Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time.
*Note: I've left out specific info. If anyone needs more specific info I can message or email you.
1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Portfolio Recovery Associates, LLC
3. How much are you being sued for?
Less than $5,000 for principal balance, costs of suit and "any such other relief as the court may deem just and proper"
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
Not yet. Served with papers left at home while i was out and also got two letters from attorney services.
6. How were you served? (Mail, In person, Notice on door)
Papers were dropped off on the floor.
7. Was the service legal as required by your state?
I don't know. I'm not sure to be honest. Since the papers were just on the floor.
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?
No contact what so ever with PRA before or after summons.
9. What state and county do you live in?
Los Angeles, California
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I believe in mid 2015. Never made a payment with the collection account with PRA.
11. What is the SOL on the debt? To find out:
Statute of Limitations on Debts
Well in California it says the most is 4 years.
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).
As if today: Unknown disposition.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
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.
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?
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance"
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 two billing statements of the original account with Synchrony Bank.