Odam6969

sued by portfolio recovery associates help please

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Please help i am lost and have no idea what to do or how to handle this nothing is signed no court date nothing i am freaking out i have i need to respond to it but i dont know if i should if its real or anything please help its all in order i jist need help i dont know if i am suppose to type all of it so i took a pic

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1. Who is the named plaintiff in the suit?
Portfolio recovery associates

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Rasch sturm , Michael j garza
3. How much are you being sued for?
1,150.12
4. Who is the original creditor? (if not the Plaintiff)
Synchorny bank walmart

5. How do you know you are being sued? (You were served, right?)
Seved
6. How were you served? (Mail, In person, Notice on door)
In person

7. Was the service legal as required by your state?
Yes
Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
No
9. What state and county do you live in?
Texas ,wichita
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
November 1,2016
11. When did you open the account (looking to establish what card agreement may be applicable)?
April 6,2016
12. What is the SOL on the debt? To find out:
4 years
Statute of Limitations on Debts

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

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be usefulto show the court that you dispute the debt ('account stated' vs. 'breach of contract').
No
16. 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?
Idk
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Nothing
18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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FIRST:  Delete the documents you posted because they disclose ALL your personal information and too much that leaves you at risk.

Next: you were sued in District Court so they do not need permission for discovery and you will need to file a formal answer to the court.  The good news is Synchrony has the BEST arbitration clause of all creditors.  File the answer and a separate motion to compel arbitration per the terms of the card agreement belonging to the account alleged in the complaint.

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How do i file and do a formal  answer and file a motion???

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3 minutes ago, Odam6969 said:

How do i file and do a formal  answer and file a motion???

If you are not comfortable doing the research and leg work on the requirements for your court then I suggest you hire an attorney to handle the matter for you.  Legal Aid may be another option if you are of limited income/finances.  Unfortunately we cannot give specific legal advice on how to file an answer or motions.

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For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, (your name), the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following:

I.  GENERAL DENIAL

Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence.

II. PRAYER

Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he (or she) is justly entitled to.

(Your name, address and phone number)

File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.

 

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4 minutes ago, Odam6969 said:

After i file the answer i just wait??? And see what happens 

Absolutely not.  You need to decide very soon if you want to send discovery or go the arbitration route.  You cannot do both.  If you choose to send discovery I will assist you with it but if you want to use arbitration I would refer you to @fisthardcheese.  He is the resident expert here on arbitration.

It is imperative that you file your answer as soon as possible.

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Ok a discovery  is asking for information   and  evidence  means ur gonna  court  and u get to see what they might have correct? What is a arbitration 

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Cause i have seen a lot of people talking about going the arbitration  way cause it seems like everything i have reqd that most of the time portfolio recovery associates  sometimes drops the suit cause of the cost or something 

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11 hours ago, Odam6969 said:

portfolio recovery associates  sometimes drops the suit cause of the cost or something 

Portfolio dismisses 100% of the time when faced with arbitration. You may have a challenge getting your court to grant arbitration, but in that case, the judge also would rule against you if you went to trial,  so you'd be looking at an appeal either way. 

Read this thread for all the info on arbitration you need. 

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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16 hours ago, Odam6969 said:

Im down to do the leg work and research i just need someone to point me in the right direction 

You can google your county court and "answer" and likely find answers to lawsuits that other people have filed to see what it should look like.  An answer is just as it sounds, you go through the complaint they filed and for each number you admit or deny it.  Most of them should be denials except for your name and residence (if correct).

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