breturbo

Sued By Portfolio Recovery on behalf of Synchrony Bank, Dallas County

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I have searched but I cannot seem to find out exactly what to do, I am posting this in hopes I can obtain some help on how to proceed.  I do not want to wait too long to file an answer.  Please Help!!

 

1. Who is the named plaintiff in the suit?

            Portfolio Recover Associates LLC

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

            Atty, Raush Sturm Israel Enerso & Hornick LLC

            15660 N Dallas Pkwy Ste 350 Dallas, Tx 75248

3. How much are you being sued for?

            $ 1123.79

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

            Synchrony Bank  (Lowes)

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

            Was Served paperwork stating I was being sued.

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

            In person at my door.

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

            I answered the door and received the paperwork

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

            I had no interaction with PRA to my knowledge.

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)

            March 15,  2015

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

            4 years for Texas I believe

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).

            Cannot seem to find info online and court house is closed.

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

            No I have not disputed any of the debt.

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 I did not send a debt validation.

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 must respond within 14 Days. Receive notice on 04/08/16 @ approximately 1800 hrs. (Friday).

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

            Nothing else was sent with the summons. I have attached pics of all that I have received.

 

 

I am attaching the files of the paperwork I received. I need some help in understanding what I can do. 

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13 minutes ago, breturbo said:

Cannot seem to find info online and court house is closed.

You are in Justice Court and that docket is not on line.  

Synchrony has an arbitration clause in its card agreement.  File the answer denying the debt/jurisdiction of the court.  At the same time you can file a Motion to Compel Arbitration per the terms of the card agreement that belongs to the alleged account.  The court should hear the motion at the pre-trial hearing which will take about a month to set a date for.  If the MTC arbitration is denied you can ask for permission to do discovery at the pre-trial hearing.  Justice Court requires the court approval for discovery.  You can also google the Texas Rules of Civil Procedure.  Justice Court is the 500 section.

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