Lawsuit

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    pennsylvania
  1. I answered the complaint from PRA on 6/7/19 and 6/24/19 PRA mailed me a letter trying to settle the debt for a lower amount. If not, they will move forward with the pending law suit. I was just wondering if anyone in PA knows if you can start requesting discovery (Interrogatory, Production and Admissions) right away or does it need to be granted by the court or judge first in order to start this process. HELP!
  2. I'm not fully sure what the steps are in preparing/submitting for this law suit. What are the chances of me going to court defending myself and winning or should i just try settling it PRA attorney for a lower amount prior to any trial or hearing (nothing yet is scheduled). The only thing i did was answered to the complaint so they won't get judgment against me. I was thinking of requesting a discovery for production of documents before they do. If so, is there any recommendation for samples or templates out there that i can use (PA Samples/Templates).
  3. Thanks for responding nobk4me! Below are the answer to the questions. 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.) Attorneys representing for Portfolio Recovery Associates, LLC Gregory J. Babcock 3. How much are you being sued for? A little bit over 10g 4. Who is the original creditor? (if not the Plaintiff) Orig. creditor is Capital One 5. How do you know you are being sued? (You were served, right?) It was served to an adult at my house 6. How were you served? (Mail, In person, Notice on door) In person 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? No communication at all with PRA prior and till being sued with the complaint. 9. What state and county do you live in? PA, Lebanon 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 cannot fully remember but i know for sure it is withing the statute of limitation. 11. When did you open the account (looking to establish what card agreement may be applicable)? Around 6/2012 12. What is the SOL on the debt? To find out: 6 years for PA Statute of Limitations on Debts 13. 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). I tried looking up my case online but could not find it. As of now. I called the court clerk and they said complaint is file. I responded with the answers to the complaint and also send certified copies to PRA attorney. I'm not sure if i should follow up with a discovery to produce documents or not. Not sure what the rules are in PA. Do I need a Judge to grant permission first or can i file anytime? 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. Account was charged off by original creditor and transfer or bought by PRA 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No I have not 16. 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? 20 days to respond. Answers was sent within the time frame. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale, 1 page of account statement with balance owed, terms of contract/agreement (No signature or original contract, Verification Form (Custodian of Records for Portfolio Recovery) Ricky L. Vaughan 18. How did you find out about this site? google search on lawsuit 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ====================================================
  4. I am being sued by PRA in PA and just filed an answer to the complaint with the court. Just wondering what i should do as next step in the the process. Should or Can i start a discovery asking the Plaintiff for Product of documents right away or does this need to be granted first by the court? Thanks so much for any suggestions or recommendation.