MaeghanF

Sued by PRA/Synchrony bank- Denton County, TX

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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.)

Raush Sturm

3. How much are you being sued for?
$2412.99

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

Synchrony bank

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

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?

none

9. What state and county do you live in?

Denton County, Texas

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

Aug 2018

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

Aug 2017

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

4 years

Statute of Limitations on Debts

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?)

not sure

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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
 

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

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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Is this for a credit card?  You'll find several posts on here saying that Synchrony has a good arbitration clause. You should find your credit card agreement and see.  You will need to file your general denial.  If you do decided to go the arb route, you might include a line in you denial stating an affirmative defense.  Some say you don't need to in Texas, I've also read in my research you do.  I figure hedge your bets and include it. 

Also, go and read @fisthardcheese's post on Arb here

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