RFamx7

Served, sued by Portfolio Recovery Assosiates re: Synchrony Bank (JCPenney)

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I was served papers that I am being sued in small claims court by Portfolio Recovery Associates, LLC.  It is about a JCPenney card in the amount of approximately $2300.  What can I do to get them to drop this?  My response is due to court by October 31st.  I copied this from a pervious post and put my answers.

 

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 (Roberto Jaramillo)

3. How much are you being sued for? $2318.36

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

5. How do you know you are being sued? Served on Oct 17th, 2018

6. How were you served? In person at my home even though the papers had an incorrect address to serve me

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

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I know of

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

10. When is the last time you paid on this account? January 2017

11. When did you open the account? August 2003 according to the papers

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

13. What is the status of your case? Suit served? Motions filed?  Served Oct 17th

 

 
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? Oct 31

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.

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****UPDATE*****

I won my case with the ongoing assistance of @texasrocker!  I filed everything that he advised me to in the manner advised to both the courts and PRA.  Ultimately, when advised by him,  I filled a Motion for Summary Judgement and got a court date.  The court date has came and gone, and I won, the judge was pleasantly surprised by all of my documents and the undisputable evidence and signed the MSJ!

 

Thank you @texasrocker for all of your advice, I could not have done this without you!

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Did PRA oppose your MSJ? Did they appear for the hearing? 

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12 hours ago, RFamx7 said:

Was at work just saw this. No they did not oppose the MSJ, or show up for the hearing.

Thanks for getting back to me on this.

Did they respond to your discovery requests prior to your filing the MSJ? 

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Very interesting. Thanks again for the info. And congrats on the win! 

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