HHJTexas

Sued in Texas by Absolute Resolutions LLC

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Who is the named plaintiff in the suit?   

Absolute Resolutions Investments Inc,  LLC Assignee of Sofi

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

Rausch Strum

3. How much are you being sued for?

10k+

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

Sofi Lending

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

Letters from Attorneys advertising Services, then internet Research.  Yes (Kinda)

 

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

Left note on door of trying to serve, then left notice on door a day .  Process server swore on document attesting to personal service I was of a different race. I was working at the time of alleged service. Im single and live by myself soon other person would be at my residence. Filed a motion to quash, which was granted, but they still have not legally served me.

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

NO

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?

Collection letters

9. What state and county do you live in?

Dallas TX

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

2.5 years

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

4 years

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).

Open. Response filed (general denial). 

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? 

50 Days

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.

Affidavit ( someone who says to the best of their knowledge info is true).... Generic contract/Bill of sale referencing accounts on an attachment. They included another page with account account info. Sheet looked like if was an excel sheet created by a 5th grader.  also attached request for admissions, request for production, first set of interrogatories, request for disclosure.

18.  How did you find out about this site?

internet search

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

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4 hours ago, HHJTexas said:

It was personal loan with Sofi Financial (installment).  I'll see if I can find more info on arbitration. 

Okay. 

Approximately how much was the loan?  Use rough numbers for privacy   

What you need to do is to find a copy of the original loan.  Most personal loans don’t have arbitration clause, but some do.  If this is one of the ones that has such a clause, you will probably win.  If not, you have a tougher road.  You would then need to read up on strategies dealing with JDBs. 

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Quick Update and question ..  Process server filed false affidavit, which was quashed. Filed a few motions which they had to deal with.  Answered their discovery and filed for my discovery in the first week of Nov.  In mid Nov a date for trial was set for Dec 17th in Texas District Court.  The deadline for discovery was last WED. Nothing from PRA lawyers. A reminder was sent to them  a week before due date... NOTHING. Does this mean the questions in Request for  Admissions is automatically stipulated? Additionally, since they didn't provide discovery will they be barred from have any evidence admitted during the trial?  I also thought they had to provide a 14 day notice if they intended to introduce a business record affidavit during trial? Not sure if the court will allow them additional time and excuses to not responding to any discovery. Should be an interestingly court date this week. Wonder if they even intend to show up.

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On 12/14/2019 at 1:52 PM, HHJTexas said:

The deadline for discovery was last WED. Nothing from PRA lawyers. A reminder was sent to them  a week before due date... NOTHING. Does this mean the questions in Request for  Admissions is automatically stipulated? 

When a party does not respond to a request for admissions within 30 days from the request being served, everything is deemed admitted.

You should provide the court a copy of everything they admitted to by default.

On 12/14/2019 at 1:52 PM, HHJTexas said:

Additionally, since they didn't provide discovery will they be barred from have any evidence admitted during the trial?  I also thought they had to provide a 14 day notice if they intended to introduce a business record affidavit during trial? Not sure if the court will allow them additional time and excuses to not responding to any discovery. 

You need to object to any evidence introduced at trial that was not provided to you during discovery. Unless you object, it will be admitted.

Usually you would file a motion to compel discovery so the court orders them to produce it before trial. 

After you tried to get discovery via a motion to compel, when they fail to produce it, you can file a Motion for Sanctions, to basically ask the court to dismiss the case because the other party disregarded an order to produce discovery. In your case you could file a Motion to Dismiss, where you state that they failed to produce discovery by the due date. The court has much more leeway when you did not make an effort to get a motion to compel, but you can show that you sent a reminder, all the admissions are deemed true and it may be taken into consideration.

The court may give them more time and re-schedule trial. In which case it will order them to produce discovery by a certain date (as it will in a motion to compel discovery)

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Quick Update. Plaintiff's lawyers for PRA didn't show up in court. I'm sure their strategy was to assume it would be dismissed for WOP w/o Predjudice so they could refile and possibly have a second bite at answering  We explained to judge that Plaintiff didn't respond to discovery and we were prepared to strike any evidence they attempted to admit. Convinced judge to dismiss w/ prejudice. 

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