veedub85 Posted January 20, 2020 Report Share Posted January 20, 2020 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! Quote Link to comment Share on other sites More sharing options...
nobk4me Posted January 20, 2020 Report Share Posted January 20, 2020 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. Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 21, 2020 Author Report Share Posted January 21, 2020 Thanks for the advice!. I plan to draft and turn in response and MTC arbitration all at the same time. Just need to get it set up right. I’m trying to be calm and rational with all of this. Neve been in a situation like this. Again I appreciate the insight! Quote Link to comment Share on other sites More sharing options...
Impress Posted January 21, 2020 Report Share Posted January 21, 2020 Arb for sure. But I'm curious, is this in Justice Court? I'm guessing by the fact they sent you discovery it's not, but I was just wondering. Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 23, 2020 Author Report Share Posted January 23, 2020 May sound dumb but how would I know if it’s justice court? Quote Link to comment Share on other sites More sharing options...
Impress Posted January 23, 2020 Report Share Posted January 23, 2020 10 hours ago, veedub85 said: May sound dumb but how would I know if it’s justice court? Not dumb. it should say on the first page or two somewhere. It's important to know because every court has it's own rules. Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 26, 2020 Author Report Share Posted January 26, 2020 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. Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 26, 2020 Author Report Share Posted January 26, 2020 I’ve attached the answers to original petition and first discovery anything I should change? Not sure what to put for prayer in discovery answer. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted January 26, 2020 Report Share Posted January 26, 2020 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. Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 26, 2020 Author Report Share Posted January 26, 2020 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! Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 28, 2020 Author Report Share Posted January 28, 2020 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? Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 28, 2020 Author Report Share Posted January 28, 2020 Also thanks to everyone who responded and helped! Quote Link to comment Share on other sites More sharing options...
Impress Posted January 28, 2020 Report Share Posted January 28, 2020 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. Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 28, 2020 Author Report Share Posted January 28, 2020 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? Quote Link to comment Share on other sites More sharing options...
Impress Posted January 28, 2020 Report Share Posted January 28, 2020 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... Quote Link to comment Share on other sites More sharing options...
veedub85 Posted January 28, 2020 Author Report Share Posted January 28, 2020 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! Quote Link to comment Share on other sites More sharing options...
veedub85 Posted May 15, 2022 Author Report Share Posted May 15, 2022 So two year and some months update. Once i filed my MTC arbitration nothing happened for two years and the court sent the case to dismissal docket and the case was dismissed for non suit. Quote Link to comment Share on other sites More sharing options...
alwayswinning36 Posted June 4, 2022 Report Share Posted June 4, 2022 On 5/14/2022 at 7:04 PM, veedub85 said: So two year and some months update. Once i filed my MTC arbitration nothing happened for two years and the court sent the case to dismissal docket and the case was dismissed for non suit. Well that is good news for you. But if it wasn't dismissed with prejudice, and may not have been, they could refile at anytime between now and the statute of limitations passing. Hopefully they won't, though. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted June 5, 2022 Report Share Posted June 5, 2022 2 hours ago, alwayswinning36 said: Well that is good news for you. But if it wasn't dismissed with prejudice, and may not have been, they could refile at anytime between now and the statute of limitations passing. Hopefully they won't, though. On 1/19/2020 at 10:55 PM, veedub85 said: 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 The SOL has passed but I believe I read somewhere they have 30 days to petition court to revive the original case thus overcoming the SOL being passed. update found info. What does “dismissed for want of prosecution” or DWOP mean? “Dismissed for want of prosecution” or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice). Before dismissing a case for want of prosecution, the clerk will send you a letter or email that tells you that your case has been placed on the dismissal docket (list of cases to be dismissed on a certain date). What does it mean to retain a case? If a case is “retained” it is kept open. If your case was placed on the dismissal docket (but not yet dismissed), you can ask the judge to keep your case open by filing a Motion to Retain Case on Docket and Notice of Hearing. What does it mean to reinstate a case? If a case is “reinstated” it is reopened after being dismissed. If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.) See Texas Rules of Civil Procedure, Rules 165(a)(4). What is the deadline to ask the judge to reinstate my case? You must file (turn in) a completed Motion to Reinstate Case on Docket and Notice of Hearing form within 30 days of the date the judge signed the dismissal order. Exception: If you first learned about the dismissal order more than 20 days after it was signed by the judge, your 30-day deadline to file the Motion to Reinstate Case on Docket began on the day you received notice of the dismissal from the clerk or the day you actually found out about the dismissal (whichever happened first). However, even if this exception applies, your 30-day deadline cannot begin more than 90 days after the dismissal order was signed by the judge. So, the latest you could file a Motion to Reinstate Case on Docket is 120 days after the dismissal order was signed by the judge. See Texas Rules of Civil Procedure, Rule 306(a)(4). Quote Link to comment Share on other sites More sharing options...
alwayswinning36 Posted June 5, 2022 Report Share Posted June 5, 2022 3 hours ago, Bulldoger said: The SOL has passed but I believe I read somewhere they have 30 days to petition court to revive the original case thus overcoming the SOL being passed. update found info. What does “dismissed for want of prosecution” or DWOP mean? “Dismissed for want of prosecution” or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice). Before dismissing a case for want of prosecution, the clerk will send you a letter or email that tells you that your case has been placed on the dismissal docket (list of cases to be dismissed on a certain date). What does it mean to retain a case? If a case is “retained” it is kept open. If your case was placed on the dismissal docket (but not yet dismissed), you can ask the judge to keep your case open by filing a Motion to Retain Case on Docket and Notice of Hearing. What does it mean to reinstate a case? If a case is “reinstated” it is reopened after being dismissed. If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.) See Texas Rules of Civil Procedure, Rules 165(a)(4). What is the deadline to ask the judge to reinstate my case? You must file (turn in) a completed Motion to Reinstate Case on Docket and Notice of Hearing form within 30 days of the date the judge signed the dismissal order. Exception: If you first learned about the dismissal order more than 20 days after it was signed by the judge, your 30-day deadline to file the Motion to Reinstate Case on Docket began on the day you received notice of the dismissal from the clerk or the day you actually found out about the dismissal (whichever happened first). However, even if this exception applies, your 30-day deadline cannot begin more than 90 days after the dismissal order was signed by the judge. So, the latest you could file a Motion to Reinstate Case on Docket is 120 days after the dismissal order was signed by the judge. See Texas Rules of Civil Procedure, Rule 306(a)(4). Those rules aren't even applicable in Texas Justice Court. Justice Court uses Part V of the rules of civ. pro., rules 500 to 510, I believe. Part V is the rules of the Justice Court in Texas. If a plaintiff wanted to file using rules other than those applicable to Justice Court, then they'd have to file in another Court. There is a reason Justice Court is limited to the cases they can hear. It's kangaroo court essentially, as the Judges in these courts aren't attorneys and haven't been to law school. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted June 5, 2022 Report Share Posted June 5, 2022 19 hours ago, alwayswinning36 said: as the Judges in these courts aren't attorneys and haven't been to law school. That's crazy but explains a lot. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 6, 2022 Report Share Posted June 6, 2022 20 hours ago, alwayswinning36 said: Those rules aren't even applicable in Texas Justice Court. Justice Court uses Part V of the rules of civ. pro., rules 500 to 510, I believe. Part V is the rules of the Justice Court in Texas. If a plaintiff wanted to file using rules other than those applicable to Justice Court, then they'd have to file in another Court. There is a reason Justice Court is limited to the cases they can hear. It's kangaroo court essentially, as the Judges in these courts aren't attorneys and haven't been to law school. That is why you need to do your due diligence before election day. Most of them in the larger populated counties have a law degree and background. 1 Quote Link to comment Share on other sites More sharing options...
alwayswinning36 Posted June 8, 2022 Report Share Posted June 8, 2022 On 6/5/2022 at 6:40 PM, Bulldoger said: That's crazy but explains a lot. Yep, as @texasrockerpointed out, election day, Texas JP courts are elected officials only. He and I could run for JP, if we wanted to and be "the judge" if we got elected. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.