KeithM

Sued by Portfolio Recovery

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I'm being sued by Portfolio Recovery in TX.  Just received the court citation:

1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates, LLC

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

Rausch Sturm , 15660 N. Dallas PKWY, STE 350, Dallas TX 75248

3. How much are you being sued for?

$4,621.91

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

CitiBank

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

Served in person

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

Served in person

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

Yes, served by person

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?

Montgomery 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)

February 11, 2019 according to the petition

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

4 years 

12. 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).

I searched the JP website and it shows the status as Debt Claim Pending

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No have never had contact

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No have never had contact

15. 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?

Received March 22, 2021

14 days (April 5th, 2021)

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

It just looks to be a petition.

 

 

I've never been sued before so I appreciate any help.

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Small Claims courts were abolished by the Texas Supreme Court in 2013.

For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following:

I.  GENERAL DENIAL

Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence.

II. PRAYER

Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to.

<Your name, address and phone number>

File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.

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1 hour ago, texasrocker said:

Small Claims courts were abolished by the Texas Supreme Court in 2013.

For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page.

DEFENDANT'S ORIGINAL ANSWER

Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following:

I.  GENERAL DENIAL

Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence.

II. PRAYER

Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to.

<Your name, address and phone number>

File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.

Excellent.  At that point, I'm guessing they will probably push for a trial? Or will they just go away (hopefully)?  I know some of these debt collectors are looking for easy wins and I didn't know if Portfolio was one of them.

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On 3/23/2021 at 10:08 AM, texasrocker said:

Small Claims courts were abolished by the Texas Supreme Court in 2013.

So this is going to depend on the judge and whether the opposing attorney bothers to challenge the arb provision.  Some courts will say the small claims was absorbed into Justice Court (which happened to me recently) and others would take your stance. 

@KeithM  All JDBs (and the attorney's) are looking for an easy win.  If you want to take a chance with the MTC to arb, I say go ahead.  But also decide now on a couple of things.  1) How far are you willing to take this if you MTC is denied?  2) How much you feel comfortable settling for.   PRA will work with you, from what I understand but if you want to go to court, you will need to prepare yourself.  This forum helps a lot, but you will have to put in the work. 

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Do you not know when the actual last payment date was, or date of delinquency on the account? Just because the petition they filed says Feb of 19, doesn't mean it was so. Had your phone number changed since you opened that account? Had you received phone calls to your phone (cellular) which DID NOT have the same number BEFORE your account went delinquent?

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I live here in TX and were sued by the exact same people for citibank here in Tarrant County.  They've tried suing me twice and both times they dropped the case at the last minute.  I made em work for it.  They had all the proper documentation and chain of custody to have me dead to rights.  I figured- if I'm goin down, I'm gonna drag my feet and kick as much as I can and make them pay for it!  I filed as many motions for continuances as I could and denied everything right down to the mediation.  I would've tried to work out some kind of deal, but I just didn't have the money so I just flat out denied it and set for trial.  My reasoning they dropped the case: it was costing em too much for what they would've gained, but I don't know either way.  Hope that helps

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This sometimes happens.  
 

There is a certain amount of luck of the draw

Sometimes the other side gives up with the slightest push back   
 

Other times they fight to the bitter end   
 

Much of it is luck and chance   
 

But, remember what one of the greatest scientists in history, Louis Pasteur, said when people pointed out how lucky some of his discoveries were:

 

”Chance favors the prepared mind”

 

I won many battles because I was prepared and my opponents were not.   Had I not been prepared, I would have lost every time.  

 

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15 hours ago, Monolithic Cheesecake said:

I live here in TX and were sued by the exact same people for citibank here in Tarrant County.  They've tried suing me twice and both times they dropped the case at the last minute.

Rausch, Sturm, Israel, Enerson & Hornik is the laziest and wimpiest law firm in Texas. 

It is surprising that they even showed up for mediation. They are notorious for doing absolutely nothing after filing a lawsuit until finally filing a non-suit on the day they must appear in court for any procedure.   Sometimes they don't even non-suit and the judge drops the case because they failed to show. 

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On 4/3/2021 at 9:51 AM, texasrocker said:

They are notorious for doing absolutely nothing after filing a lawsuit until finally filing a non-suit on the day they must appear in court for any procedure.

Is there any way I can use these two non-suits to have it dismissed with prejudice?  So they don't come back and and hassle me a third time?
 

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33 minutes ago, Monolithic Cheesecake said:

Is there any way I can use these two non-suits to have it dismissed with prejudice?  So they don't come back and and hassle me a third time?
 

Read your rules of civil procedure regarding non-suits or voluntary dismissals.  There might be a limitation on the number of times a lawsuit can be non-suited or voluntarily dismissed.  

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6 hours ago, Orgbld18 said:

So, there seems to be conflicting opinions wether PRA should be contacted or not.  If the debt is fairly small (<2000), is it more beneficial to attempt to settle, or fight them?

Please start your own thread, and please provide more information.  We can’t tell you how to deal with a certain situation if we don’t know the situation 

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