TeresaT Posted October 28, 2018 Report Share Posted October 28, 2018 I recieved several letters saying I am being sued by Portfolio Recovery Associates. I have a case number on the letter but when I search the Harris County clerks webpage to find out who the creditor is nothing comes up. I am not sure how to proceed . Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 28, 2018 Report Share Posted October 28, 2018 Have you lived in any county other than Harris? If so, then the case might be filed there. You can also probably do a search on the case with your name as a party to the case. Once you find out who the creditor is, we can discuss a strategy. In the meantime, don't do anything until you are served or know who the creditor is. Also, do not try to evade the process server. It will just make things worse. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted October 28, 2018 Report Share Posted October 28, 2018 Check the JP courts also. Do not hire any of the "ambulance chaser" attorneys that send these notices. Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 How do I check a JP court? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted October 28, 2018 Report Share Posted October 28, 2018 12 hours ago, TeresaT said: I recieved several letters saying I am being sued by Portfolio Recovery Associates. I have a case number on the letter but when I search the Harris County clerks webpage to find out who the creditor is nothing comes up. I am not sure how to proceed . Do the letters show the county as well as the case number? Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 Yes but I when I check the Harris County clerks webpage with the case number nothing comes up. Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 3 hours ago, texasrocker said: Check the JP courts also. Do not hire any of the "ambulance chaser" attorneys that send these notices. Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 So I found the case in the JP court. The creditor is American Express for $5,145 and change. How should I proceed. I am so scared. Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 28, 2018 Report Share Posted October 28, 2018 Remove that image with your case number. TOO much personal information you don't want on the web or this site. AMEX does not sell their debts. I think you misunderstood that PRA and their lawyer used and AMEX card to pay the filing fee. Until you are served you won't know who PRA bought the debt from and what the best strategy might be. Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 I was incorrect. I looked into debt relief and based on the amount listed the creditor is capital one. Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 When I spoke with the debt relief person he thinks that if I start now , enroll in debt relief I will still be able to include the debt that I am being sued for. I don’t know if I should do this or wait and try to make some kind of arrangements with them( PRA) My worry is they will buy other debts and just keep suing me. I don’t even work right now. Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 35 minutes ago, Clydesmom said: Remove that image with your case number. TOO much personal information you don't want on the web or this site. AMEX does not sell their debts. I think you misunderstood that PRA and their lawyer used and AMEX card to pay the filing fee. Until you are served you won't know who PRA bought the debt from and what the best strategy might be. I can’t figure out how to delete it. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 28, 2018 Report Share Posted October 28, 2018 3 hours ago, TeresaT said: I looked into debt relief and based on the amount listed the creditor is capital one. Okay, the bad news is Capital One removed arbitration from their card agreements so you are going to have to defend the suit or settle it. 3 hours ago, TeresaT said: When I spoke with the debt relief person he thinks that if I start now , enroll in debt relief I will still be able to include the debt that I am being sued for. He is flat out wrong and lying to you. PRA has ZERO reason to drop this suit even if you enter into debt relief. They will collect far more with a judgment than their "debt relief." Second: DO NOT ever enter into debt relief. They take most of your money for themselves and most people still end up being sued. NOTHING good comes from debt relief. ANYTHING they can do you can accomplish yourself with 1000% of the benefit going to you. 3 hours ago, TeresaT said: My worry is they will buy other debts and just keep suing me. I don’t even work right now. If you are not working right now then you are collection proof even if they do get a judgment. So if you have no assets like a home or expensive car then there is nothing for them to take. If you are not working right now you can get a free consult from a bankruptcy attorney to find out if this is the time to file and wipe out all the debt so that when you do get re-employed you can rebuild. As for getting rid of that image: message one of the moderators and see if they can delete it. 1 Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 28, 2018 Author Report Share Posted October 28, 2018 Nothing is in my name, the house or cars but I am married. Couldn’t they go after my husband. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 28, 2018 Report Share Posted October 28, 2018 @texasrocker even if they get a judgment, they can't really collect on it, can they? Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 29, 2018 Author Report Share Posted October 29, 2018 3 hours ago, Clydesmom said: Okay, the bad news is Capital One removed arbitration from their card agreements so you are going to have to defend the suit or settle it. He is flat out wrong and lying to you. PRA has ZERO reason to drop this suit even if you enter into debt relief. They will collect far more with a judgment than their "debt relief." Second: DO NOT ever enter into debt relief. They take most of your money for themselves and most people still end up being sued. NOTHING good comes from debt relief. ANYTHING they can do you can accomplish yourself with 1000% of the benefit going to you. If you are not working right now then you are collection proof even if they do get a judgment. So if you have no assets like a home or expensive car then there is nothing for them to take. If you are not working right now you can get a free consult from a bankruptcy attorney to find out if this is the time to file and wipe out all the debt so that when you do get re-employed you can rebuild. As for getting rid of that image: message one of the moderators and see if they can delete it. I am thinking bankruptcy may be the way to go. After I figure out what to do with this case. I could kick myself for making such stupid decisions. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted October 29, 2018 Report Share Posted October 29, 2018 2 hours ago, Harry Seaward said: @texasrocker even if they get a judgment, they can't really collect on it, can they? I have not yet seen enough information to form an opinion but I know I would certainly try to avoid it regardless. She could be required to answer post-judgment discovery under oath and/or be deposed, and/or be under a court order to provide personal information such as past tax returns and bank statements that could potentially open up more cans of worms. Having a judgment against you can be a major hassle. Just because you think you have nothing now that they can take does not mean it is over and done with unless you are permanently disabled or plan to be on Social Security (or another form of exempt income that I will list) for the remainder of your life. They can renew the judgment after ten years which could have by then ballooned multiple times as interest adds up. If one is in a rut having hard times it is natural to try to get out of it and start over or at the very least gradually make things better. A judgment hanging over your head prevents this and you may never get out of the rut, more than likely digging yourself deeper into it. If you ever open a bank account, get an inheritance or divorce settlement, or start your own business they will be right on it like vultures. Also if you are on exempt income do not mix those funds in a bank account with a spouse's (or anyone else's) earnings or it may no longer be protected. Keep it in a separate account. Examples of exempt income: Social Security or Social Security Disability Income Veteran’s benefits Public assistance (welfare) benefits Retirement benefits Worker’s Compensation and vocational rehabilitation benefits Unemployment benefits Court ordered child support or spousal support Quote Link to comment Share on other sites More sharing options...
texasrocker Posted October 29, 2018 Report Share Posted October 29, 2018 7 minutes ago, TeresaT said: I am thinking bankruptcy may be the way to go. After I figure out what to do with this case. I could kick myself for making such stupid decisions. That is a good idea especially if you don't really own anything of value and you foresee more lawsuits over the horizon. It will only screw up your credit for seven years as opposed to indefinitely with a judgment and the best thing is the JDB gets exactly what they deserve- nothing. For now just rest your mind and wait until you are served and then file a general denial. Ignore the cheap-shot attorneys' solicitations and ignore any calls or letters from the JDB (Portfolio Recovery) Quote Link to comment Share on other sites More sharing options...
TeresaT Posted October 29, 2018 Author Report Share Posted October 29, 2018 What is JDB? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 29, 2018 Report Share Posted October 29, 2018 2 hours ago, TeresaT said: What is JDB? Junk Debt Buyer 1 Quote Link to comment Share on other sites More sharing options...
TeresaT Posted December 14, 2018 Author Report Share Posted December 14, 2018 I was finally served on Tuesday December 11th. I am looking at how to proceed. I know texasrocker has steps but I am not sure where the posting is . Quote Link to comment Share on other sites More sharing options...
texasrocker Posted December 15, 2018 Report Share Posted December 15, 2018 8 hours ago, TeresaT said: I was finally served on Tuesday December 11th. I am looking at how to proceed. I know texasrocker has steps but I am not sure where the posting is . For your answer use 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 she is justly entitled to. (Your name, address and phone number) File it with the court immediately and send a copy to the attorney's office that filed the lawsuit. Check you PM as I sent you contact information for a good attorney. Quote Link to comment Share on other sites More sharing options...
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