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Sued By Portfolio Recovery in Tarrant County, TX


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Hi,

I'm being sued by Portfolio Recovery Associates in Tarrant County, TX.  I was served last Monday in person at my home.  It was from the Justice Court. I've searched and found this forum and read through a couple similar cases. I am posting this in hopes I can obtain some help and guidance on how to proceed. I intended to file an Answer posted by @texasrocker in the  "Served by Midland Funding LLC - Parker County, TX" thread since this is a JP Court. Is that the correct answer to file? Please help. 

Below will explain my summons in more detail:

 

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?

            $ 2496.11

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

            CITIBANK NA  (Best Buy)

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

            Was Served citation 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?

           Yes

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.

9. What state and county do you live in?

            Texas, Tarrant County

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

            I have no idea

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).

            It's still showing unserved online but I think it's not update.

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 04/04/16 @ approximately 20.00 hrs. (Monday).

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 citation. 

 

Copy of what I was served

Citation

Portfolio recovery associates

-vs- 

me

Notice to defendant: "You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file a  answer with the court. Your answer is due by the end of the 14th day after the day you were served these papers. If the 14th day is a Saturday, Sunday, County Holiday, or on a day that the court closes before  5:00 p.m. your answer is due on the next business day. Do not ignore these papers. If you do not file an answer by the due date, a default judgement will be taken against you. For futher information, consult part V of the Texas Rules of Civil Procedure, which is available online and also at the court listed on this citation." Upon timely request, no later than 14 days before the day set for trial, and payment of a $22.00 jury fee, this case will be heard by a jury" 

THE OFFICER EXECUTION THIS WRIT SHALL PROMPTLY SERVE THE SAME ACCORDING TO REQUIREMENT OF LAW, AND THE MANMDATES HEREOF, AND MAKE DUE RETURN AS THE LAW DIRECTS.

GIVEN UNDER MY NAME THIS 18TH DAY OF MARCH, 2016

( then is notorized)

 

 

page 2

Portfolio Recovery Associates LLC

-vs-

me

 

Plaintiffs Original Petition

A. Parties

1. The address for Plaintiff

2. Defendant, me, 

B. Jurisdiction

3. Plaintiff seeks only monetary relief of $1000,000 or less, including damages of any kind, penalties, costs and expenses.

4. Plaintiff asserts that the above-named court has Jurisdiction over the subject matter of this case and the person(s) of the defendant(s)  and that the damages sought are within the jurisdictional limits of this court.

C. Venue

5. Venue of this action is proper in the county named above because defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of suit.

D. Facts

6. On or about July 21, 2007, defendant(s) opened a credit account with CITIBANK, N.A. (BEST BUY) in the defendants name under its account number ending in ( not listing). Defendant used the account and thereby became obligated to pay for the entire balance owed on the credit account.  Plaintiff records indicate defendants last payment on the account occurred on August 8, 2014. Defendants defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit ans loss on or about April 5, 2015.  On or about June 8, 2015, CITIBANK, N.A. (BEST BUY) assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of Defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full.

7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by defendant on the account is $ (not listing).

8. The Plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, and refused to pay the amount requested.

9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.

E. Account Stated

10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant which established the amount due to the Original Creditor, and (3) the defendant promised to pay the Original Creditor on the indebtedness.

F: Damages

11. Plaintiff seeks damages on its liquidated claim in the amount of at least $(not listing), which is within the jurisdictional limits of this court.

G Conditions Precedent

12. All conditions precedent to plaintiffs claim for relief have been performed or have occurred.

H. Miscellany

13. The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorney are debt collectors.

I. Prayer

14. For these reasons, Plaintiff asks that the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against Defendant for the following:

a. Actual damages in the amount of $ ( not listing)

b. Court costs

c. All other relief to which plaintiff is entitled

 

then its signed by the attorneys

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Hi,

I've prepared both the Answer and Motion to Conduct Discovery. Could someone please look it over and see if it's the correct one to submit to the court? Also, do I submit the Motion to Conduct Discovery to the court clerk at the same time? Any help would be appreciated. Thank you.

@texasrocker

PRA-2.pdf

PRA-Motion of Discovery-2.pdf

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Each court is different.  Before you submit it ask the clerk what their procedure is for requesting  approval to begin discovery.  Sometimes they will want to see the discovery you plan to send, others may just say go ahead and start it.  

If they ask to see it then I can PM it to you otherwise let me know when you have been granted permission and I will send it at that time.  

Regardless, make sure you get your answer filed before the deadline and remember to send a copy via certified mail to the attorney's office that filed the lawsuit.

 

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On 4/14/2016 at 6:27 PM, texasrocker said:

Each court is different.  Before you submit it ask the clerk what their procedure is for requesting  approval to begin discovery.  Sometimes they will want to see the discovery you plan to send, others may just say go ahead and start it.  

If they ask to see it then I can PM it to you otherwise let me know when you have been granted permission and I will send it at that time.  

Regardless, make sure you get your answer filed before the deadline and remember to send a copy via certified mail to the attorney's office that filed the lawsuit.

 

Submitted both the Answer and Motion to Conduct Discovery today.  Now just waiting for the approval I guess. Thanks for the advice. I'll post here once I got the approval.

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  • 1 month later...

I got a Notice of pre-trial hearing from the court for next monday. I did not get an approval letter for the Motion to Conduct Discovery that I submitted when submitting the answer. Does it mean that I'll have to submit the Motion to Conduct Discovery again during the pre trial? What should I expect during the hearing?

I read from another post that the court ordered a mediation during the trial and if that happens to me, should I file for arbitration? i am really lost here,  any help would be appreciated. 

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On 6/7/2016 at 6:45 AM, texasrocker said:

Call the clerk and ask for a continuance on the hearing as you have not yet been able to conduct discovery.   Ask when they are going to decide on the motion.

Just got back from the court and the clerk said that the judge will decide on the motion during the pre trial. She also said that I can show the judge the discovery during the pre trial. Could you please PM me the discovery so that i can show it to the judge if he request it during the pre trial?

What do they do during the pre trial then? Do the judge just set the trial date and that's it or he'll require something else?

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  • 2 weeks later...

Just got the mail from the court for the court date and the approval to conduct the discovery. Basically what happened at the court was the judge seems to prefer to have the case settle out of court instead of a trial. He had some notes on the answer that I submitted and said he haven't seen these answer with all these fancy language for awhile and people mostly just submit a very simple answer. There were 5 other person on that day for pre-trial with the same lawyer so it took awhile. I told the judge that I disputed the claim and asked for an approval to conduct discovery. He looked at the documents the plaintiff lawyer have on hand (which are the bill of sale and a couple months of statement) and told me that's what the court will only need. So I showed him my discovery and he said he'll approve for a Level 1 discovery. 

So, does that means all the plaintiff need to show the court on trial day are just the bill of sale and statements and that'll be sufficient and can just ignore my discovery? The judge sounds like that's all it's needed to make a judgement but he also said that I do not need to do anything and the plaintiff have to proof the case. Also, I handed my discovery to the plaintiff lawyer in front of the judge. Do I still need to send them one  certified mail?

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