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Texas, PRA Suit, No discovery provided, Trial approaching


jkr9010
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I filed an answer then a petition to file discovery. Had a hearing on my answer and judge allowed the case to continue. She asked to see a draft of the request for discovery. I provided it and was approved to submit it. I did so and it was delivered to the attorney 45+ days ago and I have received no response. I have received notification of a trial date just over a month away. 

Should I file a motion to compel discovery?  If not what should I be ready to say/argue when I come to trial?

Thanks for any help anyone can provide. John

 

1. Who is the named plaintiff in the suit? - PORTFOLIO RECOVERY ASSOCIATES, 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 Dallas, TX / Rausch, Strum, Israel, Enerson & Hornik, LLC
3. How much are you being sued for? - A little over $5,000
4. Who is the original creditor? (if not the Plaintiff) - Chase
5. How do you know you are being sued? (You were served, right?) - Served with Citation and Petition
6. How were you served? (Mail, In person, Notice on door) - In Person
7. Was the service legal as required by your state? - Yes, I believe so.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? - Denial via phone
9. What state and county do you live in? - Texas, Navarro
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - Jan 2013
11. What is the SOL on the debt? - 4 years
12. What is the status of your case? Suit served? Motions filed? - Discovery filed, no response 45+ days, Trial scheduled in a little over a month.
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? - Yes, only verbally, not written
15. How long do you have to respond to the suit? - Trial in a little over a month.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Nothing beyond petition.

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