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Jbtexas

Being sued by portfolio recovery in texas

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Hello,

Being sued by portfolio recovery in Texas.

Just looking for some help, received the citation Saturday. They left it with another person at my house.

They own 5 accounts on my credit report.

What is the best course of action? Should I pay a lawyer, file bankruptcy?

They are 3 years old, I did dispute them all maybe a year ago on one of the credit websites because I didnt recognize the dates or know what they were for.

Only being sued for $1500. But worried if I dont handle this one right the other 4 will follow.

I have been trying to rebuild my credit, have a car loan and some other credit cards I always pay on time.

Just dont want to pay a lawyer, then end up having to pay them too...

I can post the citation if needed or any more information.

Thank you

 

 

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We need more information.  Please answer the questions in this thread:

 

 

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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?

1521.64

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

Synchrony bank (paypal)

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

The papers were left with someone at my house

6. How were you served? (Mail, In person, Notice on door)

The papers were left with someone at my house

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Never had any correspondence with them

9. What state and county do you live in?

Tarrant

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

August 2016

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

Maybe 2014-2015

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

4 years

Statute of Limitations on Debts

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).

Still says unserved online

Order Approving Alternate Service Entered

EMAILED TO ABC LEGAL//APG

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

Yes, just the collection 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 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? I received the citation Saturday 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

Nothing was sent

18.  How did you find out about this site?

Google search

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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.

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If Synchrony is the OC, then, IMO, arbitration is the way to go.  Free JAMS.  See more here:

 

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On 7/22/2019 at 4:33 PM, texasrocker said:

 

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

The address for the attorney is the same as the address for portfolio recovery? Is this wrong? That's the only address I see?

 

Thank you

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3 hours ago, Jbtexas said:

The address for the attorney is the same as the address for portfolio recovery? Is this wrong? That's the only address I see?

There should be a Dallas or Houston address on the original petition or on an attachment to it for the attorneys that filed the lawsuit, Rausch, Sturm, Israel, Enerson & Hornik.

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Does this need to be signed by me before filing?

 

I have the document ready, just want to know if I need to add a spot for a signature.

 

Also I just saw their answer template, at the bottom is a certificate of service, do I need to copy and past that into my answer?

 

 

Thanks for the help.

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Hello, hope everyone is having a great Friday...

I looked up my case today and it said this:

7-26

    E-File Filing Rejected
PROOF OF SERVICE REJECT DUE TO UNAUTHORIZED METHOD// THE COURT DID NOT GRANT METHOD 2. HH

 

What does this mean?

 

I have not sent my answer yet.

Thank you

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Hello,

So I filed the answer given and now I received a letter that I have to take $60 and go to mediation? Do I have to do this?

 

Also portfolio recovery just served me again, they are suing me for another account at the same time.

 

Does anyone have any advice? I'm thinking about just getting a lawyer because I'm guessing they are going to keep filing cases against me...

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Try arbitration since it's Synchrony. I filed an MTC with the court and just got a letter from the attorney that they are going to file a non-suit without prejudice. I'm guessing they really don't like going through the arbitration process.

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