Portfolio Rec Assoc. Suing in Texas. Need Help

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Portfolio Recovery Associates in Dallas Texas, suing on debt from WebBank (Dell Preferred Account). Suit is in Johnson County Precinct 2, and attny is from Rausch Sturm. Amount is for $2,430 for debt less than 3 years old. 

I was served yesterday 9.17.19 at 8:00 pm

Suing for breach of contract seeking damages for full amount

I forget what all else I need to do. I will attach copies of the suit, and my documents for review. This will include a copy of the debt agreement.

Here's my plan, based upon my reading and research on this site:

1. Initiate a JAMS claim, and notify the Plaintiff of my election of an arbitration. I have attached copies of what I'm sending)

This includes a cover letter, the demand for arbitration filled out, copies of the agreement, and a notification that the Plaintiff is responsible for all fees.

The letter to the Plaintiff states arbitration, and I will include a copy of the the demand for arbitration.


2. When my certified letter is confirmed received, I will file my answer with the court (also attached) that contains both a motion to compel arbitration and a general denial of the points brought forward on the suit. This includes sending a certified copy of the answer and MTC to the Plaintiff and Attny.

Once this is done I think I just sit back and wait for them to withdraw the suit? How do my documents look?

I understand there's a chance they will allow this to continue, and in which event JAMS will require a complaint. I am building that as we speak, but I'm hoping that they don't make it that far. I don't see them spending what JAMS will cost to secure a $2,400 debt that they probably spent less than $200 on. 

ADDITIONALLY, I've seen several posts making an affidavit and exhibit of the original credit agreement. Is this a good idea? Should I include that in the MTC answer? Or is my citing of it in the answer enough?

Thoughts, corrections, comments, concerns?


thanks so much



SuitAnswerPublishable.docx NoticeOfMTCPublishable.docx DPA_Terms_Conditions.pdf 20190918_130028.heic 20190918_130036.heic 20190918_130042.heic

Edited by TxCitiboy
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