fcaste179

Have court against Portfolio Recovery Associates in 2 weeks

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I am being sued by Portfolio Recovery Associate and have court in 2 weeks. I don't know the process. Can someone help me get ready for court. This is with a justice of the peace.

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@texasrocker 

yes, I filed an answer before the deadline. Is there anything I can do?

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12 hours ago, fcaste179 said:

@texasrocker 

yes, I filed an answer before the deadline. Is there anything I can do?

You say you "have court."  Is it a hearing or trial or what? 

@fisthardcheese is there still time to initiate arbitration?

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1 hour ago, fcaste179 said:

It's an order setting hearing

That could be a MSJ hearing.  Did you receive anything from the plaintiff?  What law firm filed the lawsuit?

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23 hours ago, texasrocker said:

You say you "have court."  Is it a hearing or trial or what? 

@fisthardcheese is there still time to initiate arbitration?

If this is just a hearing to set discovery and such, then it is still a viable option.  If this is a trial date, then it's a little more sticky, but it would never stop me from trying.  My motto is that an MTC is never late or incorrect until a judge tells me so.

I would check the arbitration link in my signature below for a basic template for the MTC (Motion to Compel Arbitration).  This is, of course assuming your OC Bank Card Agreement has arbitration in it.  Who was the OC?

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17 hours ago, texasrocker said:

That could be a MSJ hearing.  Did you receive anything from the plaintiff?  What law firm filed the lawsuit?

i have only received the original petition. Rausch Strum is the law firm 

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3 hours ago, fisthardcheese said:

I would check the arbitration link in my signature below for a basic template for the MTC (Motion to Compel Arbitration).  This is, of course assuming your OC Bank Card Agreement has arbitration in it.  Who was the OC?

The OC is Synchrony Bank (Old Navy)

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Hello, I wish I had come across this site after receiving a summons from the Dallas County Courts regarding a lawsuit by Portfolio Recovery Agency. I'm struggling financially, and taking care of a ill parent, and terminal cat. All while dealing with a terrible job and heartless boss and depression. Just trying to get through most days as unscathed as possible. Unfortunately, I have not given this horrible situation the time that I should have. I didn't realize that are so many other people are going through similar situations and probably feeling just as hopeless. I did initially try to get a lawyer in the beginning, but was quoted ridiculously high fees, even their sliding scale pricing was more more than what I could ever hope to afford. It's commendable that this site exists and to know that people have come together to share their advice and experiences with others who are dealing with the same frustrations. So thank you to everyone who put themselves out there in an attempt to assist a total stranger. I received a summons on my door over Memorial Day weekend which had no other information attached to it. No proof of debt or other correspondence regarding the debt itself. I have never talked to anyone from PRA, nor have I received any voicemails from them. I believe my cell phone app blacklisted their calls by sending them immediately to my voicemail. However they could have still left a message but chose not to. There may have been a letter from them a long time ago, but honestly I don't recall. I replied to the court before the date that was listed on the summons, via a letter to the judge whose name and address was listed on the correspondence. I disputed the debt through TransUnion, but still have not heard anything. I have a court date on October 4th with PRA I do not have an attorney and now I feel I probably waited too late to do anything. The credit card was for Discount Tire through Synchrony Bank. The initial credit line was between $350 and $500. They are suing for about $900 and court costs. Can you all let me know if you feel like I have any options at this point in time? I see on this site you speak of Discovery and Arbitration, I assume I've waited too long now to look into these? I also see where people have actually contacted the collection agency in offered a settlement. Am I correct in thinking I've waited too late for this as well? I appreciate your time, all of you, and will happily take any advice given. Thank you. Jennifer.

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3 hours ago, Robby8900 said:

Rule 12 challenge to the attorney's authority. truth has to come from the mouth of the principle not the agent. Who is is gonna verify what the attorney is saying in the hearing is true. Just a thought.

http://www.txcourts.gov/media/1443641/trcp-all-updated-with-amendments-effective-febraury-26-2019.pdf

This is for District and Civil Court.  It does not apply to Justice Court where the OP is being sued.  JP court uses the 500 rules and allows the attorney to represent the client in court and does not require a live witness.

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1 hour ago, Clydesmom said:

This is for District and Civil Court.  It does not apply to Justice Court where the OP is being sued.  JP court uses the 500 rules and allows the attorney to represent the client in court and does not require a live witness.

ok, just happened to be looking at the civil rules and saw that one.

 

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On 9/17/2019 at 6:12 AM, MikeB35 said:

@felisfanaticus Welcome to the community, if you could please make it easier for you and everyone else start your own thread. It keeps things streamlined and organized that way. Thank you!

Apologies, I didn't realize. Thank you.

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