Very simple I am being sued by PRA in Texas
I received a Civil Citation for a Debt Claim Case
1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates LLC assignee of XXXXX bank XXXXX (store name)
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Attorney in Texas (about 200+ miles from where I am located)
3. How much are you being sued for?
Roughly $1800-$2500
4. Who is the original creditor? (if not the Plaintiff)
Bank for a Retail Store
5. How do you know you are being sued? (You were served, right?)
Person came to door and handed me the citation (processor I guess)
6. How were you served? (Mail, In person, Notice on door)
In person at my door
7. Was the service legal as required by your state?
Do not know, man just handed it to me and left
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Never spoke with them....EVER.
9. What state and county do you live in?
Texas, will not mention county
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Through the credit card company, 2011
Collection agency, NEVER
11. What is the SOL on the debt?
4 years in Texas I believe
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).
PETITION FILED
CV-CITATION DEBT CLAIM-NO SERVICE FEE
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No, for fear of resetting SOL
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 I did not speak or respond with them ever.
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?
I received as follows:
1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court. Along with the name and address of the Plaintiff (attorney). Signed by the clerk of the court.
2. Then a Petition with a stamp date on it from last month stating when it was received.
It shows as follows:
A. Parties
1. states plaintiff and address
2. states my name and address
B. Jurisdiction
3. Plaintiff seeks relief of $100,000 or less, including damages....etc etc etc.
4. Plaintiff asserts that the above names court has jurisdiction over the subject matter in this case...... etc etc etc.
C. Venue
5. Venue of this action is proper in the county.....etc etc etc
D. Facts
6. On or about month/day/year, XXXXX bank issued a credit card in the Defendant's name under its account number ending in ------------xxxx Defendant received and used the card and thereby became obligated to pay for charges incurred with the card. Plaintiff's records show Defendant's last payment on the account occurred on July 2011. Defendant defaulted blah blah blah and the card was cancelled....... There was more written but I figured they send these copy and past petitions to everyone so you probably have seen and know what they say.
7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due too plaintiff by Defendant on the account is $xxxx.xx (Note the amount the are saying is more then what was actually on the card when closed)
8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, ad refused to pay the amount requested.
9. Plaintiuff has performed all conditions precedent to the filing of this action or all such conditions..........etc etc.
E. Count 1: Breach of contract
10. The issuance of a credit card constitutes the offer of contract. They then state court cases Bank One vs Palmer Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the defendant. Etc etc etc, if you need more of the text, please let me know.
11. By using and/or authorizing the use of the credit card defendant accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant also became subject to all of the terms and conditions of the Plaintiff's cardholder agreement.
12. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted defendants credit card. Prior to date of charge-off monthly bills were sent to the defendant reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The defendant had a duty to submit any disputes of the charges set forth in such statement, in writing within sixty days from date of the statement. Plaintiff asserts that a defendants failure to submit such disputes should be treated as an admission of the account balance, since defendants was/were given both a method and an opportunity to raise such disputes.
13. Defendants breached the contract by defaulting on the payment obligation of the credit card agreement. In violation of defendant's promises and obligations under aforementioned written contract, the defendant breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the defendants.
14. Defendant's breach was a proximate cause of actual damages $xxxx.xx (Note the amount the are saying is more then what was actually on the card when closed). All just and lawful offsets, credits, and payments on the credits have been applied to the account.
F. Count 2: Account Stated
15. Plaintiff is the owner and beneficiary of all claims related to the credit card account opened by defendant. The amount due and owing is $XXXX.XX.
All just and lawful offsets, credits, and payments on the credits have been applied to the account.
16. Plaintiff is entitled to recover on the account because (1) transactions between the Plaintiff and defendant gave rise to the indebtedness, (2) there existed an agreement between the Plaintiff and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the Plaintiff on the indebtedness.
G. Damages
Plaintiff seeks damages on its liquidated claim in the amount of at least $XXXX.XX, which is within jurisdictional limits of this court.
H. Conditions Precedent
18. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred.
I. Miscellany
19. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors.
J. Prayer
20. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following.
a. Actual damages in the amount of $XXXX.XX
b. Court Costs
C. All other relief to which plaintiff is entitled.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They attached no exhibits, no affidavits, no statements, nothing but what was mentioned above.
Ok so now that I got that typing out of the way, I need to know how to go about answer this citation, because obviously the answer will make this go away. I just need the correct thing to say when answering. On the forum on the court house website for answering it has only a single line for a statement back. But I have also noticed some things in this citation, they mention that I was in a contract with PRA, I never even spoke to them so how could I have entered a contract with them? They also claim that they are the owners but have provided no proof of this either. It is obviously they are just trying to get a judgment by hoping I do not answer. I just need the exact answer to give in regards to the pet ion I received. Sorry for a few typos I have in the post. 
Thanks in advance for you help and yes I left a few things blank to keep it anonymous for the most part in case these scam artists browse this site.