rwj Posted July 21, 2019 Report Share Posted July 21, 2019 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? $1,400 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank (HSN) 5. How do you know you are being sued? (You were served, right?) Served papers / Civil Citation from JP court 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? Received several collection letters - never responded 9. What state and county do you live in? TX/Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 12, 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? September 5, 2016 12. What is the SOL on the debt? To find out: Still within SOL 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). Unknown - does not show up on site 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'). No 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? 14 days from date of service - served 3 days ago / No interrorgatory 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence sent just the original petition. No exhibits 18. How did you find out about this site? Google Search Quote Link to comment Share on other sites More sharing options...
texasrocker Posted July 21, 2019 Report Share Posted July 21, 2019 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. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted July 22, 2019 Report Share Posted July 22, 2019 Arbitration is a good option here too. Quote Link to comment Share on other sites More sharing options...
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