SimplyJ

Portfolio Recovery Suing me HELP!!!

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Hello, I was served these papers today. I do not make enough money to pay this amount, what sucks is my mom actually used this amount to buy groceries once and I really don't even know what else. She is in a worst situation than I am financially and I could never just blame my mom. What options do I have here? I was served today 09/23/19, so from what I have read, I have 14 days to answer them so by October 7th, right?  Please help

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Looks like the OC was Synchrony, so arbitration is your best strategy.  Best info on arb is here:

 

 

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Hi, most of the info requested are on the documents I Uploaded, but I can post the answers...

Who is the named plaintiff in the suit? Portfolio Recovery for a Walmart credit card

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

I didn’t see this but on the last page it says, Attorney  Megan Hale- I think Rasch Sturm Attorneys in the practice of Debt collections

3. How much are you being sued for? $938.05

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

5. How do you know you are being sued? (You were served, right?) a lady gave me the documents I uploaded

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

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

Yes

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? Calls

9. What state and county do you live in?

Texas, Collin County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I can’t even remember but I think sometime in 2016

11. When did you open the account (looking to establish what card agreement may be applicable)? 2016

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

Statute of Limitations on Debts think it is 4 years

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). Suit served

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? 14 days (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?

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 NO EVIDENCE

18.  How did you find out about this site? SEARCHING

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

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