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Impress

Mom sued by PRA Breach of Contract Texas

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Hi Everyone,

Hope everyone is doing ok in these interesting times.

I have a quick question about defending a lawsuit.  My mom was served on an old Cap One account, a bit over 4k, nothing was attached to the petition.  They are suing her over Breach of Contract and Account Stated.  I have been sued by PRA but only for account stated.  Is defending against both any different?

What I mean is, do we approach the same as before?  File general denial, file request for discovery, etc?

Thanks 

FYI law firm is Rausch Sturm

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25 minutes ago, Impress said:

My mom was served on an old Cap One account

How old is old?  If it was 2012 or earlier, you may be able to use arbitration.  If it's after that, chances are pretty good arbitration isn't an option, so you'll have to use the traditional methods.

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Always file a general denial immediately after being served no matter how you want to go about defending it.  

It is common to plead both Account Stated and Breach of Contract, actually quite rare to not see both.   It is also common for that lazy-a$$ law firm to fail to answer discovery, fail to show up in court for any hearings, and even fail to file a non-suit.  

If you are being sued in a JP court you will need to get the court's approval to begin discovery.  

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22 hours ago, Harry Seaward said:

How old is old?  If it was 2012 or earlier, you may be able to use arbitration.  If it's after that, chances are pretty good arbitration isn't an option, so you'll have to use the traditional methods.

Sadly post 2012 so will have to go traditional. 

 

10 hours ago, texasrocker said:

Always file a general denial immediately after being served no matter how you want to go about defending it.  

It is common to plead both Account Stated and Breach of Contract, actually quite rare to not see both.   It is also common for that lazy-a$$ law firm to fail to answer discovery, fail to show up in court for any hearings, and even fail to file a non-suit.  

If you are being sued in a JP court you will need to get the court's approval to begin discovery.  

Got it.  I really hope they are lazy for my mom's sake.  She really doesn't want to deal with this right now (who does), so fingers crossed they make it easier on her by not showing up.

 

Thanks for your answers. 

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