Jacquephx

Help! Served with Suit - PRA in Collin County Texas

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We were served with a suit today by Portfolio Recovery Associates.  Looking for help on a response.  The particulars are stated below as I have seen others respond in this manner.  We will have two weeks from Monday to respond and we are hoping to eradicate these buggers quickly.  Our situation is different from most I have seen in that we had lots of contact with PRA and also RSEIH (the law firm) prior to the suit.  Any and all help is greatly appreciated.  

Who is the named plaintiff in the suit?

Portfolio Recovery Assoc, LLC

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

Michael J. Garza

Rausch, Sturm Israel Enerson & Hornick LLC

3. How much are you being sued for?

$4921.95

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

Citibank, N.A. (Sears)

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

Served 8/27/16

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

In person

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

I think so.

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? 

Sent a letter to RSEIH (representing PRA) in October of 2014 requesting validation  - also included the line in there about the arbitration clause.  They did not respond.  Then in April of this year they sent us a letter saying we could request copies of documentation relating to our account from PRA.  We sent a letter to PRA in June (CMRRR- stamped 6/7/2016) requesting the info.  RSEIH responded 8/8/16 with a stack of statements from the Sears card, which they said "establish its validity".  RSEIH filed the suit 8/16/2016.

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) 

September 14, 2012

11. What is the SOL on the debt? 

4 years

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?) 

Yes, with all of them

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. 

Yes - they sent a stack of statements from the Sears card but that was all they sent

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? 

14 days


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

none

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@Jacquephx If you're going to stay in court, check the many Texasrocker threads out. If you're going to do arbitration, you'll file a general denial answer with private contractual arbitration as an affirmative defense and file your Motion to Compel Private Contractual Arbitration. That pile of stuff they sent was an unsuccessful attempt to be in compliance with the numerous consent orders Citi and Portfolio are under. See recent thread for filing arb-

 

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