Sign in to follow this  
TAGurIT

Sued by PRA in Texas

Recommended Posts

1. Who is the named plaintiff in the suit?

Portfolio Recovery

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?

$2358

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

WFNB Bealls

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

Served in person

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?

Letters, nonstop calls

9. What state and county do you live in?

Texas

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

April 2017

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

Nov 2008

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

No

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-need to respond 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').

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

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

None

18.  How did you find out about this site?

Google

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
14 hours ago, Tabby said:

Thanks for the quick response @texasrocker. After I file, do I just wait for a response from their lawyer?

Absolutely not.  Ask the clerk how they prefer you to go about requesting the court's approval to begin discovery.

Share this post


Link to post
Share on other sites
2 hours ago, texasrocker said:

Absolutely not.  Ask the clerk how they prefer you to go about requesting the court's approval to begin discovery.

Thank you, I just filed this morning and I will contact the court to ask about discovery.

Share this post


Link to post
Share on other sites
On ‎8‎/‎8‎/‎2019 at 6:26 AM, texasrocker said:

Absolutely not.  Ask the clerk how they prefer you to go about requesting the court's approval to begin discovery.

@texasrocker  I went by the office of the JP yesterday and learned I just need to submit a motion to request discovery. What do I need to include in this discovery request?

Share this post


Link to post
Share on other sites
4 hours ago, TAGurIT said:

Can anyone help with a template of the discovery request?

MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY

 

Comes now, Defendant ______________ and files his (or her) Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9

 

Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit.  Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop his (her) defense and to minimize taking up the Court's valuable time.

 

PRAYER

Defendant prays that the honorable Court grant his (or her) Motion For Permission To Conduct Discovery and grant Defendant any other relief that he (she) is entitled to.


CERTIFICATE OF SERVICE

I hereby certify that I,__________________ sent a true and correct copy of  my MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY to _____________________________________ on _______, 2019.                                            

Signed, ______________________

<Your name address and phone number>

Share this post


Link to post
Share on other sites

Update: This morning I checked my mail and received a letter from Rausch Sturm. It is dated 8/1/19 and references the debt that they already are suing me for. They mention nothing about the lawsuit in the letter. Just offering a payment plan for the full amount. Should I just ignore this letter and continue filing for the discovery request?

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