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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And now .....here we go again??!

 

I just got an advertisement letter from a Houston lawyer offering to help as "they saw I'm being sued by PRA LLC".

 

So I just now looked and yup, PRA files a few days ago to try to sue again?!  /s "gee thanks JOP for such a gift that keeps on giving."

Now what?

Do I preemptively prep only a letter of denial for everything and ignore that this is a repeat?

OR can I get some advice or suggestions on how to point out how unfair it is for this the be repeated when THEY didnt' have to courtesy to show up for court and get a "do over" yet, a defendant doesn't get a "Do over"?

 

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

the JOP personally told me that I can file that "MTC" in their court at same time as filing "Answer" or as soon as possible after that...... wierd - I thought to myself. I then asked about how the clerks said to wait to file the "MTC" until after seeing JOP 1st  yet, isn't that legal advice contradictory to what you just told me? And the JOP kinda chuckled and said something to the effect of 'yeah, they shouldn't of said that, you can always file forms and requests before a hearing, it helps me understand better.' -thats my mental paraphrasing...../shrugs

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You can file both the same day.  You can also file online if you wish.   Wait to be served, but have all your stuff ready to go so you can file your answer.  In addition to the general denial you should include an affirmative defense if you are bring up arbitration.  This is so no one can argue you didn't bring it up as a defense and waived your rights to it.  Personal experience tells me PRA doen't really like arbitration so you should have leverage to ask for a dismissal with prejudice.

 

 

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On 11/4/2019 at 12:43 PM, Impress said:

You can file both the same day.  You can also file online if you wish.   Wait to be served, but have all your stuff ready to go so you can file your answer.  In addition to the general denial you should include an affirmative defense if you are bring up arbitration.  This is so no one can argue you didn't bring it up as a defense and waived your rights to it.  Personal experience tells me PRA doen't really like arbitration so you should have leverage to ask for a dismissal with prejudice.

 

 

Well, they tried to serve for a while and then got the "Alternative serving method approved" ... so earlier this week they used a rubber band and strapped it to the front door as "officially being served."

So, Now, I'll be re-reading the advice this weekend and forming the "Answer" to be sent in during next week.

Added question(s) of note, I have not worked in over a year since my VA surgery. How will that play a part? If at all? In forming the "Answer"? Or will that wait for the hearing?

Geez I should goto bed and read all the updates this weekend. As always folks. Thanks again for being here. Thanks for the wisdom. I hope I can keep doing the right thing with y'all guidence.

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17 hours ago, aTex-vet-42 said:

Well, they tried to serve for a while and then got the "Alternative serving method approved" ... so earlier this week they used a rubber band and strapped it to the front door as "officially being served."

So, Now, I'll be re-reading the advice this weekend and forming the "Answer" to be sent in during next week.

Added question(s) of note, I have not worked in over a year since my VA surgery. How will that play a part? If at all? In forming the "Answer"? Or will that wait for the hearing?

Geez I should goto bed and read all the updates this weekend. As always folks. Thanks again for being here. Thanks for the wisdom. I hope I can keep doing the right thing with y'all guidence.

Some JDB's have a hardship program in place, but I don't know if PRA is one of them.  As far as I know, in terms of judgements, the judge doesn't take into consideration whether you can pay, only if you are legally required to do so. 

Don't forget to read the Arbitration thread here...https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

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so here we go again....yippy skippy.

 

(X) AAA arbitration form filed online with attachments and paid for in the "Fast file" page.

(X) printed off 3 copies of the AAA form 1 as exhibit A in my answer a)court, b)PRA LLC copy to be mailed, c) mine

(X) printed off 2 copies of the arbitration agreement page as exhibit B for court as listed in "answer" a)court, b) mine

(X) printed off the "Answer" -3 copies. a)court, b) plaintiff, c) mine

(X) printed off the MTC -2 copies. a)court & b) mine

(X) printed off order to compel courtesy copy for court (2X) just incase

(X) printed off copy of AAA receipt with confirmation number

oops, discovered all out of envelops.... need to get them enroute to filing with JoP & mailing courtesy copies to PRA LLc "Rausch".

off to file.... (fingers cross) all goes smoothly in my favor.

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So heres an update of where I stand right now.

 

JoP court date is set for near the end of this Month for a ZOOM hearing.

I have not heard a peep from AAA nor have I seen any mail or email from them about the fast filed(and paid for Arbitration)

Several months back I got a letter from the PRA LLC asking to call them to settle this and pay up. I did not respond to them as I was awaiting the response from AAA first.

 

(kicks myself in the rear for not posting this when the JoP letter 1st arrive a few weeks ago. I've been distracted by getting ready for kiddos to school from home and my other VA crap.)

 

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15 hours ago, aTex-vet-42 said:

So heres an update of where I stand right now.

 

JoP court date is set for near the end of this Month for a ZOOM hearing.

I have not heard a peep from AAA nor have I seen any mail or email from them about the fast filed(and paid for Arbitration)

Several months back I got a letter from the PRA LLC asking to call them to settle this and pay up. I did not respond to them as I was awaiting the response from AAA first.

 

(kicks myself in the rear for not posting this when the JoP letter 1st arrive a few weeks ago. I've been distracted by getting ready for kiddos to school from home and my other VA crap.)

 

I am assuming that a"ZOOM" hearing is an online or some other type of video court appearance that does not require actually showing up in person, correct?

@fisthardcheese

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18 hours ago, texasrocker said:

I am assuming that a"ZOOM" hearing is an online or some other type of video court appearance that does not require actually showing up in person, correct?

@fisthardcheese

ZOOM is a video conference app that is popular in these COVID days.

On 9/8/2020 at 9:23 PM, aTex-vet-42 said:

So heres an update of where I stand right now.

 

JoP court date is set for near the end of this Month for a ZOOM hearing.

I have not heard a peep from AAA nor have I seen any mail or email from them about the fast filed(and paid for Arbitration)

Several months back I got a letter from the PRA LLC asking to call them to settle this and pay up. I did not respond to them as I was awaiting the response from AAA first.

 

(kicks myself in the rear for not posting this when the JoP letter 1st arrive a few weeks ago. I've been distracted by getting ready for kiddos to school from home and my other VA crap.)

 

You filed through the AAA website?  Did you get any confirmation number or email?  Call AAA and tell them you filed but have not heard anything and ask if there is a status update.  If they have your submission, ask them to send you an email confirmation that you filed so you can present it to the court.

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I'm a veteran struggling with PTSD and its added bonus of depression and anxiety crap.

I am "owning it here and now" - I mentally froze up for the last week over this like a darn deer in the headlights. 2 Days ago I found that somehow- some mistake- the email address that was attached to the AAA application was a completely different than I thought was attached to it! I created one that we used for anonymous stuff regarding our school district and the local paper... that email got locked up in Fedb/March when Covid ramped up and I forgot about it. Meanwhile I was keeping an eye out in the normal emails I always use. A little over a week ago I got that anonyous email finally unlocked and discovered that there are 5-6 emails from AAA about the case.

The last one sent on May 19th has this segment from the email:

Dear Parties:

We are in receipt of documents from claimant seeking to initiate arbitration between the above-referenced parties. Claimants submissions are incomplete; accordingly, the AAA will not proceed with administration. Specifically, claimant failed to submit the following items required to initiate arbitration under the rules:

 - An Agreement or contract clause providing for resolution of this dispute by the AAA or under its rules.

  The AAA has administratively closed its file. Upon receipt of the omitted items, the AAA will reopen a file and proceed with administration. Kindly reference the case number when re-submitting the demand.

 

So I saved in a text file, a segment from someone else's thread (posted 3/7/17) where @Fisthardcheese suggested considering the following : "in a demand for arbitration against PRA would say something like "violations of the Fair debt collections practices act and violations of [edit for my state] fair business practices act by communicating false & misleading representaion in connection with the collection of an alleged debt"

They also added that -that little bit is all that is required. and then suggested a modest statutory $1K in damages for the claim.

 

A) I found my web-filed documents that i did sent to AAA. This is question #2 & 3 on the AAA form.

2. Briefly explain the dispute: Billing Dispute and Violation of the Fair Debt Collection Practices Act

3. Specify the amount of money in dispute, if any: $1403.68

B) I made a pdf of a part of the lowe's credit form/rules/what-have-you and it shows that this was sent along in the application I filed. So Now I wonder what They need from me. Its now 4:56 CDT on Wednesday. Y'all suggest calling them at AAA but, the emails from them always say email only yet they give the 800 number to call as well.

C) Tomorrow morning I was planning to call and ask what the specific data was they needed from me to send them.  I was also thinking of asking them what all they did receive when I initially filed. Suggestions?

D) my Zoom (video conferencing style) court hearing is scheduled for next week -wednesday IIRC.

E) Geez-o-pete I can't believe I let this happen. I'm trying to shake the fear off my shoulders and dust myself off from my own mistake(s). I have a VA tele-vid-mentalhealth counseling session at 11AM tomorrow as well.

F) oh and it didnt help to have our water well die on sunday night the 6th of this month either. We got it finally repaired/replaced this sunday/monday. Turns out something failed, causing it to overheat and it balloned the PVC threads and it fell off the threads to the bottom of the well. Also discovered the power cord was no longer watertite so that was more excitement... $4K  all told to fix it, yehah...

 

G) Oh and the Justice of the Peace court called requesting my email ID for them to send me the zoom link for the hearing. I will be calling them tomorrow to give them an email, just not sure what email I'll give them as I don't know IF that will be public info and thus, the PRA would then have access to it???

Edited by aTex-vet-42
added part "F" & "G"

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I called AAA a few minutes ago and they talked me thru what to write and I sent the email right before starting this update.

Basically it was Initially identifying myself as the claimant and that I should have a reply within 24 hours.

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email replied this morning from AAA. with it were here is the reply:

Hello,

 Thank you for contacting the American Arbitration Association. We did not receive an agreement or contract clause providing for resolution of this dispute by the American Arbitration Association or under its rules for Rausch Sturm as per your demand or comments requested to the objections from the respondent see attached. We have closed this case as deficient filing. This matter would have to be refiled  by the claimant with the appropriate documents and filing fees.

 At this time this matter remains closed.

 Thank You,

Consumer Filing Team

SO when I get back from running errands, I will redact the 6 pdf's associated with this screw up of mine and post them here as a follow up.

And, I now have to ask for what I should do next. /facepalm

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