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Hello. I hope I am in the right forum. I am currently unemployed and I REALLY need some help regarding my issue.

I am currently located in Dallas, TX (Dallas County). I received two letters in the mail today from two local attorneys. The first letter is from Rausch Sturm and the second letter is from Heston Law Firm LLC.

The letter from Rausch Sturm has my name, the Creditor (Portfolio Recovery Associates), case# filed with the Dallas Co. court (precinct 1), account balance ($2,954.47) and account #. The letter from RS

is dated September 16, 2019. Briefly, the letter says:

  "Dear <my name>:

         If you have any concerns regarding the resolution of your account, please let us know by calling......We want to understand your situation and work with you to agree on a reasonable payment arrangement to resolve your account."

The back of the letter has the firm's contact info and the amounts needed to setup a payment arrangement.

The letter from Rausch Sturm has my name, a Case # filed with the Dallas Co. court (precinct 1), account balance and account #. The letter is dated September 16, 2019. 

The second letter from Heston states the following:

      "We learned from the Dallas County Clerk's office that Portfolio Recovery Associates LLC filed a lawsuit against you on 8/26/2019 for an unpaid debt. We want to help you with the lawsuit. Over 95% of our clients never appear in court......"

I called the court this morning and a lawsuit was filed, but I cannot see it online. I logged into credit karma and the original creditor is Comenity Bank, account may have been opened around 2014/2015. The statue of limitations in Texas is 4 years. As of right now, I have not been served. I didn't know a lawsuit was filed in the court until today. I have no info regarding a court date or any other court details.

Should I seek free legal aid regarding this issue? As stated, I am currently unemployed and looking for a job. There's an option for a low monthly payment plan in the letter, but funds are VERY tight right now. I would hate to have to borrow money from family members because they have their financial obligations also. But, I haven't been served yet so I wanted to be proactive and figure out what my options are at this point.

Any assistance would be helpful.

 

 

 

 

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What is the Original Creditor and amount being sued for? 

You need to file an answer/general denial immediately and then decide how you want to handle it.  I would say ignore any solicitations from  "ambulance chaser" attorneys such as the one you received.  

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 via certified mail to the attorney's office that filed the lawsuit.

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4 hours ago, texasrocker said:

What is the Original Creditor and amount being sued for? 

You need to file an answer/general denial immediately and then decide how you want to handle it.  I would say ignore any solicitations from  "ambulance chaser" attorneys such as the one you received.  

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 via certified mail to the attorney's office that filed the lawsuit.

The original creditor is  Comenity Bank/ Z Gallerie for $2,954.47. 

Should I go down to the clerk of courts to request to see what was filed? I haven't been served any papers as of yet. So, I don't have any info regarding court dates or the Plaintiff's Original Petition that was filed with the court.

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9 hours ago, Texas007 said:

Should I go down to the clerk of courts to request to see what was filed? I haven't been served any papers as of yet. So, I don't have any info regarding court dates or the Plaintiff's Original Petition that was filed with the court.

I didn't realize you had not yet been served.  Wait until you are served then file your answer.  Ignore any letters or calls from the plaintiff.

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2 hours ago, texasrocker said:

I didn't realize you had not yet been served.  Wait until you are served then file your answer.  Ignore any letters or calls from the plaintiff.

Ok, thank you!

I thought it was kind of shady for PRA to file the lawsuit back in August while not serving me the complaint yet. I guess this is their way of intimidating consumers.

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5 hours ago, Texas007 said:

I thought it was kind of shady for PRA to file the lawsuit back in August while not serving me the complaint yet. I guess this is their way of intimidating consumers.

Service is out of their hands and in the court's after the lawsuit is filed.  You should have a visit from a process server soon.

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