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Any help greatly appreciated.  Received a very brief Petition served to me 1 week ago that PRA wants $$ from an old Home Depot/Citibank account that we tried to pay in full with HD after falling behind.  My mother was diagnosed with terminal brain cancer and she had no resources other than me to care for her so in the midst of this, working, family, and care, we fell behind.  HD would not accept our payment and said they had sent to collection agency after adding about $350 in  fees.

So now, this.  The only facts are: On or about..... date of last payment (on or about), credit account was closed and charged off, was assigned to PRA, etc.  They are looking for $790 + court costs (50ish $).  THey have not contacted me, as they mention they have under Conditions Precedent. They are stating under E. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant (s) which established the amount due to the Original Creditor and )3) the defendant (s) promised to pay the Original Creditor on the indebtedness.  

Not sure exactly how to respond to this but help is greatly appreciated.  I'm all for paying my bills but this is ridiculous and a frivolous waste of taxpayer $$.  

Please help me!

 

 

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1. Who is the named plaintiff in the suit? Portfolio Recovery Associates

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Enerson & Hornik, LLC

3. How much are you being sued for?$800

4. Who is the original creditor? (if not the Plaintiff) CITIBANK, N.A. (The Home Depot)

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

7. Was the service legal as required by your state? Well uncertain - I asked the process servers name and the name he provided isn't listed in the licensed process server directory for the State of Texas.

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? None

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The date stated was 11/2013 but I'm uncertain of their accuracy

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 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). Suit Served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Can't be certain, lots happening in life during this period

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. Uncertain

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 have until 4/11/16 to answer

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. They attached no exhibits or affadavits

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