Please help me I am being sued for the below amount and I know to deny most if not all of the statements but they included in here that I admitted to an account with that amount and all I did was ask them for verification of the information. They wanted to set up a payment plan of some astronomical amount and i refused to give information over the phone. Please help with an answer and any affirmative defensese.
I was reading it would be best to just state that the defendant reserves the right to give affirmative defenses later. So the burden of proof remains on PRA.
Yes. Please answer the following questions for us to be able to effectively help you:
It would help if you would start your own thread and answer the following questions when you do:
1. Who is the named plaintiff in the suit? PRA
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Carrie A. Brown; Thomas M. Murtha; Sheena Daneshyar
3. How much are you being sued for? 3,735.33 and court cost
4. Who is the original creditor? (if not the Plaintiff) CITIBANK, N.A./SEARS, ACCOUNT NUMBER **************20
5. How do you know you are being sued? (You were served, right?) Registered Mail
6. How were you served? (Mail, In person, Notice on door) Mail
7. Was the service legal as required by your state? Yes
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? Via telephone. Each time I asked them to mail information on the alleged debt and told them they were not getting any information over telephone.
9. What state and county do you live in? NJ Camden County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I am not sure. Any payments made were to the original creditor maybe in 2013
11. What is the SOL on the debt? To find out: In NJ 6 years but if agreement was from Delaware 3 years
Statute of Limitations on Debts
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). THE Suit was served
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No
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
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? 01/03/2017
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was sent with complaint
NOW COMES Portfolio Recovery Associates, LLC, by and through their attorneys, by way of complaint against the defendant hereby states:
1. The plaintiff is registered and licensed to do business in New Jersey and the defendant is a resident of CAMDEN county and who social security number ends in ***-**-*123 is subject to this court's jurisdiction.
2. The Defendant entered into an agreement for a credit account with CITIBANK, N.A./SEARS, account number ************1234.
3. The plaintiff is the purchaser and current owner of the Defendant's account with CITIBANK, N.A./ SEARS said account and all rights as owner of the account having been assigned to Plaintiff.
4. The above referenced account was assigned by CITIBANK, N.A. to Portfolio Recovery Associates, LLC on January 29, 2016.
5. The original creditor sent account statements to defendant showing balance due on the account.
6. The defendant agreed to an account stated balance due of $3,735.33.
7. Th amount currently due an owing on the account stated is $3,735.33.
8. The Plaintiff has made demand upon the defendant for payment of the amount due and Defendant has refused to pay said amount
Wherefore the Portofolio Recovery Associates, LLC demands judgement against the Defendant(s) ___________________ in the sum of $3,735.33
s/ Thomas Murtha Esquire
Thomas Murtha Esquire
Attorney for Plaintiff
Portfolio Recovery Associates, LLC