Help in TX

I am being sued by Portfolio Recovery Associates in Texas (Justice of the peace)

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Hello, I am seeking help with a summons I got today. I have very little experience in law. I'm a disabled veteran, unable to work, and don't have money to hire an attorney. So, I'm reaching out on here. 

 

I received a summons today stating that I am being sued by Portfolio Recovery Associates, LLC Assignee of Citibank, N.A. / Citibank, N.A/ The Home Depot.  The attorney is located about 200 miles away from where I live. 

 

A: Parties 

1. It lists PRA & a Norfolk, VA address

2. It has my name, and address

B: Jurisdiction 

3. Plaintiff seeks only monetary relief of $10,000 or less, including damages of any kind, penalties, costs, expenses, and prejudgment costs. 

4. Plaintiff asserts that the above named court has jurisdiction over the matter of this case and the person or Defendant and that the damages sought are within the jurisdictional limits of this court. 

C. Venue

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

D: Facts

6. CITIBANK, NA / CITIBANK, NA/ THE HOME DEPOT issued a credit account in the Defendant's name under its account number ending in *****************. The line of credit was issued on January XX, 2012. Defendant received and used the account and thereby is obligated to pay for the charges incurred with the account. Plaintiff's records show Defendant's last payment on the account occurred on January XX, 2016. Defendant defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The line of credit was subsequently closed due to nonpayment and/or charged off to profit and loss on or about May, XX, 2015. The entire balance on the credit account is presently due and payable in full. 

7. Defendant's credit account was assigned to Plaintiff on Feb XX, 2016, and Plaintiff is the current holder of Defendant's account and the proper party to bring this suit. Plaintiff owns all rights, title and interest on the credit account. 

8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff's by Defendant on the Account is $4,XXX.XX.

9. Plaintiff does not seek ongoing interest. 

10. The Plaintiff has made demand upon the Defendant for payment of the amount due and payable in full. The Defendant have failed, neglected, and refused to pay the amount, less all lawful offsets, credits, or payments is still due and owing. 

E. COUNT 1: Account Stated

11. Plaintiff is the owner and beneficiary of all claims related to the line of credit opened by Defendant ending in *********************. The amount due and owing on said account is $4,XXX.XX. All just lawful offsets, credits, and payments have been applied to said account. 

12. Plaintiff, as owner of the account, is entitled to recover on the account because (1) transactions between Plaintiff's predecessor- in - interest and Defendant gave rise to an indebtedness, (2)there existed an agreement between the Plaintiff's predecessor- in- interest and Defendant which established an amount due, and (3) the Defendant promised to pay the indebtness. Neil v. Agris, 693 S. W .2d 604, 605 (Tex. App- Houston (14th Dist) 1985, no writ); Continental Cas. Co v. Dr. Pepper Bottling Co. of Texas, Inc., 416 F.Supp.2d 497, 504 (N.D.Tex. 2006)(citing Arnold D. Kamen & Co. v Young, 466 S.W.2d 381, 388 (Tex.Civ.App- Dallas 1971, writ. ref'd n.r.e.)).

F. Damages

13. Plaintiff seeks damages on its liquidated claim in the amount of at least $4,XXX.XX, plus costs which is within the jurisdictional limits of this court. 

G. Conditions Precedent

14. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. 

H. Prayer

15. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded judgement against Defendant for the following: 

          a. Actual damages in the amount of $4,XXX.XX

          b. Court costs. 

          c. All other relief to which Plaintiff is entitled. 

 

 

*There is also an affidavit from a "Custodian of Records" at PRA, stating she works for PRA & she is familiar with paperwork, record keeping, etc...

*It states the account had "been sold, assigned and transferred by the Account Seller on 02/22/2016"; there is also a "Bill of Sale and Assignment" Stating Citibank NA sold it to PRA: "For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated January 23,2015, between Buyer and the Bank, the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file". 

*There is an "Account Statement", which looks like a printout from Home Depot showing balance, fees, etc...

 

Any, and ALL help is greatly warranted, and deeply appreciated!!!! 

 

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@Help in TX

Thank you for your service to our country.

Here's the Legal Help page at the Dept. of Veterans Affairs web page.   Click where it says "click here" to see a list of legal clinics for each state.   It shows a list of providers that can help veterans free of charge.

https://www.va.gov/OGC/LegalServices.asp

 

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@Help in TX

If you live in or near Houston, the Univ of Houston Law School has a consumer law clinic that may help you at little or no cost.

http://www.law.uh.edu/clinic/consumerlaw.asp

Also, under federal law, your Social Security and VA benefits cannot be taken from you to pay a debt.

https://www.consumer.ftc.gov/articles/0114-garnishing-federal-benefits

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13 hours ago, BV80 said:

@Help in TX

Thank you for your service to our country.

Here's the Legal Help page at the Dept. of Veterans Affairs web page.   Click where it says "click here" to see a list of legal clinics for each state.   It shows a list of providers that can help veterans free of charge.

https://www.va.gov/OGC/LegalServices.asp

 

I didn't even know that the VA provided legal help.

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I would send Portfolio a letter stating you stating that your monthly  income is federally exempt from garnishment.  Moreover, under TX law, most of what you own cannot be taken to pay for a debt.

[PDF]Texas Debt Collection Laws - The National List of Attorneys

www.nationallist.com/image/cache/White_Paper_Texas_Debt_Collection.pdf
  1.  
  2.  
I. Texas Collection Law in General .... which is beyond the scope of this paper. ... The main law affectingdebt collectors in Texas is the Texas Debt Collection Act ...

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Hi All, 

I am still dealing with this legal issue. I answered to the initial claim case citation, however I received another letter from the collection company (Portfolio Recovery), stating that I did not answer and they filed a motion for default judgement; I went to the Justice of the Peace today, and they told me to disregard the notice, and that they have my answer on record. 

The court date is set for June 29th. 

I have attempted to reach out to the law school here in San Antonio, as well as the Veterans Affairs regarding legal assistance but neither are accepting any new cases. 

Can someone please guide me on what I need to do next? 

Thanks in advance. 

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49 minutes ago, Help in TX said:

Can someone please guide me on what I need to do next? 

Show up on the court date.  You have several options.  You can file a motion to do discovery and drag this out a little longer.  You can file a motion to compel arbitration but if you did not list arbitration as an affirmative defense in your answer the Texas courts may deem that you waived your right to that arbitration by not doing so.  Or, you can simply show up and do your best to argue and let them get a judgment KNOWING they cannot collect.  Your benefits are safe from garnishment or bank account levy.  Just make sure your name is not on anyone else's bank account and that you do not keep more than 2 months worth of benefits in your own account.  

I would also send PRA a letter stating you are on SSI and VA disability and that you cannot be garnished or levied.  They just might drop it once they find that out.

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Ok, so I am assuming that Portfolio Recovery did not receive my original answer since they requested a motion for default judgement; I am going to send them another copy, but this time make it certified. (I don't even know if it's required to be certified mail). Is there anything else that I should do? I have read on other posts "Motion to Strike" for affidavit... Is it too late for me to do that now that I've already filed the answer with the court? 

Any and all info is greatly appreciated! 

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1 hour ago, Help in TX said:

Ok, so I am assuming that Portfolio Recovery did not receive my original answer since they requested a motion for default judgement; I am going to send them another copy, but this time make it certified. (I don't even know if it's required to be certified mail). Is there anything else that I should do? I have read on other posts "Motion to Strike" for affidavit... Is it too late for me to do that now that I've already filed the answer with the court? 

Any and all info is greatly appreciated! 

Did you file your answer with the court?

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On 7/3/2017 at 11:35 AM, john368 said:

Just curious how this turned out since I am in a similar situation

I went to court last week, and it didn't go well at all. An attorney for PRA showed up; someone I had never spoken to before. 

They had documents and papers that I had never seen before as evidence. I told the judge that I had not seen any of those papers before; PRA had only sent me a copy of a bill from over 2 years ago. He decided to go in favor of PRA; I received a document from the courts already stating the judge decided that I owe them all of what they were suing me for, plus court fees. 

I attempted to reach out for assistance for Disabled Veterans. They told me that because I have a roommate, the total combined income within the household is greater then what they allow to receive help. 

So now I have a judgement against me. I have no money to seek legal assistance to appeal the judgement, and have no clue what to do next. 

I wish you better luck then me!

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