Sued By Portfolio Recovery Associates, LLC by Rausch Sturm

[docmar]

Here you go @texasrocker

Thinking about filing an amended answer with a Plea to the Jurisdiction just like @TrueTexan 

Portfolio Recovery Associates, LLC:  Rausch, Sturm, Israel, Enerson & Hornik, LLC
Synchrony Bank  (Amazon.com): Served Notice on Door

No Correspondence before suit.

Mason County TX Justice Court

Alleged Last Payment: January 5, 2017

General Denial Filed on July 23, 2018

Court date set for November 7, 2018

Plaintiff filed Petition only no Exhibits

Plaintiffs Original Petition

A. Parties

1.  The address for the plaintiff, Portfolio Recovery Associates, LLC...

2. Defendant......

B. Jurisdiction

3. Plaintiff seeks only monetary relief of $100,000 or less.

4. Plaintiff asserts that the above-named court has Jurisdiction over the subject matter of this case and the person of the defendant and that the damages sought are within the jurisdictional limits of this court.

C. Venue

5. Venue of this action is proper in the county named above because the defendant is/are individual believed to be residing in said county at the time of commencement of the suit.

D. Facts

6. On or about July 12, 2015, Defendant(s) opened a credit account with SYCRONHY BANK (AMAZON.COM) in the Defendant's(s') name under its account number ending in ************1234. Defendant used the account and thereby became obligated to pay for the entire balance owed on the credit account.  Plaintiff records indicate defendants last payment on the account occurred on January 5, 2017.  Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 11, 2017.  On or about July 19, 2017, SYCRONHY BANK (AMAZON.COM)  assigned Defendant's(s') credit account to Plaintiff, and Plaintiff is the current holder of Defendant's (s')account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full.

7. On or about July 12, 2015, Defendant(s) applied for and received a credit account bearing the account number ************1234.   Defendant(s) used or authorized the use of the Account for the acquisition of goods, services, balance transfers, or cash advances in accordance with the customer agreement governing the use of the account with SYCRONHY BANK (AMAZON.COM).

8. Defendant(s) breached the agreement by failing to make periodic payments as required thereby and the Account was subsequently chared-off on or about June 11, 2017.  The current account balance is $X,123.45 which includes any applicable payments and credits.   The Account is not accruing post charge-off interest.

9. That although demand has been made upon the Defendant(s), neither the said sums or any portion thereof has been paid.

10.  Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.

E.  COUNT 1: Breach of Contract

11. Plaintiff is entitled to recover for breach of contract.   SYCRONHY BANK (AMAZON.COM)'s offer and extension of credit to the Defendant(s) constitute performance and/or tendering of performance by SYCRONHY BANK (AMAZON.COM).  Defendant(s) use of the credit account constitutes acceptance of the terms of the account proposed by SYCRONHY BANK (AMAZON.COM).  Defendant(s) failed to repay the amount owed on the account and thereby breached the contract.

12.  Defendant(s)' breach was a proximate cause of the actual damages of $X,123.45.   All just and lawful offsets, credits, and payments have been applied to account.

F. COUNT 2: Account Stated

13. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant which established the amount due to the Original Creditor, and (3) the defendant promised to pay the Original Creditor on the indebtedness.

G. Damages

11. Plaintiff seeks damages on its liquidated claim in the amount of at least $X123.45 which is within the jurisdictional limits of this court.

H. Conditions Precedent

12. All conditions precedent to plaintiffs claim for relief have been performed or have occurred.

I. Miscellany

13. The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorney are debt collectors.

J. Prayer

15. For these reasons, Plaintiff asks that the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against Defendant for the following:

a. Actual damages in the amount of $X,123.45

b. Court costs

c. All other relief to which the plaintiff is entitled

Respectfully Submitted,

RAUSCH STURM

ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION

[texasrocker]

Am I reading this right- you are being sued for $123.45?

[docmar]

15 minutes ago, texasrocker said:

Am I reading this right- you are being sued for $123.45?

No, it's a fake amount just like the Credit Card Number ending in 1234

 

[Clydesmom]

3 hours ago, dockmar said:

Plaintiff filed Petition only no Exhibits

If this is in Justice Court then they are not required to attach evidence and you must get permission of the court to do discovery if they won't compel arbitration.

3 hours ago, dockmar said:

SYCRONHY BANK

I hope you cut and pasted this from someone else and it isn't in your original answer because that spelling error is present EVERY time.  Fix it before you file.

[texasrocker]

12 hours ago, dockmar said:

No, it's a fake amount just like the Credit Card Number ending in 1234

 

So what is the real amount?  The only thing you need to redact is your personal identifying information, i.e. name, address, soc. security number.

Anyone here who sent that Plea to the Jurisdiction got it from me either directly or indirectly.  It is unlikely that it will have any bearing on your case whether or not you use it.  File your answer immediately even if it just a general denial and since it is a JP court ask the court clerk how they prefer you go about requesting the court's approval to begin discovery.

[docmar]

1 hour ago, texasrocker said:

So what is the real amount?  The only thing you need to redact is your personal identifying information, i.e. name, address, soc. security number.

Anyone here who sent that Plea to the Jurisdiction got it from me either directly or indirectly.  It is unlikely that it will have any bearing on your case whether or not you use it.  File your answer immediately even if it just a general denial and since it is a JP court ask the court clerk how they prefer you go about requesting the court's approval to begin discovery.

2

$1826.26.   Already filed general denial on July 23, 2018.   The trail is set for November 7, 2018, trying to derail it.     So the plea to the jurisdiction won't help?  If not what are my options?   File a motion for permission to proceed with discovery and postpone the trial?   arbitration?

[docmar]

11 hours ago, Clydesmom said:

If this is in Justice Court then they are not required to attach evidence and you must get permission of the court to do discovery if they won't compel arbitration.

I hope you cut and pasted this from someone else and it isn't in your original answer because that spelling error is present EVERY time.  Fix it before you file.

1

No, I didn't put that in my general denial filed on July 23, 2018, just on here.   Would arbitration be better than discovery?

[texasrocker]

So you filed a general denial in July and have done nothing since.  One of my biggest peeves is someone coming to ask for help at zero hour.

Discovery in JP courts generally must be completed within 30 days of trial.  The judge must grant their approval first so unless  you happen to have a very defendant-friendly judge then you may not even have time to go through the approval process.  That should have been done in July at the same time you filed the general denial. I don't know what the time limits are for electing arbitration, perhaps @fisthardcheese would know. 

[mel7a8]

I need to file an answer to a suit styled exactly as the one above.

I was served 9/29/18 at my door.

The only differences are the court - mine is Lubbock County JP and the amount they say I owe to synchrony (for JC Penney) is $2189.12.

There were no attached documents with this suit. 

Can someone help me with my answer?

Can I ask for discovery at the time I answer? 

I would appreciate any and all assistance. 

Mel

Oh and a paper came with this suit saying the court date is set for  11/14/19 at 9am and discovery deadline is 10/05/19.  

Edited October 4, 2018 by mel7a8
forgot item

[BV80]

2 hours ago, texasrocker said:

So you filed a general denial in July and have done nothing since.  One of my biggest peeves is someone coming to ask for help at zero hour.

Discovery in JP courts generally must be completed within 30 days of trial.  The judge must grant their approval first so unless  you happen to have a very defendant-friendly judge then you may not even have time to go through the approval process.  That should have been done in July at the same time you filed the general denial. I don't know what the time limits are for electing arbitration, perhaps @fisthardcheese would know. 

If the OP has not requested discovery and filed motions, he should still be able to file a MTC arbitration because he has not engaged in litigation.

@fisthardcheese

[BV80]

16 minutes ago, mel7a8 said:

I need to file an answer to a suit styled exactly as the one above.

I was served 9/29/18 at my door.

The only differences are the court - mine is Lubbock County JP and the amount they say I owe to synchrony (for JC Penney) is $2189.12.

There were no attached documents with this suit. 

Can someone help me with my answer?

Can I ask for discovery at the time I answer? 

I would appreciate any and all assistance. 

Mel

Oh and a paper came with this suit saying the court date is set for  11/14/19 at 9am and discovery deadline is 10/05/19.  

You need to start your own thread so that we can address your issues alone and not get them confused with the original poster’s issues. 

When you start your thread, please copy and answer the questions in the following thread. 

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

[docmar]

10 hours ago, texasrocker said:

So you filed a general denial in July and have done nothing since.  One of my biggest peeves is someone coming to ask for help at zero hour.

Discovery in JP courts generally must be completed within 30 days of trial.  The judge must grant their approval first so unless  you happen to have a very defendant-friendly judge then you may not even have time to go through the approval process.  That should have been done in July at the same time you filed the general denial. I don't know what the time limits are for electing arbitration, perhaps @fisthardcheese would know. 

Sorry, @texasrocker I am quite possibly the worlds worst procrastinator!    At least I didn't wait until the week of the trial to do something about it.   Also I thought they were supposed to set the trial date at least 45 days into the future.  He sent out the notice for trial on 28th of September and trail was November 7th, only 41 days.   Finally, I  have multiple lawsuits going on right now and it's too much to deal with for me.    I am aware that you have to get permission for Discovery in JP Court.

[docmar]

10 hours ago, BV80 said:

If the OP has not requested discovery and filed motions, he should still be able to file a MTC arbitration because he has not engaged in litigation.

@fisthardcheese

1

They haven't filed anything but the original petition and a request for alternate services to the JP Court.  I have only filed a general denial.  I can file an amended answer and do an affirmative defense - motion to compel arbitration.  If that is denied then ask permission form the JP court for discovery?   I don't know why they would deny it.  Synchrony has an arbitration clause.

[docmar]

8 hours ago, mel7a8 said:

I need to file an answer to a suit styled exactly as the one above.

I was served 9/29/18 at my door.

The only differences are the court - mine is Lubbock County JP and the amount they say I owe to synchrony (for JC Penney) is $2189.12.

There were no attached documents with this suit. 

Can someone help me with my answer?

Can I ask for discovery at the time I answer? 

I would appreciate any and all assistance. 

Mel

Oh and a paper came with this suit saying the court date is set for  11/14/19 at 9am and discovery deadline is 10/05/19.  

I don't know how they can set the trial if you were served on 9/29.   Usually, they have to wait for you to answer and then set a court date after that of 45 days.   They didn't even do mine it 45 days which I am not sure is legal.