Setupisloading Posted August 15, 2018 Report Share Posted August 15, 2018 Hello everyone, A few days ago i received some paperwork saying i have been sued by portfolio recovery and that i need to send an answer within 20 days i have no clue what they need. Can someone please explain to me what i need to do and possibly beat the case. Additional Information 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.) Attorney Stephen Jones 3. How much are you being sued for? - $2,261.95 4. Who is the original creditor? (if not the Plaintiff) - Synchrony Bank / CONNS 5. How do you know you are being sued? (You were served, right?) - Processor server handed them to me at my door 6. How were you served? (Mail, In person, Notice on door) - In person 7. Was the service legal as required by your state? - Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None never spoke to or had any sort of communication with Portfolio Recovery 9. What state and county do you live in? - Texas, Polk County 10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations) - May 18, 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? - May 29, 2014 12. What is the SOL on the debt? - 4 years 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). Suit Filed 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No, I have not disputed the debt with the credit bureaus both the original and current collectors. 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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). - No, I have not requested debt validation. 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 was given 20 from the time it was served 8-10-18 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - The Evidence I was sent are as listed: - An Affidavit - Plaintiff's first discovery request Request for Disclosure Request for production Request for admissions Plaintiffs first set of interrogatories Quote Link to comment Share on other sites More sharing options...
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