TheresThat

Another Texan Sued by PRA

Recommended Posts

PRA is suing us. We were served with Petition only, no affidavits, contracts or other docs attached.  Wish we had found this site earlier. We already answered but 'Denied' or 'No Knowledged' almost everything.

PRA filed in JP court which I thought they could not do in Texas. We are required to have motions filed by Tues, April 23rd. Would like to file motions to dismiss and also for discovery in case dismissal is denied. 

I've seen a standard "Answer" offered here and wonder if this can be used as cause for Motion to Dismiss at this stage:  "Grounds for Dismissal for Lack of Standing. This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead..."

Also, can we file motions to Dismiss and for Discovery at the same time?  And may I have a copy of the Discovery questions that @texasrocker mentioned? 

What is your recommendation? 

Plaintiffs Petition.pdf

Share this post


Link to post
Share on other sites
5 hours ago, TheresThat said:

We were served with Petition only, no affidavits, contracts or other docs attached. 

JP Court does not require any evidence be attached to the complaint.  You have to do discovery and in JP court you have to get permission from the court to do that.

5 hours ago, TheresThat said:

PRA filed in JP court which I thought they could not do in Texas.

No.  JP court is actually the preferred venue for debt collection cases.

5 hours ago, TheresThat said:

Would like to file motions to dismiss and also for discovery in case dismissal is denied.

"Grounds for Dismissal for Lack of Standing. This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead..."

Do not waste your time with a motion to dismiss.  It won't be granted.  JP court attitude is that everyone is entitled to their day in court and the place to prove lack of standing is at trial.  They also do not have to be the original creditor, a lender etc.  They bought the debt therefore under contract law get all the rights and responsibilities of the creditor they did buy it from.  The court knows this and will deny the motion.  You can file both motions at the same time but I do not recommend it at all.

Looking at the petition the OC was Cap1 which means you will have to defend the suit arbitration is not an option.  

 

Share this post


Link to post
Share on other sites
57 minutes ago, Clydesmom said:

No.  JP court is actually the preferred venue for debt collection cases.

 

I don't think Texas Code permits collection agencies to file in JP court. 

The following is from smallclaimscourthouse.com/texas:

"Types of Cases
Small claims courts handle a
wide variety of cases. From a
security deposit on a rental to a
motor vehicle accident. The
only types of cases that are
prohibited are an assignment of
a claim (whereby you transfer
your interest in a case for
someone else to collect), a
divorce, or a case filed by a
collection agency or agents.

 

This is Texas Government Code § 27.060
Small Claims

(a) A justice court shall conduct proceedings in a small claims case, as that term is defined by the supreme court, in accordance with rules of civil procedure promulgated by the supreme court to ensure the fair, expeditious, and inexpensive resolution of small claims cases.
(b) Except as provided by Subsection (c)…

(c) The rules of the supreme court must provide specific procedures for an action by:
(1) an assignee of a claim or other person seeking to bring an action on an assigned claim;
(2) a person primarily engaged in the business of lending money at interest; or
(3) a collection agency or collection agent.
 

 

Share this post


Link to post
Share on other sites
40 minutes ago, TheresThat said:

I don't think Texas Code permits collection agencies to file in JP court.

That's correct, JDBs are not allowed to sue in TX small claims courts. 

Share this post


Link to post
Share on other sites
44 minutes ago, TheresThat said:

I don't think Texas Code permits collection agencies to file in JP court. 

Justice of the Peace Court and Small Claims are different courts.  Trust me.  The majority of the cases people come here for help on are in Justice Court.  A few are filed in Civil Court despite the amount and that is to avoid having to get permission to do discovery.

PRA is not a collection agency anyway. They are the creditor even if they were not the original creditor that extended and opened the credit line. 

Share this post


Link to post
Share on other sites
39 minutes ago, Clydesmom said:

Justice of the Peace Court and Small Claims are different courts.

My bad. I missed the distinction. 

Share this post


Link to post
Share on other sites
8 minutes ago, Harry Seaward said:

My bad. I missed the distinction. 

Yeah, Texas split them a few years back.  In some states they are the same like GA.  Magistrate Court IS Small Claims.

There are different rules for Justice Court than the others.  Litigants follow the 500 section of RCP.

Share this post


Link to post
Share on other sites
1 hour ago, Clydesmom said:

Yeah, Texas split them a few years back.  In some states they are the same like GA.  Magistrate Court IS Small Claims.

According to the Texas State Law Library, the state of Texas abolished Small Claims Courts and combined Small Claims Court with Justice Courts. Ref image below and/or this link:  https://guides.sll.texas.gov/small-claims  If you follow the links on this page regarding Justice Courts, you will be taken to Texas Government Code Chapter 27 which is about Justice of the Peace Courts. According to the Code, these are prohibited from filing a claim in a Justice Court: 

(1) an assignee of a claim or other person seeking to bring an action on an assigned claim;

(2) a person primarily engaged in the business of lending money at interest; or

(3) a collection agency or collection agent.

 

Also, provided on Texas State Law Library's website is a link to a nolo page which states this:

"Which court hears small claims cases in Texas?
Small claims cases in Texas are heard in the Small Claims Court (Justice Court)."

Here's the link:

https://www.nolo.com/legal-encyclopedia/texas-small-claims-court-32055.html

 

This is from Texas State Law Library. 

image.png.3d9b584df3def33ff00d39acaf4e7662.png

Share this post


Link to post
Share on other sites
4 hours ago, Clydesmom said:

JP Court does not require any evidence be attached to the complaint.  You have to do discovery and in JP court you have to get permission from the court to do that.

Your 1st sentence: That is why they filed in JP court. Or they just didn't know any better. JP courts limit what can be asked for in Discovery. 

Your 2nd sentence: From my original post...

"We are required to have motions filed by Tues, April 23rd. Would like to file motions to dismiss and also for discovery in case dismissal is denied[They did file in the wrong court and I believe they have Lack of Standing....they have only an accusation.]

I've seen a standard "Answer" offered here and wonder if this can be used as cause for Motion to Dismiss at this stage:  "Grounds for Dismissal for Lack of Standing. This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead..."

Also, can we file motions to Dismiss and for Discovery at the same time?  And may I have a copy of the Discovery questions that @texasrocker mentioned?"

Share this post


Link to post
Share on other sites
4 hours ago, Clydesmom said:

JP court attitude is that everyone is entitled to their day in court and the place to prove lack of standing is at trial. 

They also do not have to be the original creditor, a lender etc.  They bought the debt therefore under contract law get all the rights and responsibilities of the creditor they did buy it from.  The court knows this and will deny the motion.  You can file both motions at the same time but I do not recommend it at all.

This will be a pre-trial conference and Texas JP courts REQUIRE ALL motions be submitted prior. It's in the letter from the JP and I believe it's also in the Code. 

PRA admits they are an assignee. Texas Code prohibits "an assignee of a claim or other person seeking to bring an action on an assigned claim" from filing in JP. 

Share this post


Link to post
Share on other sites
5 minutes ago, TheresThat said:

According to the Code, these are prohibited from filing a claim in a Justice Court: 

You can keep arguing with me but it isn't going to change the fact they can file there.  AGAIN:  PRA is NOT a collection agency.  Search the forums there are a plethora of threads all from people sued in JUSTICE COURT in TEXAS by PRA. 

These are just TWO.

2 minutes ago, TheresThat said:

That is why they filed in JP court. Or they just didn't know any better. JP courts limit what can be asked for in Discovery. 

They know exactly what they are doing.  They are hoping for the 95% default judgment rate where discovery is not even necessary.  JP court is less expensive than Civil Court.

JP court limits discovery PERIOD.  There have been cases where a Judge denied doing discovery in JP court.  It is not a guarantee they let you do it.

4 minutes ago, TheresThat said:

They did file in the wrong court and I believe they have Lack of Standing....they have only an accusation.

Did they file in the wrong county?  If you are asserting that because it is in JP court it is the wrong court you are heading in the wrong direction.  Lack of standing is not based on an accusation.  You might think of hiring a good consumer attorney because you are all over the map on this and likely to get steam rolled.  You do not understand how this works.  They basically filed the suit claiming you owe money and they are entitled to collect.  Lack of standing doesn't mean you don't owe money.  Whether they have standing or lack evidence to prove the claim is a matter to be decided by the Judge at trial.  

AGAIN:  you can file a MTD but it will be denied. If you want to tilt at the windmill knock yourself out.

6 minutes ago, TheresThat said:

And may I have a copy of the Discovery questions that @texasrocker mentioned?"

Several of us including myself do not recommend following that but if you want to then chase him.  I won't support that advice.  

3 minutes ago, TheresThat said:

This will be a pre-trial conference and Texas JP courts REQUIRE all motions be submitted prior.

I am well aware how it works.  I successfully sued a collection agency in JP Court.  

Share this post


Link to post
Share on other sites
21 minutes ago, Clydesmom said:

AGAIN:  PRA is NOT a collection agency. 

PRA states they are an assignee of a claim. An assignee is prohibited, according to Texas Code, in Justice of the Peace Courts, which ARE the only Small Claims courts in Texas. 

(1) an assignee of a claim or other person seeking to bring an action on an assigned claim;

(2) a person primarily engaged in the business of lending money at interest; or

(3) a collection agency or collection agent.

28 minutes ago, Clydesmom said:

Lack of standing is not based on an accusation

I'm not an idiot. And I never said that "Lack of standing WAS based on an accusation" 

They DO have to prove that they have the right to sue me. They DO have to prove that it is my debt. They DO have to prove there is a debt. 

And so far, as I stated earlier, all that has been presented was an accusation. If an accusation all that it took the courts would be full of accusations and this nation would be lawless. 

Share this post


Link to post
Share on other sites
56 minutes ago, TheresThat said:

According to the Code, these are prohibited from filing a claim in a Justice Court: 

(1) an assignee of a claim or other person seeking to bring an action on an assigned claim;

(2) a person primarily engaged in the business of lending money at interest; or

 (3) a collection agency or collection agent.

New civil case types in the Justice Courts – Effective 8/31/2013

Debt Claim:A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The claim can be for no more than $10,000.00 excluding statutory interest and court costs but including attorney fees, if any.

http://www.angelinacounty.net/jpcivil/

From the TX Rules of Civil Procedure

RULE 508. DEBT CLAIM CASES

RULE 508.1. APPLICATION

Rule 508 applies to a claim for the recovery of a debt brought by an assignee of a claim, a financial institution, a debt collector or collection agency, or a person or entity primarily engaged in the business of lending money at interest.

http://www.txcourts.gov/media/1443641/trcp-all-updated-with-amendments-effective-febraury-26-2019.pdf

  • Like 1

Share this post


Link to post
Share on other sites
21 minutes ago, TheresThat said:

They DO have to prove that they have the right to sue me. They DO have to prove that it is my debt. They DO have to prove there is a debt. 

Which is a matter to be settled at trial.  

23 minutes ago, TheresThat said:

And so far, as I stated earlier, all that has been presented was an accusation. If an accusation all that it took the courts would be full of accusations and this nation would be lawless. 

That is exactly what a summons is.  That you have been accused of "owing a debt" and they want their money.  Whether there is sufficient proof to sustain a verdict is a matter for trial.  If you want to know what proof they intend to use then you have to file a motion with the court for permission to do discovery.  In that motion you need to include what information you are seeking so that the court can rule yes or no on whether you will get it or not.

When I sued the CA I filed for summary judgment:  it was denied at the pretrial.  The Judge herself advised both of us we would want to do discovery and a trial date was set 90 days out. We both drafted what we wanted and submitted it to the court.  She approved both and we each answered the other and came to court with the information in hand on the day of trial.  

22 minutes ago, TheresThat said:

PRA states they are an assignee of a claim. An assignee is prohibited, according to Texas Code, in Justice of the Peace Courts, which ARE the only Small Claims courts in Texas. 

AGAIN: PRA sues in Justice Court ALL THE TIME.  They can do it.  You will NOT get a dismissal because they filed there and not in state court but if you want to tilt at that windmill go right ahead.

 

Share this post


Link to post
Share on other sites
27 minutes ago, BV80 said:

Effective 8/31/2013

Debt Claim:A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The claim can be for no more than $10,000.00 excluding statutory interest and court costs but including attorney fees, if any.

http://www.angelinacounty.net/jpcivil/

From the TX Rules of Civil Procedure

RULE 508. DEBT CLAIM CASES

RULE 508.1. APPLICATION

THIS^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

As I said earlier:  the 500 rules apply.  Texas changed this in 2013 as it says and debt cases can and ARE heard in JP court.

Share this post


Link to post
Share on other sites
2 hours ago, Clydesmom said:

Which is a matter to be settled at trial.  

Bold and underline is theirs..

 

"This is to advise you that the matter referenced herein-above has been set for a Pre-Trial Conference on...

At this Conference you must dispose of all pre-Trial matters including; but not limited to the following, to wit:

A. Exceptions to the complaint

B. Motions for continuance

C. Any evidentiary motions

D. Motions for appointments of interpreter

E. Requests for Subpoenas of witnesses, documents, etc.

F. Plea Bargains

G. Any other Pre-Trial issued requested by either party. 

All motions that will be presented to the Court on this docket must be in writing, preferably typed, and filed with the Court at least seven days in advance of hearing. Any such preliminary matters not raised or filed at least seven days before the hearing will not be allowed to be raised or filed. The Court will not consider any plea bargains, motions or other Pre-Trial matters mentioned above subsequent to the Pre-Trial hearing."

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.