mquinton12345 Posted October 24, 2018 Report Share Posted October 24, 2018 I just found this site today and need to figure out what options--if any--I have left. I was sued back in May of this year. I filed an answer denying all allegations and demanding proof (boilerplate "Defendant denies all of the Plaintiff's allegations and demand that the allegations be proven."). A judge trial date was set for November 5. I was obviously--and wrongly now, I realize--under the assumption that they would send me some form or fashion of the proof. After looking over the site I see now that it seems I was supposed to file a discovery motion. I have not spoken to them yet (I did leave a message regarding case number only), and I sent an e-mail regarding the possibility of a continuance as the court here in Texas says that I have to discuss a continuance with them. I am currently looking to file the continuance as I got an automated reply from the e-mail address of the only lawyer I received a letter from (who is different from the lawyer that sued me). I have no idea if that will work or not, and don't know what I can or should do at this point. Clearly showing up and hoping for the best is a terrible idea. I have attached the relevant claims from the initial suit. 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? Michael J Garza (letter received after answer filed from Roberto Jaramillo) [both lawyers listed with Rausch Sturm] 3. How much are you being sued for? $1080.56 4. Who is the original creditor? Synchrony Bank (Walmart) 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state? Yes TEXAS Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto. 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/Harris 10. When is the last time you paid on this account? Between March and May of 2015 11. When did you open the account? January or February of 2014 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit served? Motions filed? Hearing Information Hearing Description: Judge Trial Hearing Date/Time: November 05, 2018 10:30 AM Event Information Event Description: Citation Date Added: April 24, 2018 Event Description: Debt Claim-Citation Date Added: April 24, 2018 Event Description: Original Petition Filed Date Added: April 24, 2018 Event Description: Service Return Date Added: May 15, 2018 Event Description: Answer Filed Date Added: May 21, 2018 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Already answered 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Plaintiff's Original Petition only lists their claims. There are no affidavits, contracts, nor statements from the OC. suit.pdf Quote Link to comment Share on other sites More sharing options...
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