Help with addressing Portfolio Recovery Associates LLC, williamson co tx

[Kiki297TX]

 

Below is more information on my particular situation, I am to receive documentation from a Processor tomorrow concerning what I am being summoned or served with.  With some information, I got from reading posts in this forum,  I was able to do research and checked the local County District Court site and got some information about the subject of the summons.  I used the template I also found others using to note the additional details for review here.  If anyone can give me additional resources, a template for my response to file with the court or even tips or checklist  I would appreciate it.   I am not admitting or denying anything but I don't want this debt collector getting a judgment against me and running the risk they can impact my life any more than they already have.  Also if anyone has used or would recommend a trusted attorney in the North Austin, Cedar Park or Leander, Texas area for this kind of situation please let me know.

1. Who is the named plaintiff in the suit? 

Portfolio Recovery Associates

120 Corporate Boulevard, Ste 100,

Norfolk, VA 23502 or 844-675-3408

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

John Kettler (retained)

3. How much are you being sued for?

Not sure pending official summons to be delivered by processor tomorrow, but per the dispute, I filed with Experian it lists debit as $6,520

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

As per my dispute with filed with Experian, the OC was original Synchrony Bank 

5. How do you know you are being sued? (You were served, right?)

Received note posted on at my home on the door from Processor trying to serve notice of summons on a suit.  I called number spoke with Processor and advised I received his notification on my door that day. I was calling to find out what it was about as I didn’t know what it was pertaining to. He didn’t have any details on the actual case other then it was a civil case filed against me in Williamson County District Court.  He advised he could schedule a time and place to deliver summons if that was more convenient. We agreed he could meet me in front of the building I worked on the following Monday and would text me when he was there.

6. How were you served? (Mail, In person, Notice on the door)

Assuming in person (pending actual delivery in person by the processor).

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

I believe so as it is to be delivered in person by the processor per our phone conversation.

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, if I received anything in the mail from RPA or any debt consolidation, collection, or similar company or organization I usually discarded it, like junk mail.  Nor have a spoken to the OC on this specific debit or card since 01/2016.  Not sure if it matters that I do have another account with OC that is in good standing that is currently open, but this particular debit has never been discussed.

9. What state and county do you live in?

Williamson Co., Texas

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

January 2016

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

November 2013

12. What is the SOL on the debt? To find out:

I believe 4 years in Texas

Statute of Limitations on Debts,

13. What is the status of your case? Suit served? Motions filed? NO 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

Currently noted as unserved as the Processor is to meet me tomorrow. I was able to find the register of action on Williamson Counties district courts website.  Filed on 2/01/19, noted as unserved at this time.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

I have disputed debt with RPA only with Experian - 9/04/2018- they note account opened on 04/19/2018 and past due as of 09/2018 which is not accurate for the original account/OC, they are claiming they are collecting for.

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 have 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? 

 Not sure yet, will know more tomorrow when Processor delivers documents.  Can update tomorrow with additional information if needed.

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. No evidence filed. 

Unknown pending receipt of documents from the Processor can update tomorrow with additional information, if needed.

 

[texasrocker]

@fisthardcheese

[fisthardcheese]

While you wait to be served, search to find your old card agreement from Synchrony Bank from the year you last were in good standing with the account.  If you can't find it from that same year, find the one closest to that year working backwards (in other words not beyond the year you defaulted).

The Synchrony Bank card agreement has a good arbitration clause in it.  Check the link in my signature below to see how we use arbitration to make debt buyers like PRA go away and drop lawsuits.  Your goal will be to file a motion with the court called a "Motion to Compel Arbitration" and get the court to grant your motion.  This will be a Court order that forces PRA into a corner where they must comply with the court and pay around $10k for arbitration (which they will not want to do just to collect $6k from you), so instead of being in violation of the court's order, they will agree to drop the lawsuit against you.

Again, there are more details in my link below.  After you have your summons and read up on the arbitration information, come back to this thread and we can help you proceed.

[Kiki297TX]

Ok, I was served today I received a Justice Court Citation (see attached file: JCC 4 pg document, I blacked out any personal info).   

I did look through my files and papers and I found the following documents not sure all are helpful in using as evidence in this instance. 

• Original Card hold agreement form 2013 issued by GE Capital bank (currently Synchrony bank)  see File:  ORIGINAL CCA 2013
• Card statement from 9/2016 which seems to be the last one I have on file - details on the back of statement do not mention arbitration see File: Statement details 9_2016.
• I also found an un-opened letter from Allied Interstate LLC (debt collector) dated 4/2016 attempting to collect on debt on behalf of Synchrony bank. I am not sure if that is beneficial as it does note the Recovery Profilio Associates is not the 1st to try and collect this alleged debt. 
• Research online I did find Lowes card agreement PDF from 7/2016 see file: CARD HOLD AGREEMENT REV7-16

I read the post on Arbitration, so I think I have the jest of what I need to do before my 14 days period is up.  I just need to file my answer and motion to compel for arbitration with the court, along with a notarized affidavit concerning the card agreement ASAP.  Then file the case with AAA or JAMS against JDB, using the forms and instructoons on their website.  Does it matter which one I file with since both were listed on the agreement?    

Thanks again for your advice and guidance concerning. 

CARD HOLD AGGREEMENT REV7-16.pdf

ORIGINAL CCA 2013 - Copy.pdf

statement details 9_2016 - Copy.pdf

JCC 4 pg document - Copy - Copy.pdf

[Goody_Ouchless]

Also check out other TX threads - @texasrocker has an approach that has more wins this year than any other. Perhaps he'll chime in if he has time.

[fisthardcheese]

13 hours ago, Kiki297TX said:

I read the post on Arbitration, so I think I have the jest of what I need to do before my 14 days period is up.  I just need to file my answer and motion to compel for arbitration with the court, along with a notarized affidavit concerning the card agreement ASAP.  Then file the case with AAA or JAMS against JDB, using the forms and instructoons on their website.  Does it matter which one I file with since both were listed on the agreement? 

Make sure you get your answer filed first, on time, and use as much of that time as you need to get it right.  Your MTC can be filed after that so that you are not on such a tight deadline.

Against PRA, I would use AAA arbitration, however, do NOT bother filing anything with them now.  Get through the court process first.  Get your MTC filed and granted and THEN deal with AAA.