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Sued by Portfolio Recover Associates in Texas

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So I was reading advice in another thread from someone with the same issue.  Another poster on that thread wrote that I should start a new thread.  

I was served with papers last Tuesday and have Monday 8/28 to respond.  I think I previously received a letter from Portfolio, but didn't know what the debt was (had a botched  bankruptcy 10 years ago) so I didn't respond.   I think it was Dell that gave me this line of credit 

Here's what I received:  

Portfolio Recovery Associates, LLC v. [ME]

In the Justice Court, Texas

Plaintiff's Original Petition

A. Parties

1.  The address for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is PO BOX 12914, NORFOLK VA 23541.

2. Defendant, [ME], may be served with process at [HOME ADDRESS], or at such other place as the Defendant may be found.

B. Jurisdiction

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

4. Plaintiff asserts that the above-named court has jurisdiction over the subject matter of this case and the person(s) of Defendant(s) 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 October 22, 2007, Defendant(s) opened a credit account with CIT ONLINE BANK in the Defendant's(s') name under its account number ending in ****************6631.  Defendant(s) used the account and thereby became obliged to pay for the balance owed on the credit account.  Plaintiff's records indicate Defendant's(s') last payment on the account occurred on April 15, 2014.  Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled.  The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about September 15, 2014.  On or about June 16, 2015, CIT ONLINE BANK assigned Defendant's(s') credit account to Plaintiff, and Plaintiff is the current holder of Defendant's(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(s) on the Account is $4,024.45.

8. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full.  The Defendant(s) have failed, neglected, and 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. Account Stated

10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant(s) which established the amount due to the Original Creditor, and (3) the Defendant(s) 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 $4,024.45, which is within the 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 Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose.  Plaintiff's attorneys are debt collectors.  


Rausch, Sturm, Israel, Enerson & Hornik, LLC 

15660 N. Dallas Parkway, Suite 350

Dallas, Texas 75248

 According to what I've read from the other informative threads, I just work up a general denial and file that with the court and serve the plaintiff's attorney by certified.  Is that right?  When do I file a motion for pretrial discovery?

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More specific questions:

(1) is there a diff between "line of credit" as the one I got from Dell Financial Services, and a credit card? I found a draft answer in another thread, but it referenced "credit card" and objected the the assigning of that agreement.  

(2) it doesn't appear that a statute of limitations has expired as the debt is from 2014.  The draft response I found on the other thread put an objection based on expired SOL.  I should leave that off the Answer, right?  Or object on those grounds so they have to prove  it up?


thank you kindly in advance for any and all help!


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