TexasSweetheart

PRA Suing Me in Texas! I need HELP on handling the Laswsuit

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Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc.

They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did.  How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use  it .I need to turn it in asap and  how should I handle this,, any thoughts or assistance? 

 

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit? 

Portfolio Recovery a$$

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

County Court

3. How much are you being sued for?

1,290.05

4. Who is the original creditor? (if not the Plaintiff)

Synchonry Bank 

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, I don't know how the process server found my new location .

7. Was the service legal as required by your state?

I believe so

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None,never received any mail, since I changed addressed I didn't have any correspondence from them.

9. What state and county do you live in?

Cameron County in TX

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

May 2017  SOL in TX is 4yrs from what I looked up online

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? To find out:

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) 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

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').

None.

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?

14 days

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

None just their 3 pages of petition and the original and copy of serve document.

18.  How did you find out about this site?

Google

18. Read these two links:

PRA1.jpg

PRA3.jpg

PRA4.jpg

PRA5.jpg

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Synchrony has the BEST arbitration clause of any of the creditors.  The best way to defeat them and get them to drop the matter is a motion to compel arbitration. I would file an answer with an affirmative defense that you have elected private arbitration in JAMS per the contract belonging to the account alleged in the complaint and file a separate motion to compel arbitration at the same time as the answer.  

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Do you have an example template I can use to guide me on how to write the answer? 

For Motion to Compel Arbitration should it include: Answer, CC Agreement, Jams form and what else @cyldesmom

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@fisthardcheese

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We've seen TX judges reject arbitration requests. I'd go with the much more proven TXRocker Discovery System, which has been proven to be the most effective strategy for Texans in 2019. It's worked for you before, so why change?

 

 

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I've been sued before by JDB (Asset Acceptance). I forget exactly what I put on my intent to defend......it was something like I dispute the debt. I think I requested DV (debt validation/verification). They only provided me with bank statements and some sort of affidavit. The statements all showed the original creditor. The JDB had no proof that they owned the account meaning I don't owe them I owe the original creditor who is not suing me because apparently they have sold the debt to the JDB for pennies and didn't do the proper documentation when transferring the account. I'm sure you're in the same situation. I would not claim the debt when you go to court I would just say the debt is not mine, I'm not aware of it. Have the JDB prove they own the account. That's what I did in court and they couldn't prove it so the judge ruled in my favor. I'm in Maryland so I'm not sure if this is applicable in Texas, if anyone is aware of this working please let us know. Hope it all works out for you!

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@TexasSweetheart Have you read this thread on up-to-date arbitration advice?:

Here are some Texas case citations:

In re FirstMerit Bank, N.A., 52 S.W.3d 749, 753 (Tex. 2001).

"A party seeking to compel arbitration by mandamus must first establish the existence of an arbitration agreement subject to the FAA.[5] Once the movant establishes an agreement, the court must then determine whether the arbitration agreement covers the nonmovant's claims.[6] Because state and federal policies continue to favor arbitration,[7] a presumption exists favoring agreements to arbitrate under the FAA,[8]and courts must resolve any doubts about an arbitration agreement's scope in favor of arbitration.[9] Once the trial court 754*754 concludes that the arbitration agreement encompasses the claims, and that the party opposing arbitration has failed to prove its defenses,[10] the trial court has no discretion but to compel arbitration and stay its own proceedings.[11]

[snip]

"The de los Santoses contend that the Arbitration Addendum is unconscionable because arbitration might subject them to substantial costs and fees. On this issue, in Green Tree Financial Corp. v. Randolph, the United States Supreme Court recognized that "the existence of large arbitration costs could preclude a litigant ... from vindicating her federal statutory rights...."[24] Nonetheless, the Supreme Court concluded that an arbitration agreement's mere silence with respect to costs and fees, by itself, is a "plainly insufficient" basis for invalidating the agreement.[25]Instead, the party opposing arbitration must prove the likelihood of incurring such costs.[26] To hold otherwise would "undermine the liberal federal policy favoring arbitration agreements."[27]

 

Royston, Rayzor, Vickery & Williams, L.L.P. v. Lopez, 443 S.W.3d 196, 202 (Tex. App.-Corpus Christi 2013, pet. filed) (orig. proceeding).

"When parties agree to arbitrate and the agreement encompasses the claims asserted, the trial court must compel arbitration and stay litigation pending arbitration. See TEX. CIV. PRAC. & REM.CODE ANN. § 171.021(b); Meyer v. WMCO-GP, LLC, 211 S.W.3d 302, 305 (Tex.2006); PER Group, L.P., 294 S.W.3d at 384."

"Texas law embraces arbitration. The Texas Supreme Court has recognized arbitration as a potentially efficient, cost-effective, and speedy means of resolving disputes. See In re Olshan Found. Repair Co., 328 S.W.3d 883, 893 (Tex.2010) (orig. proceeding) ("we also recognize that arbitration is intended as a lower cost, efficient alternative to litigation"); In re Poly-America, L.P., 262 S.W.3d 337, 347 (Tex. 2008)(orig. proceeding) ("arbitration is intended to provide a lower-cost, expedited means to resolve disputes"); Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 268 & n. 3, 269 (Tex.1992) ("the main benefits of arbitration lie in expedited and less expensive disposition of a dispute")."

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@texasrocker @Goody_Ouchless

 I trust your advice and I would like to get assistance on how to ask for debt validation or motion for discovery. I have been busy at college with classes and I have fallen behind on this lawsuit. Can I use the answer Tx Rocker provided me with before and just edit it with the new info of the plaintiff? How should a motion for discovery look like or include? or can the answer have a section requesting debt validation?

 

Thank you guys for your help!

 

 

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Can I re use this for this case

 

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 she is justly entitled to.

(Your name, address and phone number)

 

 

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 You cannot be waiting around to file your answer.  You need to file a general denial as soon as possible upon being served. 

There is no point in requesting debt validation after the lawsuit has been filed and actually very little point in it at all. 

There is no such thing as a motion for discovery and you cannot participate in discovery if you wish to use arbitration.

I am not "TX rocker"

@fisthardcheese

 

 

 

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