Tex1492

Sued by Portfolio Recovery Associates TEXAS

Recommended Posts

1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates, LLC

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

Rausch Sturm

3. How much are you being sued for?

$8582.00

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

Capital One Bank (USA) N.A.

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

Was served

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?

The law firm had send some letters by regular mail.

9. What state and county do you live in?

Texas - Nueces

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

5/16/2016

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

12/2015

12. What is the SOL on the debt? To find out:

4 Years

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Served 2 days ago - It was filed in JP court. Response needed in 14 days.

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

No

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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

Disputed it on the day before being served.

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?

No - Interrogatories - Answer needed within 14 days.

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

No affidavit. Petition has "Facts, Account Stated, Damages, Conditions Precedent"

18.  How did you find out about this site?

Google search

Share this post


Link to post
Share on other sites


For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, <your 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.

(Your name, address and phone number)

File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.

Share this post


Link to post
Share on other sites

Answer has been filed.

 

Since it’s in a JP court, should I now request permission for discovery? The clerk said that I could file a motion and list the proposed discovery on the motion for the Judge's review... Any help with wording and proposed discovery requests would be greatly appreciated, if that would be the best thing to do at this point!

 

@texasrocker Would appreciate any further guidance on this and thanks for your initial feedback!

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.