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Sued By Portfolio Recovery Associates, LLC by Rausch Sturm Again

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Portfolio Recovery Associates, LLC:  Rausch, Sturm, Israel, Enerson & Hornik, LLC
Synchrony Bank  (Lowes): Served by Deputy Sheriff on Oct 30, 2018

No Correspondence before suit.

Mason County TX Justice Court

Alleged Last Payment: January 5, 2017

Plaintiff filed Petition only no Exhibits

Plaintiffs Original Petition

A. Parties

1.  The address for the plaintiff, Portfolio Recovery Associates, LLC...

2. Defendant......

B. Jurisdiction

3. Plaintiff seeks only monetary relief of $100,000 or less.

4. Plaintiff asserts that the above-named court has Jurisdiction over the subject matter of this case and the person of the defendant and that the damages sought are within the jurisdictional limits of this court.

C. Venue

5. Venue of this action is proper in the county named above because the defendant is/are individual believed to be residing in said county at the time of commencement of the suit.

D. Facts

6. On or about June 07, 2015, Defendant(s) opened a credit account with SYCRONHY BANK (LOWES) in the Defendant's(s') name under its account number ending in ************4321. Defendant used the account and thereby became obligated to pay for the entire balance owed on the credit account.  Plaintiff records indicate defendants last payment on the account occurred on January 5, 2017.  Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 09, 2017.  On or about July 19, 2017, SYCRONHY BANK (LOWES)  assigned Defendant's(s') credit account to Plaintiff, and Plaintiff is the current holder of Defendant's (s')account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full.

7. On or about June 07, 2015, Defendant(s) applied for and received a credit account bearing the account number ************4321.   Defendant(s) used or authorized the use of the Account for the acquisition of goods, services, balance transfers, or cash advances in accordance with the customer agreement governing the use of the account with SYCRONHY BANK (LOWES).

8. Defendant(s) breached the agreement by failing to make periodic payments as required thereby and the Account was subsequently chared-off on or about June 09, 2017.  The current account balance is $925.21 which includes any applicable payments and credits.   The Account is not accruing post charge-off interest.

9. That although demand has been made upon the Defendant(s), neither the said sums or any portion thereof has been paid.

10.  Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.

E.  COUNT 1: Breach of Contract

11. Plaintiff is entitled to recover for breach of contract.   SYCRONHY BANK (LOWES)'s offer and extension of credit to the Defendant(s) constitute performance and/or tendering of performance by SYCRONHY BANK (LOWES).  Defendant(s) use of the credit account constitutes acceptance of the terms of the account proposed by SYCRONHY BANK (LOWES).  Defendant(s) failed to repay the amount owed on the account and thereby breached the contract.

12.  Defendant(s)' breach was a proximate cause of the actual damages of $925.21.   All just and lawful offsets, credits, and payments have been applied to account.

F. COUNT 2: Account Stated

13. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant which established the amount due to the Original Creditor, and (3) the defendant promised to pay the Original Creditor on the indebtedness.

G. Damages

11. Plaintiff seeks damages on its liquidated claim in the amount of at least $925.21 which is within the jurisdictional limits of this court.

H. Conditions Precedent

12. All conditions precedent to plaintiffs claim for relief have been performed or have occurred.

I. Miscellany

13. The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorney are debt collectors.

J. Prayer

15. For these reasons, Plaintiff asks that the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against Defendant for the following:

a. Actual damages in the amount of $925.21

b. Court costs

c. All other relief to which the plaintiff is entitled

Respectfully Submitted,

RAUSCH STURM

ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION

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Synchronicity has a great arbitration agreement.

PRA generally doesn't follow into arbitration.

Consider filing an MTC.  There are LOTS of threads dealing with Sychronicity and PRA, often this particular law firm, and many of the threads are specific to Texas.

For the record, I have taken this particular law firm to arbitration for two different accounts.  When a third account was sent their way, they decided they didn't want to deal with me anymore.  

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4 minutes ago, BackFromTheDebt said:

Synchronicity has a great arbitration agreement.

PRA generally doesn't follow into arbitration.

Consider filing an MTC.  There are LOTS of threads dealing with Sychronicity and PRA, often this particular law firm, and many of the threads are specific to Texas.

For the record, I have taken this particular law firm to arbitration for two different accounts.  When a third account was sent their way, they decided they didn't want to deal with me anymore.  

Thanks, @BackFromTheDebt !    I plan to do exactly that for this one!

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 Should I get the current cardmember agreement for the arbitration clause, when the account was opened, or the one around the time that I allegedly defaulted?     You can get card agreement from the CFPB here

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My gut tells me mostly static. I downloaded the "most current one" from the gov website download page... its a form dated 6/2017 and its got a few little difference from mine dated rev 7/2015 but, the arbitration section seems static as i glanced over them.

I am also preparing similar tools.

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