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Being sued by PRA, rausch sturm Texas


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  1. Who is the named plaintiff in the suit?- portfolio recovery associates

portfolio recovery associates

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

Rausch Sturm

3. How much are you being sued for?

approximately 2,000

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

Comenity Capital bank (GameStop)

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

served papers

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

in person

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

Process Service Requirements by State - Summons Complaint

yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I got a letter in December, possibly phone calls but no messages left

9. What state and county do you live in?

Texas, bastrop county

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

according to citation 11/22/17

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

according to citation 10/3/14

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

Statute of Limitations on Debts

4 years

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

as of 01/19/2020 filed

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? (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?

20 days to respond to plaintiffs original petition and first discovery request. There is a interrogatory with citation. ( I will attach pictures)

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.

only the last 4 of account number nothing else.

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  

So I got served papers and have been reading up on what to do. I believe my best bet is to arbitrate. I have some time but will not wait until last minute. Still kinda at a loss but am trying to learn as much as possible. 
 

On the front page of the citation it states I have 20 days from service to respond to original petition and first discovery request. So when I respond do I just do the denial or go through and affirm or deny each allegation and discovery request? On the discovery request it is asking me for documentation of the account. I don’t have any paperwork left from that card as I’ve shredded most of my old paper work. What would be the best way to respond? I’ve attached images to my post. I appreciate any and all help. I haven’t drafted a reply letter yet but will do that soon. Thanks!7EB21E36-D651-41A8-8AB0-C14E1F6A92A8.thumb.jpeg.09b494a7d297eaed5d91dbcbf54b292b.jpeg4C110B9E-70AE-4FDE-A582-A87DC21FC03C.thumb.jpeg.5b879db7bc88f90d505f44dd47e95082.jpeg49398370-7283-4FA4-882E-BC841FCBE68F.thumb.jpeg.79eccceda7d5324b107db52e0aed2fb0.jpeg48C05A7C-4ECB-427D-B89F-67CA791D3277.thumb.jpeg.3eb892ce0943aa543894700f03f7c972.jpegF347DF49-5EB4-4598-B5CD-5DC0615EE8D3.thumb.jpeg.409b5fe37f2e3a8cb7111356c0d3aa36.jpeg

 

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Go with arbitration, which is the best way to beat a JDB.  I would file the MTC Arb ASAP, and object to their discovery on the grounds that arbitration has been elected, and the scope of discovery should be determined by the arbitration forum.  

Answering their discovery requests with anything other than an objection could be construed as waiving your arbitration rights by participating in litigation.

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quick question, when filing my answer on the request for discovery can I use the original answer format and change to request for discovery answer and change the denial to objection and object to their discovery on the grounds that arbitration has been elected, and the scope of discovery should be determined by the arbitration forum as @nobk4me stated? I plan to file MTC aribitration at time of answer. 

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59 minutes ago, texasrocker said:

You cannot use a general denial for answering discovery.  You must answer each and every one, whether it be "denied" "admitted" or "objection."

Don't file it with the court, send it via certified mail to the attorney's office that filed the law suit.

Oh ok. I thought I had to file the answer to discovery with the court. I’ll go back and re do it. Thanks! 

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1 hour ago, veedub85 said:

I am going to file MTC arbitration. I have that listed under affirmative defense In my original answer. Is that sufficient notice to Attorney that I intend to compel arbitration along with copy of MTC?

Read your CC agreement and the clause on arb.  It should tell you how to initiate arbitration.  Some say to notify them, some say just filing the MTC will work, it really depends on the agreement.

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8 minutes ago, veedub85 said:

It does say I need to give notice, with no less than 30 days to respond to claim. Best bet to send letter of intent with MTC and copy of answer before starting with JAMS OR AAA?

Someone can come along and correct me, but letting them know you will be electing arb should be sufficient.  Just send a cover letter with a copy of your answer and copy of denial.  Also if you are including a copy of the CC agreement as an Exhibit include that too.  Basically everything you file with the court, the other side should receive a copy of.  You do not have to begin JAMS/AAA yet.  Wait to get the motion to arbitrate. 

If you haven't already, go and read the arb strategy thread here...

 

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2 minutes ago, Impress said:

Someone can come along and correct me, but letting them know you will be electing arb should be sufficient.  Just send a cover letter with a copy of your answer and copy of denial.  Also if you are including a copy of the CC agreement as an Exhibit include that too.  Basically everything you file with the court, the other side should receive a copy of.  You do not have to begin JAMS/AAA yet.  Wait to get the motion to arbitrate. 

If you haven't already, go and read the arb strategy thread here...

 

Thanks! I have read that thread and am getting things in motion. Thanks again!

 

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  • 2 years later...

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