Sign in to follow this  
Jen3786

Sued by PRA-Texas

Recommended Posts

Hello,

I was served with papers on 6/15/19 and have 14 days to file an answer. I am located in Harris County. I have seen other posts about filing an answer, potential discovery, arbitration and would like to get some specific guidance. 

Additional Information

1. Who is the named plaintiff in the suit?

- Portfolio Recovery Associates, LLC- Comenity Bank New York and Company

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

Attorney Orjanel Lewis for PRA and it is filed in Harris County Justice Court

3. How much are you being sued for?

- $1749

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

- Comenity Bank/New York and Company

5. How do you know you are being sued? (You were served, right?)

- Processor server handed them to me at my door

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?

- I never received any correspondence in the mail regarding this debt. When I saw it on my credit report I immediately sent a debt validation letter, which they responded to with minimal information. I believe they did not send information. but the info did not include the date of the original default, it was unclear if the balance listed was the original balance or current balance, and I did not receive their surety bond information. 

9. What state and county do you live in?

- Texas, Harris County

10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations)

-  They say August 6, 2017

11. When did you open the account (looking to establish what card agreement may be applicable)?

- They say January 11, 2014

12. What is the SOL on the debt?

- 4 years

13. 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).

Suit served

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

- Not with either agency

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

- Yes I did

16. 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?

- I was given 14 days from the time served which was this past Saturday

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

- The Evidence I was sent are as listed:

- An Affidavit

- Plaintiff's first discovery request
- Bill of sale
- Schedule 1 to bill of sale asset schedule
-copy of a statement with my name and address listed on it
 

Share this post


Link to post
Share on other sites
On 6/20/2019 at 9:16 PM, Jen3786 said:

When I saw it on my credit report I immediately sent a debt validation letter, which they responded to with minimal information. I believe they did not send information. but the info did not include the date of the original default, it was unclear if the balance listed was the original balance or current balance, and I did not receive their surety bond information. 

Minimal information is all the FDCAP requires.  The bar is so low to comply you can trip over it.  Neither the FDCPA nor the Texas Finance Code requires they send you surety bond information, date of original default, or multiple balances.  FYI:  PRA is bonded and licensed in Texas.

 

 

Share this post


Link to post
Share on other sites

@texasrocker may be able to point to you many TX Justice court threads detailing how to answer.

The arbitration method is fairly easy.  You need to file the answer denying all of their allegations and list the affirmative defense of "Lack of Subject Matter Jurisdiction" due to the private arbitration clause in the contract.

After that, you can work on a Motion to Compel Arbitration to ask the court to stay the court case and order the parties to private arbitration per the card agreement.

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.

Sign in to follow this