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TEXAS-sued by Portfolio Recovery-how to answer

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Hello gurus,

I am in a deep mess here in north Texas.  Came home to find papers attached to my front door and that I am being sued by Portfolio Recovery for a debt to Synchrony Bank/Lowe's.  I was served last Monday, March 26 and have 14 days to respond.  Yes, I know, time is getting short, but I have been pondering handling it myself, asking for arbitration (heard that PRS is not fond of that request) and/or just filing bankruptcy to end all of it.  I know that PRS owns a couple more debts on my credit report (after receiving it just yesterday).  I also have two on there for Midland Funding (one of those they filed the lawsuit with local JP back in November but have yet to serve me on it-isn't that against the law in itself-to take so long to serve?).  ANYWAYS.  I need to file an answer with the JP court, I am assuming before Monday, April 9 as that will be two weeks/14 days, unless weekends don't count in the adding up of days.

I have been reading the forums and got some good info but am a bit confused.  If I do want to go with asking for arbitration is that something I do when I go to court or is it something I need to be requesting now?  I am a bit scared of all this, but not afraid of a good fight. 

Evidence they presented in the paperwork included the usual:  affadavits that someone has knowledge of this account, etc. etc., copies of my last two statements from Lowe's and some sort of military thing, not sure what that was about unless to show I am not/was not on active duty. 

Any help is greatly appreciated. 

texbucky in north Texas

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One does not ask for arbitration.  

If it is in the agreement, demand it.  Since you are in court, you would file a Motion to Compel arbitration (MTC around these parts).  Check with the court rules to see how that is done.  It is normally done at or before the due date for a reply.  

Synchronicity has a great arbitration agreement.  And, from what I hear, that tends to make most junk debt buyers run away.  YMMV.


At this point, you need to search this forum for anyone in Texas who has ever filed an MTC -- what they did, how they did it, etc.  Get going on it.  You are running out of time.  

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