If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):
1. Who is the named plaintiff in the suit?
Credit Corp Solutions Inc.
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Scott & Associates
3. How much are you being sued for?
$4,XXX
4. Who is the original creditor? (if not the Plaintiff)
On the case file its listed as "Synchrony Bank".
But the PayPal credit account was originally opened in Aug. 2016. My PayPal credit emails that say "You have a new payment" all mentioned that, and I quote, "The lender for PayPal Credit Accounts is Comenity Captial Bank".
Does this make Comenity Capital Bank the original creditor?
5. How do you know you are being sued? (You were served, right?)
Lawyer letters from the mail
6. How were you served? (Mail, In person, Notice on door)
N/A - I have not been served yet but I am waiting to be. I'm going to contanct the JP court tomorrow to see if a summons has already been served and I have not received it, or if they're still waiting on sending it out. I want to make sure I reply with an answer so I dont land on a default judgement.
7. Was the service legal as required by your state?
N/A
Process Service Requirements by State - Summons Complaint
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None. Before looking into the matter I was unaware of Credit Corp Solutions Inc. and Synchrony Bank. I was also unaware of Comenity Capital Bank, I just assumed PayPal handled it all.
9. What state and county do you live in?
State: Texas
County: Harris
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
This is tricky, the last payment directly online to the account was on 10/27/17 through PayPal credit, at the time Comenity Capital Bank was the lender for PayPal Credit.
On 2/2/20 I made a phone payment. At the time I was unaware of who was calling, with the PayPal credit balance in the back of my mind constantly I figured it was them, paid around $144 and never heard from them since.
11. When did you open the account (looking to establish what card agreement may be applicable)?
August 2016
12. What is the SOL on the debt? To find out:
4 years in the state of Texas
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).
The last thing on the cases timeline is: "Debt Claim-Citation" on June 2nd 2023
I have not been served yet or anything, just wanting to weigh my options and give myself plenty of time to prepare
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No, I haven't made contact with anyone about the debt.
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, I am planning on request debt validation when I am finally served and submit my answer.
I also want to add that I HAVE NOT received any type of letters about the debt from Credit Corp Solutions Inc or Scott & Associates. As for emails, when I search "Credit Corp Solutions" in my inbox, I have two emails. One is dated on 3/26/21, and the other on 2/8/22. Both were unopened at first, when I looked at the first email dated in 2021, it just mentioned about repayment towards the debt on their website. For the 2022 email, it was just an offer of $3.8k compared to the full amount, take off an $XX amount.
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?
Texas requires 14 days since receiving summons to respond. I have still not received mine, I am just preparing right now.
The court papers that were uploaded to the public and that I was able to download show that the Claim Detail says: "Plaintiff's claim is for Account Stated and/or Open Account. The claim arises from a Credit Account entered into by Defendant(s) with Synchrony Bank, Account No. XXXXXXXXXXXXZZZZ (the account). The Account in in default and Plaintiff sues herein for actual damages, cost of court and continuing post-judgment interest."
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Bill of Sale - A copy of the bill of sale was provided between Credit Corp (CPPS) and PLCC PayPal Fresh during June 2020. It looks super basic, 2-3 lines basically with legality language showing that PayPal is selling the accounts.
Below the bill of sale - A document with everything darked out BUT my basic information, and showing my "last payment" in early Feb. 2020. I also want to add I do not recognize the last 4 digits of the account number they provide. Its essentially and excel looking sheet.
The evidence they provided after is a statement looking page (am I allowed to upload?). It shows "Account Summary" with the "previous balance" some charges like fees and interests, then ends with the "New Balance" and credit limit. To the right of that its the "Payment Information" showing that I owe the $4,XXX. In the middle of the document has "Current Activity" and it shows the interest charges.
BUT below that document is another statment looking page, its the exact same with different numbers BUT the current activity is different. It has the Tran and Posting date as 2/2/20. A "reference number" and a "description" stating "PHONE PAYMENT - THANK YOU" "ALPHARETTA GA". Also includes another Late Fee, interests charges and all that.
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One thing I'd like to bring up is Section 392.307 of the Texas Finance Code, according to guides.sll.texas.gov its summarized as "This section of the law, introduced in 2019, states that a payment on the debt (or any other activity) does not restart the clock on the statute of limitations. It also requires that debt buyers provide written notice to a consumer if the limitations period has expired." Can I argue that Comenity Capital Bank was my original creditor and the debt is towards them?
Another thing I'd like to reiteriate is that on the case file uploaded by the county and submitted by them, they have Synchrony Bank as the original creditor and the account opening last Aug. 2016. That itself isnt "true" right? Technically I signed up with PayPal credit which was lended by Comenity Capital Bank at the time. I just dont know if this is a reasonable defence and question it. If I can prove that Comenity Capital Bank was my original creditor, then that'll put my SOL in 2021 and make the lawsuit invalid.
So what I wanted to ask are, what are my options? This lawsuit hit me out of nowhere, I wasn't aware of it, received no calls or emails or letters. While I will be willing to pay $1.1k as a settlement (since that was what the account balance when I last paid), $4,XXX is not doable. Anything bigger than $1k can only be done on a payment plan. I have 0 consistent income at the moment and already struggle to pay the bills I currently have. I live with family as well, so no home or property, and everything major like my vehicle is under my parents name. Essentially I'm broke with nothing to lose, but I'd still want to fight this in some capacity. A lawyer is 97% out of the question, if needed I could possibly borrow the money but if I can attack this solo then thats what I'd like to do. Thank you.