AP1964 Posted January 22, 2019 Report Share Posted January 22, 2019 So, Friday I received 3 random letters from lawyers stating I was being sued by someone and I should hire them. The next day, I received 2 more similar letters. One of the letters stated it was PRA. So, for the past couple of days I have been running the gamut of emotions and mostly stuck in the "Fear" one. I absolutely know I have unpaid credit cards. I wont go into detail about the why's and what-fors as I am sure everyone has their own issues and they've all been told a thousand times over. I have read several things on here and other places about JAMS, AAA, MTC, arbitration etc and my head is spinning. I have not been served, I dont have any detail other than what the online search of the Tarrant county court site has shown which states it's in the JP court #1. Original petition filed 1/14/2019 by Brandi Marie Addison. Searching the internet, I found she is based in Dallas and has been licensed to practice for a year. Other than that, this is all it shows: 1/17/2019 EMAILED CTN to PCP//MR "My first and last name" Unserved. 1/17/2019 EMAILED CTN to PCP//MR 4/17/2019 Cleark Follow up/3 months 8 am Judicial officer "lists someone's name I assume the court clerk". It lists the plantif's name as PRA LLC and it shows they paid some fee of $46 which I assume is what they have to pay to start the law suit. Right now, I admit I am pretty terrified. I dont know what to do. Like I said, I have read several things but the more I read, the more I get confused. I guess, what I am asking is, what should I do at this point? Is there any way I can find out more information than what I see on the court website? Quote Link to comment Share on other sites More sharing options...
AP1964 Posted January 22, 2019 Author Report Share Posted January 22, 2019 I have to give some background that will affect my situation quite a bit. I am totally deaf. I read about arbitration etc and it being a conference call. Obviously, I can't listen to a phone call. It's impossible. \ Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 22, 2019 Report Share Posted January 22, 2019 4 hours ago, AP1964 said: I am totally deaf. I read about arbitration etc and it being a conference call. Obviously, I can't listen to a phone call. It's impossible. If or when it gets to that point this is actually very easy to deal with. Due to your verified medical condition that you cannot do a phone conference they would have to do in person hearings. Do not fret over this. A LOT has to happen before you get to this step. 4 hours ago, AP1964 said: I guess, what I am asking is, what should I do at this point? I would wait to be served and watch the court docket on line every couple of days or once a week to ensure alternative service is not used. Not sure what the "emailed" part is about for your service as Texas does not allow that for the initial service on a lawsuit. They do allow service by US Mail. 4 hours ago, AP1964 said: Is there any way I can find out more information than what I see on the court website? Is there a trusted friend who can go down and look at the paperwork? If you go they will serve you and that will start the clock on what you have to do next. The biggest thing you and we need to know is who PRA bought the debt from. Depending on who the OC is arbitration may not even be an option. Quote Link to comment Share on other sites More sharing options...
AP1964 Posted January 22, 2019 Author Report Share Posted January 22, 2019 Thanks, I kinda figured right now it's just in limbo until I get served. I just have to be patient which is not my strong suit I actually wondered if the deafness might in some way help me by making it more difficult for them. Quote Link to comment Share on other sites More sharing options...
AP1964 Posted January 22, 2019 Author Report Share Posted January 22, 2019 Well, so it begins. According to my wife, some woman came to the door looking for me. She told her i was at work and the woman said, "okay." and left. Quote Link to comment Share on other sites More sharing options...
AP1964 Posted January 24, 2019 Author Report Share Posted January 24, 2019 Okay, I was served last night around 7 pm. Figured I wouldn't hide, just get it over with. Below is answers to general questions that I have found searching this forum. At this point, my initial plan is to hire Jerry Jarzombek here in Fort Worth. I have reached out to him previous to being served and he said not to worry, that when I get served to contact him and we can discuss things. As stated previously, I am deaf, actually adult late deafened which means I was born with hearing but lost it as an adult. I speak fine, just cannot hear, I am still fearful of everything going on. Cant help it. That's a lot of why I am thinking of hiring Jerry. But, I wanted to post this information in the hopes that Texasrocker or others way more knowledgeable than I am, can see it and offer some advice. I realize that with Capital One involved, arbitration is no longer an option. Anyway, here is the info I think is typically requested. 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? (should be listed at the top of the complaint.) Rausch Sturm 3. How much are you being sued for? $3612.53 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Not sure. Woman asked for me and handed the unsealed envelope to me. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Texas, Tarrant Case will be in the JP court precinct #1 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 8/2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 2014 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served and I have to file an answer within 14 days. 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 I did not 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have to file an answer 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. None other than the "Facts" and "Counts" stated below. I have listed them in the numbered order as listed on the summons. D. Facts 6. On or about 10/2014, Defendant(s) opened a credit account with CAPITAL ONE BANK (USA), N.A. in the Defendants name under its account ending in XXXX Defendant used the account thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred 8/15/2017. Defendant defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently cancelled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about March 2018. On or about May 22 2018 CAPITAL ONE BANK (USA) , N.A. assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of Defendant'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.. Defendant(s) applied for and received a credit account bearing the account number (SAME NUMBER AS STATED ABOVE) Defendant(s) used or authorized the use if the account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement governing the Account with CAPITAL ONE BANK (USA), N.A. 8. Defendants breached the agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off on or about March 17, 2018. The current Account balance is $3612.53 which includes any applicable payments and credits. The Account is not accruing post charge-off interest. 9. That although demand has been made upon Defendant(s), neither 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 breach of contract. CAPITAL ONE BANK (USA) N.A.'s offer and extension of credit to Defendant's constitute performance and/or tendering of performance by CAPITAL ONE BANK (USA) N.A. 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 actual damages of $3612.53 All just and lawful offsets, credits, and payments have been applied to the 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(s) gave rise to the indebtedness, (2) there existed an agreement between the OC and the Defendant(s) which established the amount due to OC, and (3) the Defendant(s) promised to pay the OC on the indebtedness G. Damages 14. Plantiff seeks damages on it’s liquidated claim in the amount of at least $3612.53, which is within the jurisdictional limits of this court. H Conditions Precedent 15. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. I Miscellany 16. The undersigned attorney’s hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff’s attorneys are debt collectors. In looking through the forum, I found another very recent poster in Harris county being sued by PRA in which they used the same Law firm. He stated “There was a "Plaintiffs First Discovery Requests, Request For Disclosure, Request for Production, Plaintiff's First set of Interrogatories Attached" as well which says I have 50 days to respond to it. I can type it also if needed.” I didn’t receive anything at all like that. Just three sheets of papers on the summons with info typed on both sides, folded in half and stuck in a small, unsealed manila envelope that reeked of cigarette smoke. Quote Link to comment Share on other sites More sharing options...
AP1964 Posted January 25, 2019 Author Report Share Posted January 25, 2019 Update-I decided to retain the services of Attorney Jerry Jarzombek here in Fort Worth. He comes with such great recommendations I felt it was the best way to handle things. I will most definitely post an update as soon as more happens. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 25, 2019 Report Share Posted January 25, 2019 Just curious if you spoke to them about settling. Perhaps they would have taken less than Jerry's fee, since folks here say he's incapable of losing a case. Quote Link to comment Share on other sites More sharing options...
AP1964 Posted January 26, 2019 Author Report Share Posted January 26, 2019 No desire to speak with PRA. We will leave it at that. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted January 26, 2019 Report Share Posted January 26, 2019 18 minutes ago, Goody_Ouchless said: Just curious if you spoke to them about settling. Perhaps they would have taken less than Jerry's fee, since folks here say he's incapable of losing a case. If by chance you are referring to me I have never said that. He is not the attorney that I have mentioned who has lost only one case out of 160. He is one of the best and probably the most well known JDB defense attorneys in Texas but I do not know anything about his record of wins or losses. 9 minutes ago, AP1964 said: No desire to speak with PRA. We will leave it at that. Excellent answer. It is a terrible idea to ever initiate a call to a JDB for any reason under any circumstances and always ignore any calls initiated by them. Quote Link to comment Share on other sites More sharing options...
AP1964 Posted March 5, 2019 Author Report Share Posted March 5, 2019 Update-Case has been dismissed without prejudice. I understand what that means. I'd much prefer with prejudice, but I will take this dismissal none-the-less. Overall, I'm happy with my decision to retain Mr Jarzombek. He filed the answer then a couple of days later filed a motion for discovery. Next day, the attorney for plaintiff filed her motion to non-suit. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 5, 2019 Report Share Posted March 5, 2019 23 minutes ago, AP1964 said: Overall, I'm happy with my decision to retain Mr Jarzombek. What was his fee (ballpark), if you don't mind saying? Quote Link to comment Share on other sites More sharing options...
AP1964 Posted March 5, 2019 Author Report Share Posted March 5, 2019 When I say this, I don’t mean it in a snarky way whatsoever. I just prefer not to say. It was a bit more than I had hoped to have to pay but definitely not as much as some of the credit lawyers that sent me letters once they saw my name in the court records. If not for my deafness, I 100% believe I could have handled this all on my own. But the deafness aspect and dealing with the court just spooked me. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted March 5, 2019 Report Share Posted March 5, 2019 @AP1964 I'm very happy that you've achieved an outcome that works for you. Congrats! Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted March 6, 2019 Report Share Posted March 6, 2019 Still curious about what makes TX different. As plaintiff I would respond to "discovery" with BOS, affidavits, statements and an MSJ - just like everywhere else. All of that should already exist and is enough to prove the elements. It's not like they have to "work" any harder. Quote Link to comment Share on other sites More sharing options...
AP1964 Posted March 6, 2019 Author Report Share Posted March 6, 2019 59 minutes ago, Brotherskeeper said: @AP1964 I'm very happy that you've achieved an outcome that works for you. Congrats! Thank you! Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 6, 2019 Report Share Posted March 6, 2019 3 hours ago, AP1964 said: When I say this, I don’t mean it in a snarky way whatsoever. I just prefer not to say. I totally understand. It's neither here nor there in the big picture since only you can know what you're situation can justify. Congrats on the dismissal. I don't believe we've ever seen a JDB come back after a WOP dismissal. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.