aTex-vet-42

Texas JP court & P.R.A. LLC

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After wondering the web, researching PRA lawsuits, and finding this site I found several cases that started to look similar to what mine might end up being.  There's been a lot of great advice on how to respond to the Plaintiff's original petition & First Discovery Requests etc.  I'm not 100% sure this  "as yet UNserved suit" is my responsibility.

1) There is a mis-spelling of the name with my address.

2) This might be connected to an ID theft issue by worker bee (this could be distracting T.M.I. for now)

3) IF for some reason that this is found to be an issue where the ID Theft issue is the cause for the Credit card debt to be unpaid (documents & data stolen/ falsely told paid off by the worker bee) then i would be honestly willing to pay my fair amount.

4) I will continue to look for an Arbitration clause in the old paperwork that I have found hidden here by worker bee.

4.1) IF it is actually mine then I believe I need to get ready for sending in a denial letter & the MTC Arbitration for Synchrony credit card journey

4.2) I have just found the JoP court rules and the DFW area County "local rules" referenced in a thread I have followed here today as well (i've opened them in tabs and downloaded them -will read them tomorrow & this weekend)

4.3) I also have looked up the Consumer Attorney links in thread I have also followed today & see the DFW offices and the hint toward the Fort Worth office as very good too. Should I go ahead and call a couple for the 1st free consult about this "tip of the iceberg" PRA LLC unserved issue?

4.31) and its possible barrel of worms (ID Theft worker bee) its connected too?

From the JoP search page & I called the JoP office for any info as I had started to get the "Ambulance chaser" Attorney's snail mail offers with a case/cause number I can answer these details so far:

1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates LLC    (looks to be Synchrony Bank for a "Big box store" from what the clerk could tell me over the phone when they said I would just have to wait to be served to know more details -if its ID theft or not)

2. Amount? Under $2000.00

 

That's as concise as I can be for now. Thanks for all of the help y'all have done for so many others and thanks in advance for the help I'm starting to ask for....

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What is "worker bee"? 

If and when you are served file an answer even if it is a simple general denial.  Do not send discovery if it is in a JP court as the rules require you to get the court's approval first. 

Jerry Jarzombek (817) 348-8325 is the best JDB defense attorney in the DFW area. 

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"worker bee" is someone who was working in our home/office as an assistant. After several years of what we thought was wonderful trustworthy service - we discovered the "worker bee" had been stealing from us personally (vehicle titles, kids documents, wedding band, etal) and from the business as well as not taking care of payments when setting them up or stopping payments or taking stuff back with reciept and returning to get the cash in hand......

 

So, as an update, still have not been served. Found original CC agreement and have read the arbitration clause its got a 2015 form date too. So now I'll still prep the initial denial form letter and I have read the arbitration thread 2x too. I have found the JP rules for the county and i think for the PCT JP's specific court too.... have to finish reading what I have downloaded.

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UPDATE. So they got permission for Alternate service...I think this qualifies as being served now? I'll try to redact the pages again & post tomorrow. I have read the 2015 document about arbitration twice now. Going to rough-out the "Defendants original answer" form tomorrow. The JoP's rules i think I found are more for how the county tells the JP's how to run the court & offices?

So, as i head to bed the list i have to do is:

1st. file the "original answer Denial" form

2nd fill out the M.T.C. for arbitration and fill out the letter and send it to the arbitration folks & to the JDB lawyer

3rd be ready to submit the MTC and be ready to mail the letters out at same time?

4th breath. it will all workout.

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13 hours ago, aTex-vet-42 said:

The JoP's rules i think I found are more for how the county tells the JP's how to run the court & offices? 

The JP court rules enacted in 2013 are in Part 5 (Rules 500-510)  of the TRCP.    http://www.txcourts.gov/media/1435952/trcp-all-updated-with-amendments-effective-january-1-2018.pdf

 

13 hours ago, aTex-vet-42 said:

2nd fill out the M.T.C. for arbitration and fill out the letter and send it to the arbitration folks & to the JDB lawyer

3rd be ready to submit the MTC and be ready to mail the letters out at same time?

@fisthardcheese

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Anxiety overloaded me the last 3 days. I can't seem to find previously uploaded/redacted examples of a "original answer form" for Tx JP. I ffeel like I have a thread open that was open and i was going to save it for editing for myself but, never saved it to do this with.......

 

help?

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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.

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As an update, I turned in a slightly modified GD letter from above. Thank you @texasrocker. Mailed cert. copy to PRA same day. Have the MTC ready. Found out from JP Staff that the soonest I'd head from them would be after the 4th or 5th of Jan. 2019 and that a court date would be set at least 45 days from the day its mailed out from them... I see nothing updated on the JP's file so far - so at least 45 days from today is my current piece of mind.

 

side note my cell # has been on DNC registry for years (currently still registered too) and I'm curious how i can lump all the collections calls at all hours to them as the numbers have all been googled to VOIP credit recovery ID's over the last year alone... but- i didn't see any connected to PRA directly. Did I not look/google correctly?

 

I'd enjoy filing a FCRA claim against them in arbitration. I havent seen anyone say its wise to point this out in JP/ court..... or did i missunderstand  other threads i've read?

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So, Update after a surprisingly long wait, I got a court date with the "heads up" letter in the mail from the court. Justice of the Peace court.

 Session is today. I have the MTC all ready. I'm a disabled veteran & nervous as all get out. F.E.A.R. (an acronym I learned while in the Navy) False Evidence Appearing Rear has been on & off my shoulders all week.

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And now the conclusion?

I sat there all worried and stuff, self doubt and all that fun stuff. They didnt show up. So The Judge dismissed the case. I asked if that was with or without prejudice. He said without incase they want to bring it up again but, your free to go.

 

On a odd note , I'll update later on the "procedural vs. legal advice" for submitting MTC's in this JoP court.

 

Thank ya'll for the wonderful resource this place is.

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