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Sued by PRA.. Help please.


atsy16
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I've been reading, browsing the forum for few days and I still don't know the best way to answer PRA petition.

I hope someone can help me. I am zero knowledge about this. So please, any help will be great. @texasrocker

 

1. Who is the named plaintiff in the suit?

PRA

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?

$2,300

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

SYNCHRONY BANK (store name)

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 Harris County

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

Don't remember. Probably Between October - December 2014 but in plaintiffs petition said that my last time payment was December 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

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

 

 

PLAINTIFFS ORIGINAL PETITION:

1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court.  Along with the name and address of the Plaintiff (attorney).  Signed by the clerk of the court.

2. Then a Petition with a stamp date on it Oct 2016.   

It shows as follows:

A. Parties

1. states plaintiff and address

2. states my name and address

B. Jurisdiction

3. Plaintiff seeks only monetary  relief of $100,000 or less, including damages of any kind, penalties, cost and expenses

4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant and that the damages sought are within the jurisdictional limits of the court.

C. Venue

5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of suit.

D. Facts

6. On or about March XX, 2011, Defendant opened a credit card account with  XXXXX SYNCHRONY BANK (STORE NAME) in the Defendant's name under its account number ending in ------------xxxx  Defendant used the account and thereby became obligated to pay for the balance owed on the credit account.  Plaintiff's records indicate Defendant's last payment on the account occurred on December XX, 2014.  Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled.  The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about August X, 2015.  On or about September XX, 2015, SYNCHRONY BANK(STORE NAME) assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit.  The balance remaining on the credit account is presently due and payable in full.

7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $2,300.

8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full.  The defendant have failed, neglected, ad refused to pay the amount requested.

9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.

E. Accoun Stated

10. Plaintiff is entitled to recover on the account because (1) transactions between the original creditor and defendant gave rise to the indebtedness, (2) there existed an agreement between the original debtor and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the original creditor on the indebtedness.

F. Damages

11. Plaintiff seeks damages on its liquidated claim in the amount of at least $2300, which is within jurisdictional limits of this court.

G. Conditions Precedent

12. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred.

H.  Miscellany

13. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose.  Plaintiff's attorneys are debt collectors.

I. Prayer

16. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following.

a. Actual damages in the amount of $2,300

b. Court Costs

C. All other relief to which plaintiff is entitled.

Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LLC

By: ORIGINAL COPY SIGNED

(List of Attorneys?)

 

 

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I don't know any TX specific laws other than there is a state statute that mirrors the FDCPA with perhaps a few extra requirements for debt collectors.  But since you have been sued, I would look into arbitration.  Synchrony card agreements have an arbitration clause using JAMS.  JAMS will cost PRA $5,000 just to get started and they won't pay it and instead will refuse to arbitrate.  I would file an answer denying all of the allegations in the PRA complaint and follow it with a Motion to Compel Private Arbitration (MTC).  This motion is essentially asking the court to order the parties to arbitration as stated in the card agreement.  Once the court orders arbitration, the court no longer has jurisdiction to hear the case and since PRA will not want to pay for arbitration their only other option would be to dismiss the case (otherwise they will be in violation of the court's order to arbitrate).  There are many threads around here regarding arbitration.  I will post a sample MTC below. Don't just copy/paste it, please make sure you understand what it is saying and what you are asking of the court before you file it.  You will need to change the sample to fit what the Synchrony card agreement actually says and the specifics of your actual case.

 

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING
ARBITRATION

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant.

2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).

3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.


5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

7. The Defendant elects arbitration to settle this dispute.


WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.



Respectfully submitted this day ________________, 2014


(Your name typed), Defendant, pro se

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5 hours ago, fisthardcheese said:

I don't know any TX specific laws other than there is a state statute that mirrors the FDCPA with perhaps a few extra requirements for debt collectors. 

It does but it is useless once a suit is filed.  It allows TX residents to dispute at ANY time not just in the 30 day window provided they invoke that TX law Finance Code 392 when they dispute.  

5 hours ago, fisthardcheese said:

But since you have been sued, I would look into arbitration.  Synchrony card agreements have an arbitration clause using JAMS.  JAMS will cost PRA $5,000 just to get started and they won't pay it and instead will refuse to arbitrate. 

However, there is one new caveat in Texas Justice Courts:  the majority of them now have mandatory court mediation similar to Washington State.  It is VERY likely that the court orders this to mediation FIRST at a split expense to both parties.  The OP needs to be prepared to argue with case law on the motion why private contractual arbitration should be done because that court ordered mediation is $500 split between the 2 parties and PRA will do it.

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Thanks for the reply... I was about to give my answer to the court today. Which I  denied all the allegations and request for Discovery.

Then  I read about this.

I will try to read some more.. about arbitration ( Since I still have few days till my due date)

Can court denied your request to do arbitration? If so, what is the next thing to do? I read about that you cannot request Discovery anymore if you do Arbitration.

 

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