radar Posted February 21, 2019 Report Share Posted February 21, 2019 1. Who is the named plaintiff in the suit? Midland Funding 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? $3,xxx.xx 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 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 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? CAMERON COUNTY, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014 12. What is the SOL on the debt? To find out: Four years. 13. What is the status of your case? 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? No 16. How long do you have to respond to the suit? Until March 4 (first Monday following 20 days from service) 17. What evidence did they send with the summons? No. Served with Original Petition and First Discovery for Disclosure, Production and Request for Admissions 18. How did you find out about this site? Internet search. Hello to all of you. I'm asking for help here as I navigate this law suit. I don't have very much legal knowledge, nor do I have the aid of an attorney, so any help is greatly appreciated. This law suit was filed against me in Cameron County, TX in a county court. I've submitted photo attachments of the Discovery and part of the Original Petition that I was served with. I have not submitted an Answer to the court just yet. I'd like to learn what advice you might have for me as the Original Petition contains certain claims and legal justifications such as "account stated" and 'breach of contract," which I'm not sure I wholly understand. Any help on what to include in my answer would be great. Where I could especially use some help, too, is in my responses to some of the questions in PRA's discovery request. I have 50 days from date of service to respond, and I don't want to fumble and lose my case. I marked some of the discovery questions that I especially needed help formulating a response to. I know that I have a debt with the Original Creditor; it's PRA that I'm not sure about. Should I acknowledge the debt with the Original Creditor, though? Also, since I was served with discovery am I able to submit discovery as soon as I file my answer with the court? Any help with a discovery package would be greatly appreciated. I want to understand their case against me better, but I don't want to burden them with naïve requests that could just make me look silly. Does any discovery I send them operate on the same time clock theirs does? I have 50 days to submit answers to their request. Any help is really appreciated. Thanks to all of you. I apologize about the photo quality. I don't have access to a scanner at this moment. I submitted what I thought would be useful and highlighted questions that I could use help answering. Quote Link to comment Share on other sites More sharing options...
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