Portfolio is suing me how should I word my answer

[mel7a8]

1. Who is the named plaintiff in the suit? Portfolio Recovery Assc.

2. What is the name of the law firm handling the suit? Scott Rhodell Stottlermyre

3. How much are you being sued for? $2189.12

4. Who is the original creditor? Synchrony (JC Penney)

5. How do you know you are being sued? I was served

6. How were you served? In person

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

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?  None from me with portfolio - they sent some vague demand letters

9. What state and county do you live in?  Lubbock Texas

10. When is the last time you paid on this account?  March 2017 (according to their documents)

11. When did you open the account? Sept. 2011 ( again their date) I am unsure of exact date

12. What is the SOL on the debt    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).    Suit served

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  I argued with JC PENNEY about both payments and interest rate

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 useful to 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?  14 days and they are claiming Breach of Contract; Account Stated: Damages ( amount above) Conditions Precedent; Actual damages, Court Costs and all other relief.

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

[Clydesmom]

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.   Texas does not require that evidence be attached to the complaint.  If the case is in Justice Court it does require that the court grant permission for discovery.

Can someone help me with my answer?  If you search the forums there are a few good examples of answers that you can amend to your circumstances.

Can I ask for discovery at the time I answer?  Yes.

I would appreciate any and all assistance.  Before you file an answer you need to decide HOW you are going to fight this.  Synchrony has one of the BEST arbitration clauses in its card agreements.  Invoking it generally sends PRA packing due to the cost.  The goal is not to arbitrate but make it so expensive that PRA drops the matter.  If you are going to go that route you need to raise PRIVATE contractual arbitration in JAMS as an affirmative defense and file a motion to compel arbitration when you file the answer.  You would not want to do discovery unless that motion was denied.  If you are going to represent yourself in court and try the case then you could file a motion for discovery when you file your answer.

[BackFromTheDebt]

To expand on the informative post by @Clydesmom:

There are a number of threads on this forum which deal with fighting PRA in Texas on Synchronicity accounts.  You need to take the time to search for those threads.  Learn as much as you can from what others have done in the past.  Don't re-invent the wheel.  Win the way they won.  

[mel7a8]

23 hours ago, Clydesmom said:

I would appreciate any and all assistance.  Before you file an answer you need to decide HOW you are going to fight this.  Synchrony has one of the BEST arbitration clauses in its card agreements.  Invoking it generally sends PRA packing due to the cost.  The goal is not to arbitrate but make it so expensive that PRA drops the matter.  If you are going to go that route you need to raise PRIVATE contractual arbitration in JAMS as an affirmative defense and file a motion to compel arbitration when you file the answer.  You would not want to do discovery unless that motion was denied.  If you are going to represent yourself in court and try the case then you could file a motion for discovery when you file your answer.

So if I read you correctly I should file my answer- a general denial and use as a defense the arbitration clause in the credit terms?

Will I be able - if they deny the request for private arbitration- to use the defense of lack of standing?

Someone asked about how it was set for trial this document came with the original suit. 

[texasrocker]

Just file a general denial until you decide what to do.  Throwing in a bunch of erroneous affirmative defenses will not help you.