Being sued by PRA in Texas for credit card debt

[kuahara]

I am looking for assistance with the general denial letter.  That said, I found this site via a google search that led me to a post by another user with the same issue and similar questions/concerns here:  

 

 

I read through that post and all of the replies.  Particularly useful were replies by TomnTex and texasrocker.  texasrocker included a general denial along with some instructions of what to edit/replace with case specific information and I have done that, but would like someone to review the answers to my questions and see if that denial is even the right answer for me.  The person who originally posted (Htown) started with a list of  Q&A, so I've gone ahead and answered all those same questions here to hopefully save us some time.

I am willing to email a scanned copy of the documents sent to me to anyone willing to help if needed.   Thanks in advance for any advice given.

 

1.)  Who is the named plaintiff in the suit?

Portfolio Recovery Associates, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

There is not a firm name listed, only attorneys.  Their names are Rausch Strum and Kelly MacDevitt as listed on the complaint.  I believe the first attorneys name was misspelled as a Google search result shows it is spelled "Sturm".

3. How much are you being sued for?

$1,041.06 in actual damages + court costs + "all other relief to which plaintiff is entitled".

4. Who is the original creditor? (if not the Plaintiff)

Synchrony Bank (amazon.com)

5. How do you know you are being sued? (You were served, right?)

A processor was waiting at my place of residents when I got home.  He asked for my name, handed me the papers, but didn't seem to know what he was giving me.  He didn't say anything else, make me show ID, ask me to sign anything, or write on the document he gave me.  The section entitled "copy of citation was delivered to you by" on the citation for personal service top page is completely blank.

6. How were you served? (Mail, In person, Notice on door)

Answer given in #5 is the only way I was served.

7. Was the service legal as required by your state? 

I assume so, you would know better than I.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Portfolio Recovery Associates has been calling me on and off for a year or more.  I usually answer all calls with, "This is Bob".  They usually say they are <insert birth name or made up name> and ask for Robert.  When I ask who is calling, it will always be the caller's first name.  I ask what company they are calling with.  As soon as they say, "Portfolio Recovery Associates", I hang up the call.  Prior to being served today, I've never even known what they were calling for and always hung up because the name screams "collection agency".

9. What state and county do you live in?

Wichita County, Texas.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

According to the original petition served, under paragraph E. "Facts", last payment occurred June 29, 2016.  I did not attempt to verify this information.  If true, that payment would have been made directly to Synchrony Bank.  I have never paid a collection agency in my life.

11. What is the SOL on the debt?

In Texas, it is 4 years.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  b) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

They filed an original petition and citation for personal service.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

The last page is the plaintiff's first set of interrogatories.  I have not filled it out.  It is only 5 questions long.  I can send along a copy of this if need be.

I am being required to appear before the 78th district court in this county by filing a written answer at or before 10am on the Monday next after the expiration of 20 days after the date of service of this citation.   (so I guess August 6th?)

The 2nd page of the citation for personal service lists the parties at the top, the court, the clerk's office and info, the attorney names and address.  The return section and everything under it was left blank.  It is signed by a deputy in the clerk's office and the notarization section at the bottom is also blank (I'm guessing not required).  The next pages are the original petition and first discovery request.  The petition lists the following:  A) Discovery control plan (level 1);  B) Parties;  C) Jurisdiction;  D)  Venue; 

E) Facts:   This section alleges that I opened an account 7/27/14 with synchrony bank in defendant's name under an account number ending in <shows last 4 of card number>.  It goes on to explain that I used the account which obligates me to pay, claims a last payment date, says I defaulted, says the account was canceled/closed/charged off and that PRA was "assigned" the account on or about 3/22/17.  Next paragraph just says I applied for and received a credit account ending in <last 4 again>. Next paragraph says I breached the agreement by failing to make periodic payments and restates the balance (the balance they claim is at least $300 greater than the limit on the card).  It states the account is not accruing post charge-off interest.  Next paragraph basically says I ignored their demands.  Last paragraph in E says they "performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred".

F) Count 1:  Breach of contract:   In legalese, it says the plaintiff is entitled to recover for breach of contract, then has a 2nd paragraph that says the breach was the proximate cause of actual damages.  It also says all just and lawful offsets, credits, and payments have been applied to the account (I doubt it ).

G) Count 2:  Account stated:  In a nutshell, it says plaintiff is entitled to recover on an account received claim because I didn't pay.

H)  Damages:  Plaintiff seeks damages on its liquidated claim in the amount of at least $1,041.06, which is within the jurisdictional limits of this court.

I)   Conditions Precedent:  All conditions precedent to plaintiff's claim for relief have been performed or have occurred.

J)  Miscellany:  The attorneys want money.

K)  Plaintiff's First Discovery Requests Attached:   In a lot of words, it says I have 50 days after date of service to serve a response to the discovery request.

L) Prayer:  Actual damages, court costs, all other relief they are entitled to.

 

The following attachments were included:   First Discovery Request, Request for Disclosure, Request for Production, Request for Admissions, Plaintiff's first set of interrogatories.

[nobk4me]

Look into the arbitration strategy.  Synchrony, the OC, has a great arbitration clause (free JAMS).