Texas19

Portfolio Recovery Associates Suing me Texas

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I'm not sure how much information is needed, but I was just served papers today so I'm trying to figure out how to respond. Part of me wants to offer a settlement to just be done with this considering it's less than $900 but I would not even know how to go about that without risking getting a judgement filed against me. 

1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Scott and Associates, P.C. Carrollton, TX 

3. How much are you being sued for? less than $900

4. Who is the original creditor? (if not the Plaintiff) Amazon /Synchrony Bank

5. How do you know you are being sued? (You were served, right?) Yes. I was 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. It appears that I was served legally.

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? Jim Wells County, TX

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2/2018

11. When did you open the account (looking to establish what card agreement may be applicable)?11/2013

12. What is the SOL on the debt?: 4 years

13. What is the status of your case?  I was served today, 7/7/20 and must respond within 14 days of being served. 

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?  No.

16. How long do you have to respond to the suit? 14 days from today. 

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Bill of Sale from Synchrony to  PRA, Sale File with general information, Statement from Amazon dated 9/5/2018, and an affidavit

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Look up the arbitration thread.  
 

Synchronicity has a fantastic arbitration provision.  
 

when you answer, include an affirmative defense of improper venue due to the arbitration provision. File an MTC along with your answer. Most of the time they will fold.  

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4 hours ago, BackFromTheDebt said:

Look up the arbitration thread.  
 

Synchronicity has a fantastic arbitration provision.  
 

when you answer, include an affirmative defense of improper venue due to the arbitration provision. File an MTC along with your answer. Most of the time they will fold.  

Okay I've researched. I'm trying to learn as fast as possible and I've gotten that part typed up ready to go. Do I need to file with AAA or JAMS already or wait and see the response? Do I also need to send a copy of my response to the lawyer as well? 

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I’m being sued by them as well. The Pre trial they didn’t show up. Judge said he was going to push back date and if attorney don’t show up he will dismiss it. Court date is now July 29th. I’m needing help as well. It’s a debt from 2016. I believe Texas has a two year limitation. What do I do?

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On a template I found for Defendant's answer for Texas court (on Texas Law Help forms), it has a part to request judgement and sign? Is this correct? I do not want to fill out the wrong part.

In my answer for specific pleas made under penalty and perjury I stated that it was a matter for private arbitration and I am asking the court to grand my motion to compel private arbitration and to stay proceeding pending arbitration. I checked arbitration and award as my affirmative defense and under additional affirmative defense I write the statement of Lack of subject matter jurisdiction quote from the litigation board. 

I tried reaching out to the justice of the peace it was filed at to see what the court rules were but they are closed for COVID and do not respond to any voicemails or emails I have sent. 

IMG_0357.jpg

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On 7/9/2020 at 11:21 PM, TXBoy325 said:

I’m being sued by them as well. The Pre trial they didn’t show up. Judge said he was going to push back date and if attorney don’t show up he will dismiss it. Court date is now July 29th. I’m needing help as well. It’s a debt from 2016. I believe Texas has a two year limitation. What do I do?

Please start your own thread so people won’t confuse your case with this other case. 

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On 7/16/2020 at 7:36 PM, Texas19 said:

On a template I found for Defendant's answer for Texas court (on Texas Law Help forms), it has a part to request judgement and sign? Is this correct? I do not want to fill out the wrong part.

In my answer for specific pleas made under penalty and perjury I stated that it was a matter for private arbitration and I am asking the court to grand my motion to compel private arbitration and to stay proceeding pending arbitration. I checked arbitration and award as my affirmative defense and under additional affirmative defense I write the statement of Lack of subject matter jurisdiction quote from the litigation board. 

I tried reaching out to the justice of the peace it was filed at to see what the court rules were but they are closed for COVID and do not respond to any voicemails or emails I have sent. 

IMG_0357.jpg

Can someone help with this form? 

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So I submitted the response back in July with the motion for private arbitration.  I never got a response from the judge or portfolio recovery. Today I got a letter from the judge with a court date for debt court. Does this mean she rejected my request or what can I expect exactly? I want to be prepared when I go to this zoom meeting on Oct. 20th. 

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14 hours ago, Texas19 said:

So I submitted the response back in July with the motion for private arbitration.  I never got a response from the judge or portfolio recovery. Today I got a letter from the judge with a court date for debt court. Does this mean she rejected my request or what can I expect exactly? I want to be prepared when I go to this zoom meeting on Oct. 20th. 

Register on efiletexas.gov and you should be able to search your case # and see the filing history.

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40 minutes ago, Superdad3d said:

Register on efiletexas.gov and you should be able to search your case # and see the filing history.

I tried the multiple sites listed and it's showing the case doesn't even exist. They filed the case in small claims court in a very small rural town of less than 2500 people which is why I am assuming I cannot find anything. 

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So I had court today via zoom but because PRA didn't show up the judge extended the hearing another month. Is this normal?  When I asked about the motion for private arbitration the judge said I misread the agreement and she DOES have jurisdiction and the agreement I sent in doesn't have my signature so it is not valid. I had attached the affidavit that was notarized stating the agreement was true but she's saying that's not my original agreement. I am at a loss as to what to do now. Should I try and settle with PRA or is there something else I can do? 

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I'm no expert but I would say the judge was wrong in this case.   Looking up case law involving arbitration and credit cards, I'm sure there are some fairly recent ones that will back up your position.  This is so you can argue why the judge should grant your motion.  google scholar is a good start. 

If PRA's lawyers don't show up next time, ask the judge to dismiss the case with prejudice.  Baring that, ask that your motion be granted since they are not there to argue against it, and have provided no reason why they weren't.  It is unfair to you if the judge keeps rescheduling, and I'm pretty sure the TRCP says there must be a reasonable explanation as to why they did not appear.  If the judge doesn't agree, or rules against you, you can file an appeal. 

Or, if you are comfortable with trying to settle with them, do so.  Figure out how much you can afford and make them an offer (via their lawyers).

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On 10/20/2020 at 10:34 AM, Texas19 said:

So I had court today via zoom but because PRA didn't show up the judge extended the hearing another month. Is this normal?  When I asked about the motion for private arbitration the judge said I misread the agreement and she DOES have jurisdiction and the agreement I sent in doesn't have my signature so it is not valid. I had attached the affidavit that was notarized stating the agreement was true but she's saying that's not my original agreement. I am at a loss as to what to do now. Should I try and settle with PRA or is there something else I can do? 

1.) Judge should not have just rescheduled the court date. The plaintiff did not show to make their case. If you wouldn't have shown up then a judgment would have been rendered against you.

2.) She does have subject matter jurisdiction, as that is based on the amount in controversy. Important to NOT presume jurisdiction and venue are the same thing. They aren't one in the same. Jurisdiction pertains to the amount in controversy, the amount in question you are being sued for in Texas is within the jurisdictional limits (under $20,000) of the court. Venue however, would be improper (if appropriately raised by you or the defense) as the arbitration agreement would articulate matters be arbitrated and not heard in a court.

3.) Regarding the agreement not being the original agreement, sounds like that is possibly her speculation. Unless she meant to say not the agreement applicable, as they (PRA) will try to push whichever agreement was in effect at the time your account was charged off.

4.) Do you have ANY counter claims possibly against PRA? Have they been placing unsolicited calls to your phone up to and including debt collection, without your express written consent?

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