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Sued by Portfolio Recovery in Texas


Guest moneylesspeasant
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Guest moneylesspeasant

I have been served and now I need to figure out my next steps.

 

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

3. How much are you being sued for? Approx $2,800

4. Who is the original creditor? (if not the Plaintiff) U.S. Bank National Association  (Could this be Comerica Bank?  It's the only place I've ever had a credit card) 

5. How do you know you are being sued? Received mail first from various lawyers, then was served.

6. How were you served? In person

7. Was the service legal as required by your state? As far as I know

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have not corresponded with anyone regarding this.

9. What state and county do you live in? Texas, Harris County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Feb. 2016

11. When did you open the account (looking to establish what card agreement may be applicable)? 2015

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

13. What is the status of your case? Suit served? Motions filed? Not sure, how would I find out?  So far I only have been served, papers mention no specific court date.

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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No

16. How long do you have to respond to the suit? 14 days

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have a section of "facts" but that is all.

 

I am not sure how to answer this, however I know that I would like to.  I want to go arbitration but am not sure what course I need to take.  Can I respond with a letter telling them my intent to file an MTC before I file it?  If so, how long do I have to file the MTC after I send the initial answer?  I have never been through this before and am a little lost.  I need to know how to find a copy of the original cardmember agreement.

 

Thank you in advance.

 

MP

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