Impress

PRA/Cap 1 lawsuit Texas - Court Rescheduled

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Hi all,

It seems PRA is sue happy.  They also seem to be using in-house lawyers rather than an outside lawfirm. 

Here's my info.  Any help with this is appreciated. 

 

1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates LLC assignee of CAPITAL ONE BANK (USA), N.A./CAPITAL ONE BANK (USA) NA 

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

PORTFOLIO RECOVERY ASSOCIATES

3. How much are you being sued for?

$6412.28

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

CAPITAL ONE 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)

Given to my roommate

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

I believe so

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

I've received some mail saying I owe the debt but have not responded back

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)

According to the paperwork my last payment to Cap1 was December 16, 2016

11. What is the SOL on the debt?

4 years

12. 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).

Active

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

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.


No

 

15. 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 of being served.   Service Return is 3/25 so 4/08

 

  Attached is the paperwork I was given. 

 

I know I have to file a general denial such as this, along with a certificate of service. 

DEFENDANT'S ORIGINAL ANSWER

Comes now, <my 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 he (or she) is justly entitled to.

(My name, address and phone number)

Since Capital One did away with arbitration, I know I will need to conduct discovery.  And since it's in JP court, I will first need to ask to conduct discovery.  Can I include that request with my denial or is that separate document?  How do I word it?

Also, since I will be efiling this, do I need to print and send a copy of my response to the attornery, or will adding their email (if they haven't already) as a service contact be ok ? 

Redacted Info.pdf

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46 minutes ago, Impress said:

Can I include that request with my denial or is that separate document?

It is a separate motion.

46 minutes ago, Impress said:

How do I word it?

You ask for permission and include what you are seeking in discovery.  i.e. 6 months of bank statements from X to Y date, card agreement etc. DO NOT ask for the signed contract. The court knows there isn't one and will not expect it.  Use your valuable discovery on things that will yield the result you want.

48 minutes ago, Impress said:

Also, since I will be efiling this, do I need to print and send a copy of my response to the attornery, or will adding their email (if they haven't already) as a service contact be ok ? 

NO you cannot serve the answer and motions on them by email. You must include the certificate of service and send it certified mail return receipt.

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2 hours ago, Clydesmom said:

NO you cannot serve the answer and motions on them by email. You must include the certificate of service and send it certified mail return receipt.

Things have changed. Now you can serve everything but the original citation by email or e-serve it. 

Also in your signature, besides your name, pro-se, address and phone number, you must include your email address. Fax number is optional unless you are an attorney.

One last thing, you can include an electronic signature. All you need to do is include:  /s/ your name

on the line where your signature would go.

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Hi all,

So I've been checking the JP website periodically for updates on the status of my case and today noticed that a Judge trial has been set for October.   However, I haven't been granted permission to conduct discovery.  I have been checking both my physical mail and email and have received nothing.  Is this unusual?  I know the courts received my request for discovery as it is listed under the event discovery.   Not sure what to do (besides show up for court of course).   First time in court for anything other than a speeding ticket.  Any tips?

Thanks for all your help. 

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So I checked the court docket for the date of my case and noticed three others listed for the same time.  2 of which also list PRA as the plaintiff.  I'm wondering if this could be a hearing regarding my motion for discovery.  Any opinions?

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On the suggestion of  @texasrocker I contacted the court about my hearing.  It was for trial not for my motion.  I was able to set a motion hearing for the same day and will request a continuance then if granted.  Does anybody know if I need to contact the other side and let them know about the new hearing or does the court do so? 

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Update in case anyone is interested.  

Had my court hearing for my motion to conduct discovery.  Judge passed because trial was same day, but was willing to revisit if I couldn't work something out with the lawyer.

At second trial, judge allowed time for the lawyer and I to talk.  We couldn't come to an agreement (I don't have money to pay so nothing less than dismissal would have worked for me.)  Judge entertained my motion for discovery again, other lawyer did not object.  After looking over my discovery, and noting some of the things I was asking for might be a little to vague, judge gave Plaintiff until the Nov. 5 to file any objections, and me until Nov 8th (noon) to respond to objections and will then make a ruling on discovery. 

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On ‎10‎/‎22‎/‎2019 at 7:05 AM, Impress said:

Update in case anyone is interested.  

Had my court hearing for my motion to conduct discovery.  Judge passed because trial was same day, but was willing to revisit if I couldn't work something out with the lawyer.

At second trial, judge allowed time for the lawyer and I to talk.  We couldn't come to an agreement (I don't have money to pay so nothing less than dismissal would have worked for me.)  Judge entertained my motion for discovery again, other lawyer did not object.  After looking over my discovery, and noting some of the things I was asking for might be a little to vague, judge gave Plaintiff until the Nov. 5 to file any objections, and me until Nov 8th (noon) to respond to objections and will then make a ruling on discovery. 

Thanks for the upate!

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So PRA/their lawyer never got me discovery objections.  I called the court today and spoke with one of the clerks who said I need a Order of Discovery and a brief explanation of the situation and she will bring before the judge.  The problem is I have no idea what and Order of Discovery is.  My google-fu isn't turning up an example.   Can someone provide or at least point me in the direction of one so I can get it to the court? 

Thanks all.

----------------------------------------------------

Update.  This is what I came up with.  Short and simple. 

 

 

Having considered Defendant’s Motion and finding good cause therefore, IT IS HEREBY ORDERED this _____ day of _________________, 2019 that Defendant’s Motion to Compel Discovery is ­­­­­­­­­­­­­­­­­­­­­­_____GRANTED     _____DENIED

Edited by Impress
Think I found what I was looking for.

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Ok, so judge has signed order granting discovery.  Signed on the 11th but not uploaded till today.  I know I have to let the other side know, but was wondering if there was any special way I should word it?  Or will a simple, judge granted, here's order and another copy of discovery requests, do?  Also, should I remind them of up coming trial date and request they have it to me by then or say nothing and see if they produce?  Oh, court clerk uploaded copy of my description of events (them having 15 days and failing to object) along with order granting (same document).  Do I need to include that with the order granting for the other side?

 

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You are required to serve the other party copies of everything you file with the court. So by now they should have a copy of everything without the signed order.

Court orders are usually served on all parties by the court.

So basically you are just sending PRA's attorney a letter, so send it certified and you can include copies of all documents you think may be relevant. Reminding them of the deadline to provide discovery would be a nice gesture that you can use if they fail to produce it. Give them a deadline of at least 5 business days or a week before trial so you have enough time to file a Motion to Compel Discovery / Motion for Sanctions (dismiss) in case they do not comply and/or try to produce it at the last minute for an unfair surprise.

 

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Ok, so I have court tomorrow (Dec.9), and I want to make sure I'm prepared for different possibilities.  For example, if the other party doesn't show up, I know to ask for dismissal with prejudice (though I'm not sure how to do so exactly).  I am still waiting for PRA to answer discovery.   I know they have 30 days to get to me by law.  I emailed them on Nov 19, so it's under 30 days.*  Does anyone know if PRA might surprise me with it in court?  If so, I can and should ask for a continuance, right?  Or if they don't have discovery for me in court what are my options?  I don't know if I can ask for sanctions since it's been under 30 days.  I was wondering though if I can argue that even though it's been less than 30 days since the order was signed, PRA has had a copy of the discovery since Oct 21/22 since a copy was given to their local lawyer. 

Any other possibilities I should be aware of?

*I don't know if it makes a difference, but the order was signed on Nov11 the court clerk just didn't upload until the 18 so I wasn't able to notify PRA until the 19. 

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So went to court today.  Different attorney for plaintiff today.  Is that normal?  She began to present what she had (affidavit, bill of sale, etc.).  I objected, reminding the court that they had not gotten discovery to me yet.  After a bit of confusion, judge set new trial date for Feb and said we had to have discovery in by January. 

 

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