TXPost

Being sued by PRA in Texas

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 Not sure where to go from here. 

 
I received a Civil Citation for a Debt Claim Case
 
1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates LLC assignee of Synchrony Bank (Lowes)

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

3. How much are you being sued for?
$2500

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?)
Person came to door and handed me the citation 

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? 
Do not know, man just handed it to me and left

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Never spoke with them

9. What state and county do you live in?
Texas Lubbock County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Through the credit card company, 2/2015
Collection agency, NEVER

11. What is the SOL on the debt?
4 years in Texas

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).
PETITION FILED
CV-CITATION DEBT CLAIM-NO SERVICE FEE
Status: Active

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 I did not speak or respond with them ever.
 
15. How long do you have to respond to the suit? (This should be in your paperwork). 
14 days from date I was served 9/28/16

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? NO

 

 

 

 

 

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@TXPost here are a couple of threads by Texasrocker with the same basic scenario as you have. Check them out and post back if you have questions.

 

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Did they file it in the right venue?

See

http://www.txstate.edu/prospectiveflash/tjctc/uploads/Proposed Rules.pdf

 

RULE 510. VENUE
Comprehensive laws regarding where a lawsuit may be brought may be found in Chapter
15, Subchapter E
of the Texas
Civil Practice and Remedies Code, which is available
online at www.
therules.com
and also is available for examination during the court’s
business hours.
Generally, a defendant in a small claims case or debt claim case is entitled
to be sued in
one of the following venues:
(a)
In the county and precinct where the defendant resides;
 
 
(b)
In the county and precinct where the incident, or the majority of incidents, that
gave rise to the cause of action occurred;
 
 
(c)
In the county and precinct where the contract or agreement, if any, that gave rise
to the cause of action was to be performed; or
(d)
In the county and precinct where the property is located, in a suit to recover
personal property.
If the defendant is a non-
resident of Texas, or if defendant’s residence is unknown, the
plaintiff may file the suit in the county and precinct where the plaintiff resides.
 
If a plaintiff files suit in an improper venue
, the defendant may file a Motion to Transfer
Venue under Rule 522. If the case is transf
erred, the plaintiff is responsible for the filing
fees in the new court and is not entitled to a refund of any fees already paid.
RULE 522
. MOTION TO TRANSFER VENUE
(a)
Motion.
If a defendant wishes to challenge the venue the plaintiff selected, the
defendant may file a motion to transfer venue. This motion must be filed no later
than the 20
th
day after the day the defendant’s answer is filed under Rule 516, and
must contain a sworn statement that the venue chosen by the plaintiff is improper.
The motion must also contain a specific county and precinct of proper venue to which
transfer is sought. If the defendant fails to do so, the court must
inform the defendant
of t
he defect and allow the defendant 10 days to cure the defect. If the defendant fails
to correct the defect, the motion wil
l be denied, and the case will proceed in the
county and precinct where it was originally filed.
 
 

Have you considered filing a No Evidence Motion for Summary Judgment on PRA?

See Page 477

http://www.haynesboone.com/~/media/files/attorney publications/2006/summary_judgments_in_texas.ashx

 
B.
“No-Evidence” Summary Judgments
Under the no-evidence summary judgment rule, a party without the
burden of proof at trial may move for summary judgment on the basis that
the nonmovant lacks evidence to support an essential element of its claim or
affirmative defense.
 

...

A no-evidence summary judgment is proper when:
(a) there is a complete absence of evidence of a vital fact, (b) the
court is barred by rules of law or evidence from giving weight to the
only evidence offered to prove a vital fact, (c) the evidence offered to
prove a vital fact is no more than a mere scintilla, or (d) the evidence
conclusively establishes the opposite of the vital fact.
 

 ...

In determining a “no-evidence” issue, the courts consider only the
evidence and inferences that tend to support the finding and disregard all
    evidence and inferences to the contrary.
 
In your case the no-evidence can/may be to follow money trails/lack of it as below....
 
1. No proof that the Plaintiff paid for the claimed assignment/is the proper party to bring the suit/no proof that an assignment ever took place between bank and the plaintiff.
2. No proof that defendant signed for anything/used the card/signed charge slips with with his signature matching original credit card application signature.
3. No transaction-chain or proof that the merchant was paid by bank for claimed use of card under account stated basis. No proof defendant received goods/services, that merchant was paid by bank, that bank mailed statements to defendant, defendant received statements, that bank was not paid.
 
Account stated? Why do they use?  See for example....
 
 
Creditzar. No legal advice provided. Opinions/information only. This should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction. Consult an attorney if you want legal advice.
 

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@TXPost do NOT listen to @creditzar this is nothing more than a spammer for a credit repair company.  First he is not even from Texas.  

Texas Justice Court will NOT grant a motion for summary judgment (actually no Texas Court will) if the other party simply opposes the motion.  The ONLY way a MSJ is granted in Texas is if the other party doesn't object and doesn't show up for court.  PERIOD.

PRA is easily defeated and so is this law firm.  They are a bottom feeder who robo-files hundreds if not thousands of suits every year.  Simply file a motion to compel private contractual arbitration in JAMS and PRA/RSIEH will fold.  They don't want to go against anyone who fights back they are after the low hanging fruit of the default judgment.  Once they figure out you will fight back they will cave.

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@creditzar

"After adequate time for discovery, a party without the burden of proof at trial may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense."

Discovery has not yet taken place as the defendant was just served.

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9 hours ago, BV80 said:

"After adequate time for discovery, a party without the burden of proof at trial may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense."

Technically under the rules, yes they can.  However, I have tried a pro-se case in TX and several attorney friends forewarned me when I filed my MSJ that it would not be granted.  TX courts do NOT grant a MSJ if the other party objects to it no matter what evidence you have attached.  "Lack of evidence" for one or more elements won't it dismissed either.  The judge's opinion is that this is a matter of fact to be settled at trial.  

When I asked the Judge in my case (after she denied my MSJ) she confirmed everything my attorney friends had stated about the TX courts.  Worrying about a MSJ in TX is a waste of time.

9 hours ago, BV80 said:

Discovery has not yet taken place as the defendant was just served.

Discovery won't take place in a case in Justice Court until the court approves it.  You have to get permission of the court to do discovery but it is typically granted.  Once granted you have to actually SERVE it on the other party through the court for them to have to comply.  The permission isn't enough to just mail it.

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I'm at a loss on what I need to say when I go to courthouse. I saw the other forums and what Texasrocker had posted and said to copy but wasn't sure that all of that would apply to my case. 

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They are suing you on several counts, including account stated, so I would say yes, the things @Texasrocker posted would apply.  You need to ask permission for discovery, so follow the the advice in his thread, he walks you through it.  Questions outside what he says to do, post here.  He has helped a ton of people from Texas.  I would trust his advice.

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       I was saying the other day how many TX threads we get and how busy @texasrocker  is with his regular jobs, but hopefully he can find a way to advise you.  In the meantime, just read his past comments.  Here is a recent thread in which he helped a TX defendant to win.

By cshot37, March 11

 

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On 9/29/2016 at 5:04 PM, TXPost said:

I'm at a loss on what I need to say when I go to courthouse. I saw the other forums and what Texasrocker had posted and said to copy but wasn't sure that all of that would apply to my case. 

Yes it will apply to your case and any other lawsuit filed by a JDB in a JP court in Texas.    Rausch, Sturm, Israel, Enerson & Hornik is the wimpiest and laziest law firm in this state.  They have always dropped the lawsuit in lieu of answering discovery.

 

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On 10/1/2016 at 8:13 AM, texasrocker said:

Yes it will apply to your case and any other lawsuit filed by a JDB in a JP court in Texas.    Rausch, Sturm, Israel, Enerson & Hornik is the wimpiest and laziest law firm in this state.  They have always dropped the lawsuit in lieu of answering discovery.

 

Thank you, TR.

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