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Sued by PRA in Williamson Cty, Texas


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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.)

RAUSH, STURM, ISRAEL, ENERSON & HORNIK LLC

3. How much are you being sued for?

$1700

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

CAPITAL ONE BANK (USA) N.A.

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

SERVED

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

In Person

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?

NONE

9. What state and county do you live in?

Texas - Williamson County

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

July 2014

11. What is the SOL on the debt? 

4 Years

12. What is the status of your case? Suit served? Motions filed? 

Suit Filed/Served/Answer Due

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? 

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?

14 Days, No questionnaires or any other documents attached other than original petition

16. What evidence did they send with the summons? 

None

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We have since filed our answer with the JP court (using the template by texasrocker) and have asked how to get approval to request discovery. According to the clerk, we need to file a motion for discovery, which can be done either ahead of time by filing it with the clerk, or at the pre-trial hearing. I'd definitely like to get this show on the road and file it ahead of time, so I'm reaching out here to see if anyone can assist us in the discovery process. Thanks in advance!

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Hi debtfretter, 

I've recently went through the discovery process in a JP court and here are the steps I took:

1. File a motion seeking the court's permission to conduct discovery almost immediately after filing an answer, take three copies of the motion with you. Ask the clerk to stamp all three, then leave one copy for the court, keep one copy for yourself, and mail a copy to the Plaintiff's lawyer via USPS Certified Mail Return Receipt Requested.

I used @texasrocker motion found here: 

2. After filing your motion seeking permission for discovery talk with the clerk, you need to find out if the court will automatically set a pretrial hearing or not. If the court doesn't you need to write a letter to the judge requesting a pretrial hearing regarding your motion for permission to conduct discovery.  Again take three copies of the letter, Ask the clerk to stamp all three, then leave one copy for the court, keep one copy for yourself, and mail a copy to the Plaintiff's lawyer via USPS Certified Mail Return Receipt Requested.

 

3. SHOW UP FOR THE HEARING, if the court grants your motion reach out to @texasrocker

 

I'm not a lawyer and no expert by any means at this so you may want to wait and see what @texasrocker says.

 

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I've attached a (really crappy, sorry) copy of the complaint we were served. It's a copy of a copy, redacted and then scanned, so the quality isn't the best. Hopefully it's legible enough.

As for the answer we filed, I left that at home, but it's literally the same thing that @texasrocker has suggested, with the language specific to our case inserted in.

Thanks for pointing out where to find the motion to request discovery!

20161006100426144.pdf

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  • 1 month later...

Hi all,

My husband has been having some pretty scary health issues so this has taken a back seat. I realize that's definitely not a way to go about things, but it feels like literally everything has been crashing down around us lately and we're scrambling. Our motion hearing is on the 8th and I am currently trying to figure out how to file a motion to request discovery (we have to get approval to request initially, if I understand correctly. I will ask for assistance on what specifically to request if/when that gets approved). If anyone can assist with this process I would be so grateful.

Also, can anyone tell me what to expect from the motion hearing? I'm trying my best to research this while I work but it's slow going and I can't get a clearcut answer from my Googling.

As always, your help is appreciated!

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