Jump to content

Portfolio recovery associates

Recommended Posts

So im getting sued and really dont know what to do and i have done a lot of research and understand some but not a lot im really confused by it all  i just need some help is there a form to file a answer or motion if not how do i .. what should i do .. do i need to file  a answer or what steps do i need to take in my case the papers served didnt provide any info and wasnt filled out and did provide any evidence qith it

Link to comment
Share on other sites

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

7. Was the service legal as required by your state?
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?
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 and doesn't show anything

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
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').
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?
I dont know it doesnt say

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.

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

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

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.