I am being sued by Portfolio Recovery Associates LLC, PRA in the state ofTexas
This morning, I received a Civil Citation for a Debt Claim Case, which was given to me by my 7 year old daughter, who got it off of the front door
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.)
Kelvina Wiley, in Dallas Texas
3. How much are you being sued for?
Roughly $1100.00
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?)
My 7 year old daughter found papers taped to front door
6. How were you served? (Mail, In person, Notice on door)
My 7 year old daughter found papers taped to front door.
7. Was the service legal as required by your state?
Not sure. On this day, no one knocked on the door. There was an, "Order for substitute service TRCP rule 501.2 (e). This had a section stating "Method of service ordered: By mailing a copy of the above documents to xxxxx via first class mail AND by affixing to the front door entrance only after first attempting to serve personally and attempting to leave with anyone found at the address who is 16 (sixteen) years of age.
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
No, Never spoke with them....EVER.
9. What state and county do you live in?
Texas, Williamson
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I have never made a payment to this collection agency.
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).
Could not find on the online database. Not sure I was looking it up correctly. Plan to call on Monday.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No, actually have not even pulled up my credit in quite some time.
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 spoken to them
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?
14 days
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 November 2015.
It shows as follows:
A. Parties
1. states plaintiff and address
2. states my name and address
B. Jurisdiction
3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, cost and
4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant and that the damages sought are within the jurisdictional limits of the court.
C. Venue
5. Venue of this action is proper in the county.............
D. Facts
6. On or about month/day/2011, Defendant opened a credit card account with XXXXX bank in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on September, 2013. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about April 14, 2014. On or about February 19, 2015, xxxxxxbank assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full.
7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $xxxx.xx (Not sure if the 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. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.
E. Count 1: Breach of contract
10. Plaintiff is entitled to recover for breech of contract. XXXXbank offer and extension of credit to defendant constitute performance and/or tendering of xxxxbank. Defendant failed to repay the full amount owed on the credit account and there by breached the contract.
11. Defendant Breach was a proximate cause of actual damages of $1,xxx.xx And just and lawful offsets, credits and payments have been applied.
F. Count 2: Account Stated
12. Plaintiff is entitled to recover on the account because (1) transactions between the original creditor and defendant gave rise to the indebtedness, (2) there existed an agreement between the original debtor and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the original debtor on the indebtedness.
G. Damages
13. Plaintiff seeks damages on its liquidated claim in the amount of at least $1XXX.XX, which is within jurisdictional limits of this court.
H. Conditions Precedent
14. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred.
I. Miscellany
15. 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 $1XXX.XX
b. Court Costs
C. All other relief to which plaintiff is entitled.
Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LLC
By: ORIGINAL COPY SIGNED ( it states that ---- No signature)
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.
How do I answer this citation. Could this potentially be dropped with the answer? Or will I have to go to court. I really need to know how to correctly answer the citation. I have never entered into a contract with PRA, I have never even spoke to PRA? Could they potentially win a lawsuit for breech of contract. They also claim that they are the owners but have provided no proof of this either. Are they just trying to get a judgment by hoping I do not answer?
