I'm being sued by Portfolio Recovery Associates for almost 2,000. Original credit card was opened in Texas, I now live in Washington state, SOL for Texas is 4 years and PFA is within the SOL...also In addition, they do have a very strong case. This is the timeline..
In September 2016, I received a notice of appearance from PFA. I did file my answers in October 2016, filed a copy with the court and sent the copy to the lawyer listed on the document. Due to my lack of experience, in one of my answers I do admit to owing the debt to Synchrony Bank. (My assumption is that is all they need in court to win the case).
In August 2018, I received a msj, which states that relief is demanded due to no genuine issue of material fact. It goes on to state that if a summary judgement is not granted in the Plaintiff's favor that the court, by examining the pleadings and evidence before it, and by interrogating counsel, ascertain what materials facts are actually in good faith controverted and there upon make an order specifying that facts that appear without substantial controversy and direct such further proceedings in the actions are just.
The next page states that facts, basically states I made no objections to the charges and balances on my Synchrony bank statements, which is true.
It then states that my account was sold to PFA and I now owe them..
The evidence they relying upon is my admittance, declaration of custodian records, monthly statement of account, and bills of sale.
Next page goes on to state a breach of contract
next page cites that while Washington courts have previously required more than monthly statements to establish credit card acceptance, that my case in paticular does not meet this standard and they cite the Stratman case to establish precedence. They also list another case Sunnyside Valley, where due to not disputing the debt for over 3 years that they now can legally acquiesced to the accuracy of the debt of the stated balance and I'm now barred from now arguing that the balance is somehow invalid.
Next page is Attorney fees
Next page after is the Declaration of Custodian of Records from a PFA employee.
Next page is Exhibit A-which shows my last statement of last date of payment, after that is the statement a few months later with late fees, etc which balooned the payment up by almost 600 dollars.
Next page is Exhibit B-Bill of Sale but my name and account number is not listed anywhere at all on this document.
Next document is just document for the judge to sign to award the plaintiff, (I'm guessing this is for the 98 percent of people who don't show up)
So this is my question; it looks like they have a very winnable case. I'm filing my response in the next few days. I will most likely settle, but I don't want to just ignore and they automatically get a default judgement, most important thing to me is not having my wages garnished and not have a judgement on my credit report. I considered calling them to settle, but I don't trust them. I feel like we will make an agreement on a settle amount, which will lull me into a false sense of security, which means I don't respond to the MSJ and they decide to get the default judgement anyway.
so a couple of questions, first of all, what paperwork do I need to file when responding to the MSJ?
and even though PFA seems to have done everything by the book in my case I'm considering a counter suit, I just have to find one or 2 violations, if I'm able to find those,what are the steps for a counter suit?
I've already reached out to a local lawyer and they said it isn't worth hiring a lawyer over as the lawyers fees would be as much as the debt.
Please get back to me as soon as possible, will be filing the msj response in just a couple of days..thanks
One last thing per SOL if following the 4 year rule, do they go by the transaction date, for example lets say transaction date was August 13th,2014 but posted date for payment was August 20th,2014,which date does SOL fall under? In addition does the sol the last payment date to when the Plaintiff filed the notice of appearance which in my case was October 2016, or does it go by when they filed the MSJ which was this month or does it go by the court date which is in a couple of months?