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Live in fort bend county and being sued by portfolio recovery


Cbrockett
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I live in fort bend county and received a summons from portfolio recovery in reference to a credit card debt of $1,500 what do I do next. I am going on Monday to answer the and place a denial on their request. my letter from the court is the same letter in this feed doesn't give any information other than the amount owed and credit information when I applied for the card.

 

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3 hours ago, Cbrockett said:

I am going on Monday to answer the and place a denial on their request. my letter from the court is the same letter in this feed doesn't give any information other than the amount owed and credit information when I applied for the card.

Texas Justice Court does not require evidence be attached to the complaint.  It also requires the permission of the court to discovery to get what evidence they intend to use.  You need to decide what strategy you intend to use.  Synchrony has the BEST arbitration clause of all the creditors.  I would recommend answering with a general denial and invoking the affirmative defense of private contractual arbitration.  At the same time you file the answer I would file a motion to compel arbitration.  Make sure you serve copies of both on the opposing attorney.

There are threads on this site that can give you an example of both to modify to your facts and submit to the court.

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21 hours ago, Cbrockett said:

OC?  I live in Texas.  Fort Bend county small claims court.  The about 1565.00 is what portfolio recovery is trying to get out of me.

OC means original creditor, as you are being sued by a JDB.  In a previous post, you identified the OC as Synchrony, which has an excellent arbitration clause.  Best info on arbitration is here:

 

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13 hours ago, Cbrockett said:

Thank you for your help.  When I go to put in my answer before the 14 days is up.  What should I put on it/write on this form?

Your answer should deny all allegetions as set forth in the complaint.  And you should add an affirmative defense of "lack of subject matter jurisdiction due to a private arbitration clause in the underlying contract"

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