S.C.M Posted January 2, 2017 Report Share Posted January 2, 2017 Well I just found out that I will be getting served to appear at court. I received a letter from Johnson & Brayn Debt consultants that a lawsuit against me was filed on Dec 29, 2016. However, I have not been personally served, or are there any other forms of serving? I also checked online at the county website, and was able to confirm the validity of the lawsuit. I find it odd that the letter I received obtain the lawsuit information right away. At the county website the citation states that it's unserved? Does that mean that they attempted and because no one was at the house, that they will try again? Or what should I do? Any help would be appreciated, thanks in advance. I will update as I obtain more information. I wanted to upload the documents, but I don't know how to redact with my phone. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 2, 2017 Report Share Posted January 2, 2017 2 hours ago, S.C.M said: Well I just found out that I will be getting served to appear at court. I received a letter from Johnson & Brayn Debt consultants that a lawsuit against me was filed on Dec 29, 2016. However, I have not been personally served, or are there any other forms of serving? I also checked online at the county website, and was able to confirm the validity of the lawsuit. I find it odd that the letter I received obtain the lawsuit information right away. At the county website the citation states that it's unserved? Does that mean that they attempted and because no one was at the house, that they will try again? Or what should I do? Any help would be appreciated, thanks in advance. I will update as I obtain more information. I wanted to upload the documents, but I don't know how to redact with my phone. "Unserved" could mean that they unsuccessfully tried to serve you, but it may also mean that they haven't tried yet. There are other forms of service, so you need to read your court rules in order to find out any other types of service and what, if any, requirements are placed on those types of service. For instance, in my state, one can be served by certified mail, but a default judgment would not be allowed unless the plaintiff has the defendant's signature (or signature of another authorized person) on the return receipt. Calling @texasrocker Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 2, 2017 Author Report Share Posted January 2, 2017 2 hours ago, BV80 said: "Unserved" could mean that they unsuccessfully tried to serve you, but it may also mean that they haven't tried yet. There are other forms of service, so you need to read your court rules in order to find out any other types of service and what, if any, requirements are placed on those types of service. For instance, in my state, one can be served by certified mail, but a default judgment would not be allowed unless the plaintiff has the defendant's signature (or signature of another authorized person) on the return receipt. Calling @texasrocker I haven't received anything else so I'll call the county tomorrow and see what they tell me. Thanks for the reply! I though about contacting the consultants, but I have a few concerns especially when they notified me before I'm served so I'm not sure if they are working together with PRA. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 2, 2017 Report Share Posted January 2, 2017 2 hours ago, S.C.M said: I though about contacting the consultants, but I have a few concerns especially when they notified me before I'm served so I'm not sure if they are working together with PRA. They are not working with PRA. They are bankruptcy attorneys who are hoping to contract you to file BK for you and nothing more. Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 3, 2017 Author Report Share Posted January 3, 2017 1 hour ago, Clydesmom said: They are not working with PRA. They are bankruptcy attorneys who are hoping to contract you to file BK for you and nothing more. That's good to know, but it just seemed sketchy. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 3, 2017 Report Share Posted January 3, 2017 7 minutes ago, S.C.M said: That's good to know, but it just seemed sketchy. It is a little sketchy in that they are trolling the court dockets (which are public record) and seeking out defendants with debt issues to file BK. Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 3, 2017 Author Report Share Posted January 3, 2017 7 minutes ago, Clydesmom said: It is a little sketchy in that they are trolling the court dockets (which are public record) and seeking out defendants with debt issues to file BK. Oh I didn't know that they were able to do that. I've never had anything like this before. Thanks for the information. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted January 3, 2017 Report Share Posted January 3, 2017 When you look at the case on the court website does it show who PRA is the assignee of, or do you happen to know who they bought this alleged debt from? Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 3, 2017 Author Report Share Posted January 3, 2017 9 hours ago, fisthardcheese said: When you look at the case on the court website does it show who PRA is the assignee of, or do you happen to know who they bought this alleged debt from? No it's very Vauge. I'm waiting to be served but I'm also going to call the court Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted January 3, 2017 Report Share Posted January 3, 2017 If you order a copy of your credit reports, you may find the answers there. It is also useful to have those to aid in your fight against PRA later. I would call the CRAs and ask for a free copy of your report due to adverse action. They will send them to you in the mail. 1 Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 3, 2017 Author Report Share Posted January 3, 2017 37 minutes ago, fisthardcheese said: If you order a copy of your credit reports, you may find the answers there. It is also useful to have those to aid in your fight against PRA later. I would call the CRAs and ask for a free copy of your report due to adverse action. They will send them to you in the mail. 37 minutes ago, fisthardcheese said: If you order a copy of your credit reports, you may find the answers there. It is also useful to have those to aid in your fight against PRA later. I would call the CRAs and ask for a free copy of your report due to adverse action. They will send them to you in the mail. Awesome will do. I also called the county clerk and she told me that they haven't served me yet, but that I can still provide a response to the court and to also try to contact the plaintiff and resolve the account prior to going to court. 1 Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted January 3, 2017 Report Share Posted January 3, 2017 Of course they did. Almost like the PRA attorney is friends with the court office. How nice. 1 Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 3, 2017 Author Report Share Posted January 3, 2017 54 minutes ago, fisthardcheese said: Of course they did. Almost like the PRA attorney is friends with the court office. How nice. That what I was thinking. I told that to my wife that it sounded like she was friends with PRA Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted January 4, 2017 Report Share Posted January 4, 2017 11 hours ago, S.C.M said: That what I was thinking. I told that to my wife that it sounded like she was friends with PRA I would not be surprised in the least if they were. Do not contact PRA. All you need to do is find out who the OC is. If you need to wait to be served to figure it out, so be it. (Or you may figure it out by looking at your credit reports). Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 4, 2017 Author Report Share Posted January 4, 2017 2 hours ago, fisthardcheese said: I would not be surprised in the least if they were. Do not contact PRA. All you need to do is find out who the OC is. If you need to wait to be served to figure it out, so be it. (Or you may figure it out by looking at your credit reports). Dell is the OC. I haven't been served yet. I'm kind of worry because I'm thinking it's taking too long to be served, maybe I'm just paranoid Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted January 4, 2017 Report Share Posted January 4, 2017 5 hours ago, S.C.M said: Dell is the OC. I haven't been served yet. I'm kind of worry because I'm thinking it's taking too long to be served, maybe I'm just paranoid Dell has arbitration in their card agreements. This is good news for you because PRA will not arbitrate. Don't sweat the service. They may take their sweet time. Just begin gathering as much information as you can. What year was the last year your account was in good standing? Try to find a Dell agreement from that year. Get copies of your credit reports. Keep an eye on the court website just to make sure they don't sneak service in there without you actually being served. Find the local court's rules to see how long you have to file an answer once you are served. It is generally between 20 - 30 days. Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 5, 2017 Author Report Share Posted January 5, 2017 6 hours ago, fisthardcheese said: Dell has arbitration in their card agreements. This is good news for you because PRA will not arbitrate. Don't sweat the service. They may take their sweet time. Just begin gathering as much information as you can. What year was the last year your account was in good standing? Try to find a Dell agreement from that year. Get copies of your credit reports. Keep an eye on the court website just to make sure they don't sneak service in there without you actually being served. Find the local court's rules to see how long you have to file an answer once you are served. It is generally between 20 - 30 days. It's 20 days from the day that I'm served Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 13, 2017 Author Report Share Posted January 13, 2017 On 1/4/2017 at 0:56 PM, fisthardcheese said: Dell has arbitration in their card agreements. This is good news for you because PRA will not arbitrate. Don't sweat the service. They may take their sweet time. Just begin gathering as much information as you can. What year was the last year your account was in good standing? Try to find a Dell agreement from that year. Get copies of your credit reports. Keep an eye on the court website just to make sure they don't sneak service in there without you actually being served. Find the local court's rules to see how long you have to file an answer once you are served. It is generally between 20 - 30 days. It's 20 days from the day that I'm served Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 13, 2017 Author Report Share Posted January 13, 2017 I still have not been served and I'm getting concerned. I've already called the court and that was concerning on its own due to the clerks comment regarding calling the plaintiff to settle. I'm planning on calling the court again. They have not served me yet. I have a camera system that will show that not to mention that my wife is always home. They can always reach me at my house. I've checked the website and nothing has changed. I've gathered the all the nessessary paperwork. Also the amount is completely wrong. I'm ready and hope for the best. Any advice would be helpful. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted January 13, 2017 Report Share Posted January 13, 2017 Why are you worried? Not being served is a good thing. Just keep an eye on the website like you are doing. I would stop calling the court. They are not there to help you. 2 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 13, 2017 Report Share Posted January 13, 2017 1 hour ago, S.C.M said: I still have not been served and I'm getting concerned. It can take 30-45 days for them to serve you. Do not panic. Not only do they have civil debt cases but evictions, divorce, family court etc. All but criminal courts that have documents to serve get in line depending on how many Sheriff's or Marshalls are available to serve papers it can take time. If you haven't been served then the clock hasn't started ticking yet. 1 hour ago, S.C.M said: I've already called the court and that was concerning on its own due to the clerks comment regarding calling the plaintiff to settle. Of course they told you that. They want the case off the docket. They are not acting in your best interest. 1 hour ago, S.C.M said: I'm planning on calling the court again. DON'T. No reason to. It takes time. Just keep an eye on the docket on line for any changes. 1 Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 13, 2017 Author Report Share Posted January 13, 2017 9 hours ago, fisthardcheese said: Why are you worried? Not being served is a good thing. Just keep an eye on the website like you are doing. I would stop calling the court. They are not there to help you. Ok thank you, I'll keep an eye on the website. Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 13, 2017 Author Report Share Posted January 13, 2017 8 hours ago, Clydesmom said: It can take 30-45 days for them to serve you. Do not panic. Not only do they have civil debt cases but evictions, divorce, family court etc. All but criminal courts that have documents to serve get in line depending on how many Sheriff's or Marshalls are available to serve papers it can take time. If you haven't been served then the clock hasn't started ticking yet. Of course they told you that. They want the case off the docket. They are not acting in your best interest. DON'T. No reason to. It takes time. Just keep an eye on the docket on line for any changes. Ok thank you!!! Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 14, 2017 Author Report Share Posted January 14, 2017 On 1/12/2017 at 9:05 PM, fisthardcheese said: Why are you worried? Not being served is a good thing. Just keep an eye on the website like you are doing. I would stop calling the court. They are not there to help you. Ok thank you, I'll keep an eye on the website. finally they are going to serve me. They attempted to to serve me but I wasn't here, but I called her back and she is coming back. Well I should be able to post documents. Quote Link to comment Share on other sites More sharing options...
S.C.M Posted January 14, 2017 Author Report Share Posted January 14, 2017 finally they are going to serve me. They attempted to to serve me but I wasn't here, but I called her back and she is coming back. Well I should be able to post documents. Quote Link to comment Share on other sites More sharing options...
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