PRA CAPITAL ONE SUING ME TEXAS

[Proverbs]

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? $7,749.72

4. Who is the original creditor? Capital One

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, Denton 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 November 5th 2015 

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   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

 

 

 

 

[texasrocker]

Redact your personal information from anything you post here. 

If this JP court will grant you approval to conduct discovery I can provide you with discovery that this law firm has never been willing or able to answer.

File a general denial immediately in the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, (your name), the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following:

I.  GENERAL DENIAL

Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence.

II. PRAYER

Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he is justly entitled to.

(Your name, address and phone number)

File it with the court and send a copy to the attorney's office that filed the lawsuit.  Ask the clerk how they would prefer you to go about requesting to begin discovery.

[indotx]

3 hours ago, texasrocker said:

Redact your personal information from anything you post here. 

If this JP court will grant you approval to conduct discovery I can provide you with discovery that this law firm has never been willing or able to answer.

File a general denial immediately in the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, (your name), the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following:

I.  GENERAL DENIAL

Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence.

II. PRAYER

Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he is justly entitled to.

(Your name, address and phone number)

File it with the court and send a copy to the attorney's office that filed the lawsuit.  Ask the clerk how they would prefer you to go about requesting to begin discovery.

Hi @texasrocker, could I use this strategy instead of arbitration? Please check my thread up. Too many to read but I have too little time. Thank you and I appreciate your time and help.

@Proverbs, I'm sorry I didn't mean to hijack your thread.

 

[texasrocker]

29 minutes ago, indotx said:

Hi @texasrocker, could I use this strategy instead of arbitration? Please check my thread up. Too many to read but I have too little time. Thank you and I appreciate your time and help.

@Proverbs, I'm sorry I didn't mean to hijack your thread.

 

Of course you can use it but only if you get the JP court's approval to send discovery.   The main thing you need to do right now is file a general denial then decide how you want to defend it.    

[indotx]

4 minutes ago, texasrocker said:

Of course you can use it but only if you get the JP court's approval to send discovery.   The main thing you need to do right now is file a general denial then decide how you want to defend it.    

Ok, thank you so much! So general denial is my answer to the summons right?

[Clydesmom]

Cap1 removed arbitration almost 10 years ago. It is not an option for you. In your suit you will have to defend it in court.