jloves Posted June 21, 2016 Report Share Posted June 21, 2016 Hi, I am currently being sued by Portfolio Recovery Associates, LLC in the state of Texas. Can anyone help me write a response to the summons? Quote Link to comment Share on other sites More sharing options...
jloves Posted June 21, 2016 Author Report Share Posted June 21, 2016 Here is the response format that I saw others filling out in this forum. 1. Who is the named plaintiff in the suit? I am. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates, LLC PO Box 12914, Norfolk, VA 23541 3. How much are you being sued for? $2,178.46 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Paypal) 5. How do you know you are being sued? (You were served, right?) Had to go to the County Clerk’s office to receive the papers from a man who works there and moonlights as a process server. 6. How were you served? (Mail, In person, Notice on door) Received a notice on the door. Called the number and was asked if I could pick it up the next day at the County Clerk’s office. 7. Was the service legal as required by your state? Yes. It was picked up in person. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Unknown. They attempted calling in the past, but I did not know them. Probably had lost letters since I’ve moved quite a bit due to job change. 9. What state and county do you live in? Howard County, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the complaint, January 8, 2014 11. What is the SOL on the debt? To find out: 4 years. 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).Suit served. 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’m preparing my answer now. I have 20 days, and then the first Monday following that by 10 am, according to the papers I received. I was served on 6/16/16. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I received a copy of the lawsuit, I’m assuming. I did not receive a copy of anything else. There is a section that shows my account number as: ************6586. Quote Link to comment Share on other sites More sharing options...
sadinca Posted June 21, 2016 Report Share Posted June 21, 2016 Please stay on line, a Texas rep will assist you shortly. (hehe always wanted to say that) @TomnTex@Clydesmom @texasrocker 2 Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 21, 2016 Report Share Posted June 21, 2016 What court is it in and what is the name of the law firm that filed it? Quote Link to comment Share on other sites More sharing options...
jloves Posted June 22, 2016 Author Report Share Posted June 22, 2016 The court is 118th District Court of Howard County, Texas The lawfirm is Fallon R. Hamilton 15660 N Dallas Parkway Suite 350 Dallas, TX 35248 Quote Link to comment Share on other sites More sharing options...
debtzapper Posted June 22, 2016 Report Share Posted June 22, 2016 7 hours ago, texasrocker said: What court is it in and what is the name of the law firm that filed it? TR, We need to clone you. Whole lotta TX OPs here lately. Your specially modified Model 1892 Winchester must be smoking hot by now. Quote Link to comment Share on other sites More sharing options...
jloves Posted June 24, 2016 Author Report Share Posted June 24, 2016 @texasrocker, did I answer your questions? Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 24, 2016 Report Share Posted June 24, 2016 On 6/21/2016 at 8:26 PM, jloves said: The court is 118th District Court of Howard County, Texas The lawfirm is Fallon R. Hamilton 15660 N Dallas Parkway Suite 350 Dallas, TX 35248 She is an associate of Rausch, Sturm, Israel, Enerson & Hornik. Follow what I told the person in this recent thread. The only difference is that you are not required to get the court's approval to conduct discovery since your case is not in a JP court. I will PM you first set of discovery to send to the plaintiff's attorney to include with their copy of your answer. http://www.creditinfocenter.com/community/topic/327714-being-sued-by-portfolio-recovery-assoc-in-texas/#comment-1343459 2 Quote Link to comment Share on other sites More sharing options...
jloves Posted June 24, 2016 Author Report Share Posted June 24, 2016 @texasrocker, I don't know what to say or do to thank you for your help. I really appreciate this! Quote Link to comment Share on other sites More sharing options...
debtzapper Posted June 24, 2016 Report Share Posted June 24, 2016 @jloves I am sure texasrocker appreciates your thanks. Just do exactly what he tells you and see this thing through. Quote Link to comment Share on other sites More sharing options...
jloves Posted August 16, 2016 Author Report Share Posted August 16, 2016 They dropped the case!! 2 Quote Link to comment Share on other sites More sharing options...
sadinca Posted August 16, 2016 Report Share Posted August 16, 2016 Congrats!!!! two victories today!! one in CA and one in TX!!!! 1 Quote Link to comment Share on other sites More sharing options...
texasrocker Posted August 16, 2016 Report Share Posted August 16, 2016 Excellent! Quote Link to comment Share on other sites More sharing options...
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