indotx

Another One Sued By PRA in Texas

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Hello all, I'm new to this forum.

I'm sued by Portfolio Recovery Associates and was served on wednesday 10/10 in person, but I knew I was getting sued since last week, on Friday when the process server knocked on our apartment door and freaked my pregnant wife out.

So since then, I've done my research on the internet but all of these websites and forums weren't helpful at all and sometimes confusing then I found this forum. Thank God!

I also tried to read as much as I can from the stickies and threads here but I'm still lost and don't wanna take the wrong steps to answer the summons. Also, some of the links are dead or they bring back to the front page. I desperately need help and assistance on how to handle this lawsuit. I'd really appreciate if anyone could help me with this. Thank you so much.

 

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? Rausch Sturm


3. How much are you being sued for? $9,309.88


4. Who is the original creditor? Synchrony Bank/Paypal Mastercard


5. How do you know you are being sued? (You were served, right?) Served


6. How were you served? 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


9. What state and county do you live in? Texas, Brazos County


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It says July 15, 2016 on the petition but I actually made two payments (will it matter?).


11. What is the SOL on the debt? 4 years


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


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No


14. Did you request debt validation before the suit was filed? No

15. 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. 14 Days

Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

 

 

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Look into the arbitration strategy:

 

 

The OC in this case has a good arb clause (free JAMS).  JDBs like PRA hate arb, as it's too expensive for them.  Arb is the best weapon against JDBs.

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4 hours ago, nobk4me said:

Look into the arbitration strategy:

 

 

The OC in this case has a good arb clause (free JAMS).  JDBs like PRA hate arb, as it's too expensive for them.  Arb is the best weapon against JDBs.

Thank you. I’ll look into it. 

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To my understanding, my answer would be MTC and at the same time file the arbitration either using JAMS or AAA, is it correct?

I read the card agreement and it says I can use either JAMS or AAA. Which one is better?

also, do I need to notice the PRA's attorney?

I wonder what I can expect after I file my answer and arbitration. I tried to read and gather as much information as I can but, the more I read the more I get confused. Too many to read and time keeps running out.

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You want the one they hate more -- JAMS.

1.  It is more expensive -- for them.

2. I have heard reports JAMS is usually better for the consumer.  However, you mostly are filing to get them to go away.  Therefore, you want more expensive for them.  

 

There are a LOT of threads dealing with PRA/Synchronicity in Texas, and some of them with this law firm.  Neither PRA nor this particular law firm really like JAMS.

 

Be warned, there are some pitfalls in Texas, so read up as much as you can.

 

Also, this is a larger amount than many, so there are more likely to fight, and less likely to walk away.  Everyone says the PRA/Synchronicity/Rausch combination is as close to a sure thing as you will ever find.  Just remember there is no 100% sure thing.  Strange things happen.  Sometimes the strange things are good for you, sometimes bad.  I've had both, personally.  

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4 hours ago, BackFromTheDebt said:

Be warned, there are some pitfalls in Texas, so read up as much as you can.

 

Also, this is a larger amount than many, so there are more likely to fight, and less likely to walk away.  Everyone says the PRA/Synchronicity/Rausch combination is as close to a sure thing as you will ever find.  Just remember there is no 100% sure thing.  Strange things happen.  Sometimes the strange things are good for you, sometimes bad.  I've had both, personally.  

Thank you for the heads up and suggestions.

Since the amount they seek to squeeze from me is almost 10k, yeah I’m afraid they won’t give it up easily. 

 

 

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On 10/16/2018 at 2:57 PM, indotx said:

To my understanding, my answer would be MTC and at the same time file the arbitration either using JAMS or AAA, is it correct?

I read the card agreement and it says I can use either JAMS or AAA. Which one is better?

also, do I need to notice the PRA's attorney?

I wonder what I can expect after I file my answer and arbitration. I tried to read and gather as much information as I can but, the more I read the more I get confused. Too many to read and time keeps running out.

Yes, anything you file with the court also has to be sent to the plaintiff's attorney.  Usually you have to include a certificate of service that certifies that you did so.

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47 minutes ago, nobk4me said:

Usually you have to include a certificate of service that certifies that you did so.

Thank you. 

Where to get a certificate of service?

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You just write one up yourself.  Example:

 

                                 Certificate of Service

This is to certify that I have sent a copy of the foregoing to plaintiff's attorney (give name and address) by first class mail (or certified, if you use it) on ___________(date).

 

____________________ (sign)

Your Name, Defendant, Pro Se

     

Include at the end of the pleading.               

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Filed my answer on Friday the 19th. with General Denial. As for notification for their attorney, I mailed the attorney a copy of my general denial the same day. 

After I gathered lots of valuable information from this forum, I’ve decided to take Discovery as my strategy instead of Arbitration since the amount that PRA asks for is over 9k. Will request Motion For Discovery tomorrow and hopefully the judge will approve my request, fingers crossed. We’ll see how it goes.   

@texasrocker thank you for your help and guides, I really appreciate it. 

@nobk4me thank you for your sample of certificate of service. 

Y'all are awesome! 

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Just an update to my thread and case, went to the hearing today, the plaintiff’s attorney didn’t show up! So they proceeded with the hearing and its approved. It only took 5 minutes to talk to the judge!

Got the paper also from the court. I hope this looks good. Or did I screw it up? Needs opinion and suggestion, please.  @texasrockerIMG_6778.thumb.JPG.7abcff72fb9c2f4a511fbb5ab9ad7403.JPG

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What the hell?   I provided you via PM with admissions, interrogatories, request for production, and request for disclosure that this law firm has never been willing to answer and instructed you to show it to the judge if he asked to review it before granting approval then send it to the attorney's office that filed the lawsuit.  

I just read your PM to me sent today regarding when the judge asked what you wanted to send, "the only things crossed my mind to think fast were provide contract, record and billing statement" so apparently you did not comprehend anything that I told you.  Requesting a contract, billing statements, and "records relating to the account" is going to hurt you more than help you.  In fact it is likely to exponentially aid the opposition in defeating you. 

I am at a loss of words here...  I cannot think of any way to further assist you; you are on your own. 

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That’s what I told the judge exactly, admission, interrogatories and request for production but then he said ‘be more specific’. 

Thank you for your time and helps. 

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31 minutes ago, texasrocker said:

 

I just read your PM to me sent today regarding when the judge asked what you wanted to send, "the only things crossed my mind to think fast were provide contract, record and billing statement" so apparently you did not comprehend anything that I told you.  

The judge never asked what I wanted to send. 

 

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1 hour ago, Goody_Ouchless said:

Some things are best hidden from the light of day?

 

No, there has been a history of ignorant souls who have fancied to use it for OC cases or in states other than Texas when it is designed specifically to counter  JDB's in Texas who will inevitably spring Simien v. Unifund CCR Partners, their Holy Grail to get the OC's business records admitted into evidence. 

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15 minutes ago, texasrocker said:

Your exact words, "The judge asked what kind of discoveries"

Seriously. I screwed it up. It’s done. If I lose then it’s fine but I do appreciate your helps. You’re a great resources, your knowledge is greater than mine but I’m not a dumbass like you might think.

Honestly, the language is the barrier here since English is not my native language, my native language is dutch but that doesn’t make me a person who hard to comprehend other people’s explanation. Try to stand in my shoes, than you know what I mean. Anyway, thanks again.  The world and this forum need more people like you. 

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2 hours ago, Goody_Ouchless said:

Some things are best hidden from the light of day?

 

Yup:  the total number of consumers he leads straight to judgment with his assumptions and out dated advice.  Another one bites the dust.  Of course when it went wrong instead of helping bail it out he abandons the OP.

2 hours ago, texasrocker said:

I am at a loss of words here...  I cannot think of any way to further assist you; you are on your own. 

 

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9 hours ago, Clydesmom said:

Yup:  the total number of consumers he leads straight to judgment with his assumptions and out dated advice.  Another one bites the dust.  Of course when it went wrong instead of helping bail it out he abandons the OP.

 

The OP abandoning the material I provided him for a near certain win over this law firm for the terrible generic discovery floating around the internet in no way makes me "leading him straight to judgment."  Even someone with as little foresight and understanding as you possess should be able to comprehend that it is impossible help someone who is not willing to follow your advice.

Without knowing the whole story you are not qualified to criticize anything I did.  This person sought me out via PM asking for advice, not vice-versa.

Furthermore, your hypocrisy and history of disseminating false and misleading information regarding Texas rules and procedure leaves your credibility at exactly zero in Texas threads. 

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3 hours ago, texasrocker said:

Without knowing the whole story you are not qualified to criticize anything I did.  This person sought me out via PM asking for advice, not vice-versa.

And knowing Synchrony has the BEST arbitration clause of all the creditors you stuck with your outdated and ineffective discovery that has lead a bunch of posters here right to judgment while 10X the consumers have defeated the suit by getting it OUT of court.  You assumed that the OP had more knowledge and did not pick up that English was not his first language.  You had no plan in place should the Judge challenge him and left him on his own. You argue with EVERYONE (mainly me) who attempts to get someone prepared for other possibilities because like one other regular on here in your world the courts and Judges only rule the way you believe they will.  Nothing else is possible.

Sadly it is why many of us leave Texas posters to judgments due to you instead of trying to help.  Your obnoxious drivel just is not worth the time.  Life is too short and what little interaction with you is time no one gets back.  Putting you back on IGNORE.  It is the best advice for anyone who has met you.

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Perhaps the OP would still be willing to consider a Motion to Compel Arbitration. 

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1 hour ago, Clydesmom said:

And knowing Synchrony has the BEST arbitration clause of all the creditors you stuck with your outdated and ineffective discovery that has lead a bunch of posters here right to judgment while 10X the consumers have defeated the suit by getting it OUT of court.  You assumed that the OP had more knowledge and did not pick up that English was not his first language.  You had no plan in place should the Judge challenge him and left him on his own. You argue with EVERYONE (mainly me) who attempts to get someone prepared for other possibilities because like one other regular on here in your world the courts and Judges only rule the way you believe they will.  Nothing else is possible.

Sadly it is why many of us leave Texas posters to judgments due to you instead of trying to help.  Your obnoxious drivel just is not worth the time.  Life is too short and what little interaction with you is time no one gets back.  Putting you back on IGNORE.  It is the best advice for anyone who has met you.

Well said. Thank you!

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1 hour ago, BV80 said:

Perhaps the OP would still be willing to consider a Motion to Compel Arbitration. 

That’s actually my initial plan before decided for discovery. I’ll consider this again. Thanks. 

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On 11/15/2018 at 9:51 AM, Clydesmom said:

And knowing Synchrony has the BEST arbitration clause of all the creditors you stuck with your outdated and ineffective discovery that has lead a bunch of posters here right to judgment while 10X the consumers have defeated the suit by getting it OUT of court.  You assumed that the OP had more knowledge and did not pick up that English was not his first language.  You had no plan in place should the Judge challenge him and left him on his own. You argue with EVERYONE (mainly me) who attempts to get someone prepared for other possibilities because like one other regular on here in your world the courts and Judges only rule the way you believe they will.  Nothing else is possible.

Sadly it is why many of us leave Texas posters to judgments due to you instead of trying to help.  Your obnoxious drivel just is not worth the time.  Life is too short and what little interaction with you is time no one gets back.  Putting you back on IGNORE.  It is the best advice for anyone who has met you.

Again you do not know the entire story...  I most certainly did tell him that if he chooses arbitration and the JDB deems its cost to be too much they will drop the suit but he said he did not want it.  The first I heard of English not being his first language is the same time yesterday that anyone else here did.  There was no indication whatsoever in anything he said up until that point.   This was a good JP judge willing to approve discovery but if he had challenged him the back-up plan would have been to suggest hiring a good JDB defense attorney.  $1,200-$1,500 to defend a $9,000 suit is not a bad gamble and I know of one in his county.

I do not know anything about Synchrony's arbitration clauses or those of any other credit card companies and have never claimed to.  I always refer anyone who asks me about arbitration to @fisthardcheese as he is the resident expert here since Linda7 retired from this board. 

There has never been a Texan left to judgment because of me, much less "a bunch of posters here."  There were three losses in rapid succession two years ago when the judges in those three JP courts, once even described by you yourself as "rogue judges," had arrogantly dictated that none of the old rules apply to their court.  To this day there has been no case law to either support or strike down such a notion.  Out of about thirty cases that Texans here have elected to litigate before and since then not even a single loss has been reported back.  That is a far better record than anyone else in any state has reported here. 

  As far as your comment, "Your obnoxious drivel just is not worth the time.  Life is too short and what little interaction with you is time no one gets back. Putting you back on IGNORE.  It is the best advice for anyone who has met you." goes, it literally describes yourself as many on this board will undoubtedly agree.  No one has even come close to creating as much strife here than you have.   You have no clue how to deal with anyone who is smarter than you are or smarter than you perceive you are so you fling your stinking attitude at anyone who dares to disagree with you.  Ignoring me is not going to help you get away with leading Texans astray with your blatant ignorance of Texas rules or knocking my advice and then turning around a few weeks later and giving the same advice to someone else.  Anyone who actually does know me would be caught up in uncontrollable laughter at that statement.

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