Complaint,Petition: PORTFOLIO RECOVERY ASSOCIATES, LLC vs. SIRWAN IBRAHIM

On July 17, 2020 a Complaint,Petition was filed involving a dispute between Portfolio Recovery Associates, Llc, and Ibrahim, Sirwan, for CNTR CNSMR COM DEBT in the District Court of Dallas County.

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PORTFOLIO RECOVERY ASSOCIATES, LLC
CaseN°-—
Case N°- —0020-09734
DC-20-09734
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In 193RD
Plaintiff § District
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SIRWAN IBRAHIM § DALLAS County Texas
Defendant(s)
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PLAINTIFF’S ORIGINAL PETITION & FIRST DISCOVERY REQUESTS
A. Discoverv Control Plan

1. to conduct discovery
Plaintiff intends t0 under Level 1pursuant to TeX. R. Civ. P.
t0 Tex. § 190.1 and afﬁrmatively pleads
that itseeks monetary relief 0f $50,000 0r less.

B. Parties

2. The address for Plaintiff,PORTFOLIO RECOVERY ASSOCIATES, LLC, is PO BOX 12914, NORFOLK VA

M
23541.

3. Defendant, SIRWAN IBRAHIM may be served With with process at 1705 N GREENVILLE AVE APT 458,
RICHARDSON TX 75081, or 0r at such other place as the Defendant may be found.

C. Jurisdiction

4. Plaintiff seeks only monetary relief of
0f $10,000 0r less.

5. Plaintiff asserts that the above—named court has jurisdiction over the subj ect matter of
above-named 0f this case and the person(s)
of Defendant(s) and that the damages sought are within the jurisdictional
0f limits of the court.

D. Venue

6. Venue of this action is proper in the county named above because Defendant(s) is/are adult individua1(s) believed
t0
to be residing in said county at the time of commencement of suit.

E. Facts

7. On or about November 8, 2017, Defendant(s) opened a credit account with SYNCHRONY BANK in the
Defendant’s(s’) name under its account number ending in ************2464. Defendant(s) used the account and
thereby became obligated t0 to pay for the balance owed on
0n the Plaintiff’ s records indicate Defendant(s)’
credit account. Plaintiff last

payment 0n the account occurred on 0n September 15, 2012018.8. Defendant(s) defaulted on the obligation to make monthly

payments on0n the credit account. The credit account was subsequently closed due to nonpayment and/or charged off to
on or about February 17, 2019. On 0r
proﬁt and loss 011 or about March 20, 2019, SYNCHRONY BANK assigned
Defendant’s(s’) credit account t0 Plaintiff, and Plaintiff is the current holder of 0f Defendant’s(s’) account and the proper
party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full.

8. Defendant(s) applied for and received a credit account bearing the account number ************2464.
Defendant(s) used or authorized the use 0f the Account for the acquisition 0f goods, services, balance transfers or cash
advances in accordance with the customer agreement governing use of the Account with SYNCHRONY BANK .
9. Defendant(s) breached the agreement by failing t0 make periodic payments as required thereby and the Account
was subsequently charged-off. The current Account balance is $9,502.31 Which includes any applicable payments and
credits. The Account isnot accruing post charge-off interest.

10. That although demand has been made upon Defendant(s), neither the said sums or any portion thereof has been
paid.

11. Plaintiff has performed all conditions precedent t0 the ﬁling of this action or all such conditions precedent have
been performed 0r have occurred.

F. COUNT 1: Breach 0f Contract

12. Plaintiff is entitled t0 recover for breach 0f contract. SYNCHRONY BANK ‘s offer and extension 0f credit t0
Defendant(s) constitute performance and/or tendering 0f performance by SYNCHRONY BANK .Defendant(s)’ use 0f
the credit account constitutes acceptance 0f the terms 0f the account proposed by SYNCHRONY BANK . Defendant(s)
failed t0 repay the amount owed 0n the account and thereby breached the contract.

13. Defendant(s)’ breach was a proximate cause of actual damages of $9,502.3 1. A11 just and lawful offsets, credits,
and payments have been applied t0 the account.

G. COUNT 2: Account Stated
14. Plaintiff is entitled t0 recover 0n an account stated claim because (1) transactions between the Original Creditor
and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and the
Defendant(s) Which established the amount due t0 Original Creditor, and (3) the Defendant(s) promised t0 pay the
Original Creditor 0n the indebtedness.

H. Damages

15. Plaintiff seeks damages 0n its liquidated claim in the amount of at least $9,502.31, which is within the
jurisdictional limits 0f this court.

I. Conditions Precedent

16. A11 conditions precedent t0 Plaintiff” s claim for relief have been performed or have occurred.

J. Miscellany

17. The undersigned attorneys hereby give notice that they and Plaintiff are attempting t0 collect a debt and any
information obtained Will be used for that purpose. Plaintiffs attorneys are debt collectors.
K. Plaintiff’s First Discoverv Requests Attached

18. Plaintiff is attaching hereto Plaintiff’s First Request for Discovery, which is t0 be served on Defendant along
with Plaintiff’s Petition. Plaintiff’s First Request for Discovery includes Plaintiff’s Request for Disclosure, Request for

Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194, 196, 198,
and 197, Plaintiff may serve these discovery requests on Defendant prior t0 the date Defendant’s answer is due, in
which case Defendant must serve its response within 50 days after the date of service of the discovery request. See
Olz'phant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.—Dallas [5th Dist], 2009)(for the proposition

that Plaintiff may attach requests for admissions to its petition); see also Sherman Acquisitions II, L.P. v. Garcia, 229
S.W.3d 802, 813 (Tex.App.—Waco, 2007, no pet).

L. Prayer

19. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that
Plaintiff be awarded a judgment against Defendant for the following:

a. Actual damages in the amount 0f $9,502.31.
b. Court costs.
c. A11 other relief to which Plaintiff is entitled.

Respectfully submitted;
RAUSCH STURM
ATTORNEYS IN THE PRACTICE 0F DEBT COLLECTION

By:

gnaw! CW
BRANDI ADDISON, SBN 24094342

ATTORNEY CONTACT INFO: 15660 N. Dallas Parkway, Suite 350
Brandi Marie Addison Dallas TX 75248
T011 Free — (877) 215-2552 Fax - Dallas (877) 492-5185
Phone: (262) 796-6990
E-mail: lawﬁrmTX@rsieh.com
Ednaﬂ: BAddison@Isieh_Dom
ATTORNEY FOR PLAINTIFF
3970200

T0 the Defendant Pursuant t0 Rule 21, Texas Rules of Civil Procedure: Every pleading, plea, motion, or application to
the court for an order, whether in the form of a motion, plea, 0r other form of request, unless presented during a hearing
0r trial,must be ﬁled with the clerk 0f the court in writing, must state the grounds therefor, must set forth the relief or
order sought, and at the same time a true copy must be served on all other parties, and must be noted on the docket.

3970200
PLAINTIFF’S FIRST DISCOVERY REQUEST

T0: SIRWAN IBRAHIM 1705 N GREENVILLE AVE APT 458, RICHARDSON TX 75081

Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, hereby serves its FirstDiscovery Requests 0n
Defendant, SIRWAN IBRAHIM, along With itsOriginal Petition in the above-styled lawsuit. Plaintiff‘s First Discovery

Requests include, Plaintiff‘s Request for Disclosure, Request for Production, Request for Admissions and Interrogatories.
Pursuant to Texas Rules of Civil Procedure 194, 196, 198, and 197, Defendant(s) is directed t0 serve written responses
to Plaintiff's First Discovery Requests and produce all requested documents t0 Plaintiff's counsel 0f record at
RAUSCH STURM, at 15660 N. Dallas Parkway, Suite 350, Dallas TX 75248 (Fax: 877/492-5185) within 50 davs after
the date 0f service 0f the discoverv request.

I. NOTICE REGARDING FAILURE TO TIMELY
RESPOND TO REQUEST FOR ADMISSIONS

In the event Defendant(s) fails t0 respond in writing t0 Plaintiff's Request for Admissions within the time
period required under Texas Rule 0f Civil Procedure 198.2(a), Plaintiff's Request for Admissions shall be deemed
admitted without the necessity 0f a court order as permitted under Texas Rule 0f Civil Procedure 198.2(c), and
such Deemed Admissions may be relied upon by Plaintiff in support 0f its claims against Defendant(s).

II. INSTRUCTIONS

1. For any document that no longer exists or that cannot be located, identify the document, state how and when it

passed out 0f existence, 0r When it could no longer be located, and the reasons for the disappearance. Also,
identify each person having knowledge about the disposition or loss of the document.

2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2)
the titleor heading that appears 0n the document; (3) the date the document was created and/or executed; and (4)
the identity of the author and of the signer of the document.

3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address
and telephone number for the person.

III. DEFINITIONS

The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless
the context requires otherwise:

1. “Plaintiff” shall mean PORTFOLIO RECOVERY ASSOCIATES, LLC as well as any of its authorized agents,
representatives, ofﬁcers, directors, employees, attorneys, partners, corporate agents, subsidiaries, afﬁliates and/or
parent companies.

2. “Defendant”, “you” and/or “your” shall mean SIRWAN IBRAHIM as well as any of his authorized agents,
representatives, ofﬁcers, directors, employees, attorneys, partners, corporate agents, subsidiaries, afﬁliates,
parent companies, and/or any other person or entity acting on behalf of and with the permission 0f SIRWAN
IBRAHIM. In the event there are multiple defendants in this lawsuit, “Defendant” shall be construed t0 refer to
both the singular and plural version and shall be inclusive of all named defendants.

3. “Document” means all written, typed or printed matters, and all magnetic, electronic, or other records or

documentation 0f any kind 0r description in your actual possession, custody, 0r control, including those in the
possession, custody, or control of any and all present or former directors, ofﬁcers, employees, consultants,
accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant
t0 the subj ect matter of this action.
4. “Possession”, “custody”, and/or “control” of an item means that the person either has physical possession of the
item or has a right to possession equal or superior to that of the person who has physical possession of the item.

5. “Person” means any natural person, corporation, firm, association, partnership, joint venture, proprietorship,
governmental body, or any other organization, business, or legal entity, and all predecessors or successors in
interest.

6. "The Account" shall mean the credit account bearing the original creditor account number ending in
************2464 made the subject of this lawsuit.

7. "The Original Creditor” shall mean SYNCHRONY BANK

Respectfully submitted;
RAUSCH STURM
ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION

By:

Mi 0mm
BRANDI ADDISON, SEN 24094342

15660 N. Dallas Parkway, Suite 350
Dallas TX 75248
Toll Free - (877) 215-2552 Fax - Dallas (877) 492-5185
E-mail: lawfirmTX@rsieh.com
ATTORNEY FOR PLAINTIFF
3970200
REQUEST FOR DISCLOSURE

Pursuant t0 Texas Rule 0f Civil Procedure 190.2(b)(6) Defendant isrequested to disclose alldocuments, electronic
information, and tangible items that Defendant has in his/her possession, custody, or control and that Defendant may use t0
support his/her claims or defenses.

Pursuant t0 Texas Rule 0f Civil Procedure 194.3 Defendant isrequested t0 disclose within 50 days 0f service 0fthis
Request, the information 0r material described in Texas Rule 0f Civil Procedure 194.2(a)—(l).

(a) the correct names of the parties to the lawsuit;

(b) the names, address, and telephone numbers 0f any potential parties;

(C) the legal theories and, in general, the factual bases of the responding party's claims 0r defenses (the
responding party need not marshal allevidence that may be offered at trial);

(d) the amount and any method of calculating economic damages;

(e) the name, address, and telephone number 0f persons having knowledge of relevant facts, and a brief
statement 0f each identiﬁed person's connection with the case;

(f) for any testifying expert:

(1) the expert's name, address, and telephone number;

(2) the subj ect matter on Which the expert will testify;

(3) the general substance 0f the expert's mental impressions and opinions and a brief summary 0f the
basis for them, or if the expert is not retained by, employed by, or otherwise subj ect t0 the control
0f the responding party, documents reﬂecting such information;

(4) ifthe expert isretained by, employed by, 0r otherwise subj ect t0 the control 0fthe responding party:

(A) alldocuments, tangible things, reports, models, 0r data compilations that have been provided
t0,reviewed by, employed by, 0r prepared by or for the expert in anticipation 0fthe expert's
testimony; and

(B) the expert's current resume and bibliography;

(g) any indemnity and insuring agreements described in Rule 192.3 (f);

(h) any settlement agreements described in Rule 192.3 (g);

(i) any witness statements described in rule 192.3 (h);

(i) in a suit alleging physical or mental injury and damages from the occurrence that is the subject 0f the case,
allmedical records and bills that are reasonably related t0 the injuries 0r damages asserted or, in lieu thereof,
an authorization permitting the disclosure 0f such medical records and bills;

(k) in a suit alleging physical 0r mental injury and damages from the occurrence that is the subj ect0f the case,
allmedical records and bills obtained by the responding party by Virtue of an authorization furnished by the
requesting party;

(1) the name, address, and telephone number 0f any person Who may be designated as a responsible third party.

REQUEST FOR PRODUCTION

Pursuant t0 Texas Rule 0f Civil Procedure 196, Defendant isdirected t0 provide written responses t0 the following
Request for Production and t0 produce the documentation requested therein t0 Plaintiff through itsattorney 0f record Within
50 days after the date 0f service.

1. Please produce all documents in your possession relating t0 the Account, including credit applications, signed
contracts, and/or any terms, conditions, account holder agreements or any amendments t0 same.

Please produce allcommunications made between you and Plaintiff and/or The Original Creditor within the four
years immediately preceding the date this lawsuit was ﬁled. Please include in your response a copy of any request
for veriﬁcation 0r validation 0f the Account.

Please produce copies of any written notices sent by Defendant t0 Plaintiff and/or The Original Creditor obj ecting
to 0r disputing the Account.

If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due
payments, offsets, credits and/or deductions in favor 0f Defendant have not been applied t0 the Account, please
produce alldocuments in support 0f such contention.

If you contend that Defendant did not owe a balance 0n the Account t0 The Original Creditor at the time the Account
was closed, please produce all document in support 0f such contention.

Ifyou contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result ofidentity theft
and/or fraud, please produce all documents in support of this contention.

If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the
Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act 0r any other Federal
0r State statute, including the Texas Rules 0f Civil Procedure and 0r the Texas Civil Practice and Remedies Code,
in connection With the Account, please produce all documents in support 0f your contention.

If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false 0r deceptive
actions With respect t0 the Account, please produce all documents in support 0f your contention.

Ifyou contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect t0 the
Account, please produce all documents in support 0f your contention.

10. Ifyou have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce alldocuments upon
which you base such claims.

11. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce alldocuments reviewed and/or
relied upon at the time you ﬁled the counterclaims. If an investigation was performed by Defendant’s counsel prior
t0 ﬁling the counterclaim, please provide all documents that were reviewed as part of the investigation that are not
subj ect t0 privilege.

12. Ifyou contend that Plaintiff” s claims in this lawsuit are barred by the applicable statute oflimitations, please produce
all documents in support 0f your contention, including any documents showing when you contend the last payment
was made 0n the Account or When the last purchase/charge was incurred on the Account.

13. If you have asserted any afﬁrmative defenses in response t0 this lawsuit, please produce all documents in support of
each afﬁrmative defense asserted.

14. If you contend that Plaintiff is not the current holder 0f the Account or does not have standing t0 bring this lawsuit,

please produce alldocuments in support ofyour contention, including speciﬁcally, any demands 0r notices received
by you from any other party seeking t0 collect 0n the Account.

REQUEST FOR ADMISSIONS

Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions
by admitting or denying the truth ofthe following statements and serve such written responses on Plaintiffthrough its counsel
ofrecord Within 50 days after the date of service. In the event Defendant(s) fails torespond in writing to Plaintiff” sRequest
for Admissions Within 50 days after the date of service of this Request, Plaintiff s Request for Admissions shall be deemed
admitted Without the necessity 0f a court order as permitted under Texas Rule of Civil Procedure 198.2(0), and such Deemed
Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s).

Admit orDeny the following Requests:

1. As of the date Plaintiff s Petition was ﬁled Defendant owed Plaintiff $9,502.31 on the Account.

2. Defendant made use 0f the Account OR made payments on the Account within the four years immediately
preceding the date this lawsuit was ﬁled.

Defendant was provided with a copy of the applicable terms and conditions and/or the account holder agreement
for the Account.

Defendant did not obj ect to the applicable terms and conditions and/or account holder agreement for the Account
prior to making use of the Account.

Defendant knew he/she would be assessed interest, late-fees, over—limit fees and other fees and/or penalties in
exchange for the ability to use the Account.

Defendant was notiﬁed 0f all applicable interest rates, late—fees, over—limit fees and other fees and/or penalties
that were assessed on the Account.

During the lifeof the Account, Defendant regularly received monthly account statements for the Account in the
corresponding billing cycle.

Defendant was notiﬁed 0f all changes and/or amendments to the terms and conditions and/or account holder
agreement for the Account.

At the time Defendant's last payment was applied t0 the Account a balance remained owed on the Account.

10. A11 due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the
Account.

11. Plaintiff is the current owner 0f the Account.
PLAINTIFF'S FIRST SET OF INTERROGATORIES

1. Ifyou deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial.

2. Please state the factual basis for any afﬁrmative defenses you have asserted in this lawsuit.

3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not
requesting a detailed narrative. Plaintiff is requesting to know the actions 0r omissions allegedly committed by
Plaintiff that serve the basis 0f the counterclaim(s), When they were allegedly committed, and the name(s) 0f the
person who committed them.

4. If you have ﬁled a counterclaim(s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation
conducted t0 determine the validity 0f the such claims prior t0 ﬁling such c0unterclaim(s).

5. If you contend that you have received any demands for payment 0n the Account from any entity other than the
Plaintiff, the Original Creditor and/or their authorized attorneys 0r representatives within the 12 months preceding
the ﬁling 0fthis lawsuit, please identify such entity, the approximate date the demand was made, and how the demand
was made (ie -in writing Via mail, over the telephone, etc.). If you have not received any demands for payment from
any entity other than Plaintiff and/or its attorneys Within the 12 months preceding the ﬁling of this lawsuit, please
answer “NONE”.

STATE 0F TEXAS )ss.
)

COUNTY 0F DALLAS )ss.

VERIFICATION

By signing this document, Ihereby swear or afﬁrm, subj ect to the penalty of perj ury, that the answers and responses
included in the foregoing document are true and correct. My signature afﬁxed hereto also conﬁrms that I have personally
read each answer or response and personally afﬁrm them as my own.

SIRWAN IBRAHIM, Defendant

Before me, a notary public, 0n this day personally appeared the above named authorized person known to me to be
the person Whose name issubscribed above in connection With the foregoing document and, being by me ﬁrst duly sworn
declared that the statements therein contained are true and correct.

Sworn to and subscribed before me by Defendant, SIRWAN IBRAHIM, on

Notary Public in and for
The State 0f Texas
My commission expires:

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Complaint,Petition: PORTFOLIO RECOVERY ASSOCIATES, LLC vs. SIRWAN IBRAHIM

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