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PCA Acquistions law suit, they have no surety bond?

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Hey everyone!

Brand new to the forum and need some quick help.  I will try to read up on some posts but figure somebody here gonna love to hear this one.  So log story short my wife is being suid by PCA Acquisitions in court here in Mongomery County Texas.  I had answered the law suit with the following letter, asking for the court to dismiss the case , my first main point being that they have no surety bond filed with the secretary of state. 

Quote

CASE NUMBER 18CV3-XXXXXXX

PCA Acquisitions V, LLC assignee of Synchrony Bank ) In the Justice Court PR 3

Plaintiff ) of MONTGOMERY County Texas

))VS. )

))

XXXXX XXXXXXXXXX )

Defendant )

ANSWER OF THE DEFENDANT

Defendant, appearing pro se, for its reply to the Complaint naming PCA Acquisitions V, LLC plaintiff as follows:

All answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

ANSWERS

  1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment..

  3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  4. Admit.

  5. Admit

  6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  8. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  11. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  12. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  13. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

  14. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

AFFIRMATIVE DEFENSES

  1. PCA Acquistions V, LLC at this time does not have a surety bond with the secretary of state before engaging in debt collection, per Tex. Fin. Code. § 392.101. The bond must be in favor of the State of Texas for the benefit of any person damaged by any violation of Chapter 392, Finance Code. PCA Acquistions V, LLC bond was canceled on June 25th, 2015.

  2. PCA Acquistions V, LLC has not proven that they are authorized and licensed to collect claims for others in the State of Texas, or solicit the right to collect or receive payment of a claim of another.

  1. PCA Acquistions V, LLC has not proven that they were retained by Synchrony Bank as it’s representative in this matter.

  2. PCA Acquistions V, LLC has not proven that Synchrony Bank is the real party in interest. Defense demands proof of ownership, specifically that the alleged account is still the legal property of Synchrony Bank with all of the original creditor’s rights and privileges intact.

  3. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing.

  4. Plaintiff's Complaint does not show the purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

  5. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct and provide the original signed agreement, account statements and purchase receipts from Synchrony Bank to prove the amount of the debt and a balance on the account from zero to the present.

  6. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

  1. PCA Acquistions V, LLC has provided no sworn statement testifying to the accuracy or validity of their

    recollection of the alleged account.

  2. Defendant alleges that Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

  3. Plaintiff’s alleged damages are limited to real or actual damages only.

  4. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

  5. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

  6. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account).

  7. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, Engaging in debt collection without filing a bond with the secretary of state is a violation of Chapter 392 and may also be a criminal offense. Tex. Fin. Code § 392.402. if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

  8. Plaintiff has failed to state the basis of the lawsuit.

  9. Plaintiff fails to state a cause of action against the defendant.

  10. Lack of Standing Because No Debtor/Creditor Relationship as the plaintiff failed to show the chain of custody of paperwork.

  11. The court would unjustly enrich the plaintiff by granting the relief sought herein.

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not.

Respectfully submitted by the Defendant pro se

Dated: Friday, May 4th, 2018

XXXXX  XXXXXXXX

Now today i have received a court date for August 22nd.  my question is, does PCA Acquisitions still really want to peruse this after I have noted that they don't have a surety bond?   Why would the judge let this continue?  Or is this great for me to peruse some legal action?  I'm not a lawyer  and did the best research I could, but I'd figure Id get some advice on this one as it sounds like a lawsuit as well as filing a complaint with the attorney generals office for them practicing collections in Texas with no Bond?  

What everyone's though on this?

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