and/or adjustments in favor of Defendant have been
applied to the Account.
15. Plaintiff is the current owner of the Account

 

 

PLAINTIFF'S FIRST SET OF INTERROGATORIES
1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the
factual basis for your denial.
2. Please state the factual basis for any affirmative defenses you have asserted in this
lawsuit.
3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in
this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know
the actions or omissions allegedly committed by Plaintiff that serve the basis of the
counterclaim(s), when they were allegedly committed, and the name(s) of the person who
committed them.
4. If you have filed a counterclaim(s) against Plaintiff in this lawsuit, please state the steps
taken and/or investigation conducted to determine the validity of the such claims prior to
filing such counterclaim(s).
5. If you contend that you have received any demands for payment on the Account from any
entity other than the Plaintiff, the Original Creditor and/or their authorized attorneys or
representatives within the 12 months preceding the filing of this lawsuit, please identify
such entity, the approximate date the demand was made, and how the demand was made
(ie - in writing via mail, over the telephone, etc.). If you have not received any demands
for payment from any entity other than Plaintiff and/or its attorneys within the 12 months
preceding the filing of this lawsuit, please answer "NONE".

[tjohn616]

I used the guideline, but my questions did not line up exactly with the ones in the guideline. Some of mine had more questions and some had less, so I didn't know if I answered them correctly. This is why I posted mine in the post before this one.

 

Thank you.

[tjohn616]

 

I have gone through all the stages including answering their requests for discovery, going to court and talking to their attorney about not settling, received a court date in June, asked and received their answers to my request for discovery. My question is, do I contact their attorney to set up a mediation, or just go to court next month and see how the judge rules?

[tjohn616]

I just went online to change my address and saw that my case is now closed because they had a Summary Judgement hearing that I didn't get a notice about. The notice must have gone to my old address. Now, there is a judgement against me. What do I do now?