Cbrockett 0 Report post Posted May 24 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. Quote Share this post Link to post Share on other sites
nobk4me 366 Report post Posted May 24 Who is the OC? Arbitration, if available, may be your best strategy. Quote Share this post Link to post Share on other sites
BackFromTheDebt 152 Report post Posted May 24 You gave the county, but what state? Quote Share this post Link to post Share on other sites
Cbrockett 0 Report post Posted May 24 Fort bend county Texas Quote Share this post Link to post Share on other sites
Cbrockett 0 Report post Posted May 24 I was served by a process server from fort bend county Texas by portfolio credit from synchrony Bank old Navy account balance is 1,565 and some change Quote Share this post Link to post Share on other sites
Cbrockett 0 Report post Posted May 24 2 hours ago, nobk4me said: Who is the OC? Arbitration, if available, may be your best strategy. 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. Quote Share this post Link to post Share on other sites
Cbrockett 0 Report post Posted May 24 55 minutes ago, BackFromTheDebt said: You gave the county, but what state? Fort bend county I love in the state of Texas Quote Share this post Link to post Share on other sites
Clydesmom 1,168 Report post Posted May 24 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. Quote Share this post Link to post Share on other sites
nobk4me 366 Report post Posted May 25 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: Quote Share this post Link to post Share on other sites
Cbrockett 0 Report post Posted May 25 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? Quote Share this post Link to post Share on other sites
fisthardcheese 1,371 Report post Posted May 26 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" Quote Share this post Link to post Share on other sites
TAGurIT 0 Report post Posted August 15 Cbrockett do you have an update? I also live in Fort Bend County and recently sued by PRA. Quote Share this post Link to post Share on other sites