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Found 437 results

  1. Hello Everyone! I have a trial with Portfolio Recovery Associates coming up next week and would appreciate some input on what to expect. So far here is what has happened. 1 Attended first court date. Most of the same things that I have been reading happened. Attorney shows up with around 30 cases with around 20+ default judgments. A couple showed up with attorneys and I have no idea what happened. A few others, including me, were asked to talk outside with the JDB attorney. They came back before the judge and plaintiff received the judgement/settlement. I was the only one that objected. The judge set the next date and the JDB attorney was "nice enough" to tell me that I didn't even have to show up! 2. The next court date I show up expecting a trial. I had already filed a sworn denial and sent a subpoena to the custodian of records. Same story over for everyone else involved. When it came my time I had made two mistakes. The judge said I had to mail, not fax the sworn denial to opposing counsel and I didn't give the witness reasonable warning to appear. So the judge asked that I talk with the attorney again. He had already cut the amount in half and I again admitted to nothing. 3. I discover this web site! Thank you all! Then I get some free advice from a local attorney. He made sure I had everything in line this time. I sent another subpoena and gave the opposing counsel all information required. The attorney helping me told me to go ahead and try the case without him. He said at this level anything can happen and most of the outcome depends on the judge. He said I could hire him if I need help with an appeal or if I had any FDCPA Violations. 4. Waiting very impatiently on my "real" trial date next week. I am judgement proof and my wages can't be garnished. I am mainly trying to keep a judgement from appearing on my credit report. Any help will definitely be appreciated! Answers to questions on next post.
  2. OK it is time to send in the clowns, Portfolio did what I figured even they would not be so stupid to do. They have sued me for a second time over the same alleged debt without having ever even pursuing the prior suit (which is still on file) after I anwsered it and sent them off discovery. To be clear, they have two active suits against me over the same alleged debt. Actually to be serious I recall asking on here a few months back about whether or not this would be a violation of the law to do this and I seem to remember being told it was so I would appreciate any insight into whether or not this is a violation of the law. I am in KY. At the time I was kind of blue skying, but I had a feeling they were so stupid and disorganized that they wouldn't even check to see about the prior suit being on file. Here is some background. I actually found out about the first suit when I was researching the other suit filed against me at the end of last year by another JDB (that one has sat dormant for over 6 months now, this was for a separate alleged CC debt which I was actually served). Portfolio had filed a suit against me in Feb 2010 but because they failed to execute service (they tried to serve me at an address I hadn't lived at for 10 years) the suit just sat there. I went ahead and anwsered the suit even though I really didn't need to. I then sent them off discovery requests. Never heard a thing back from them in writing. Curious thing happened though. The phone calls from them, which had subsided from them over a period of about a year, started again about 1 month after I anwsered the suit. I didn't anwser them as usual, although it was VERY tempting, I wanted to see if they would actually threaten to sue me and show themselves to be utterly clueless (they already have a suit against me, now two). So I was doing my weekly check of the online court site today, something I do just to make sure the two idiots suing me don't try to sneak something by without me knowing, and there it is, the idiots at Portfolio have sued me again without even responding to my anwser to the other suit that is still on file. I am going to call tommorow and find out any details I can and I am expecting to be served with it soon, unless the morons try to serve at my prior address, circa 10 years ago, again. I have recieved nothing in the mail from them so I can't assume they know my address. Actually I listed my present address in my anwser to the prior suit, but we all know they wouldn't have that information, or, yeah they didn't check their own suits on file or they wouldn't have filed this one. I guess I will be going through the whole process again unless a grave offense of the law has been committed by them. It doesn't seem right that they should be able to do this, even if it was because they are so hopelessly braindead in conducting their filthy business. For those who might give some advice and insight, the first suit was filed against me under "Porfolio Recovery Association LLC" and this one is filed under "Portfolio Recovery Associates LLC". Not sure if that is relevant. Any insight??? As always very appreciated.
  3. In August, 2012 I requested discovery, interrogatories, admissions from Portfolio Recovery they have not responded. A few days ago I received, by regular mail, no signature required, a REQUEST FOR ARBITRATION from Portfolio that was filed at the Court of Common Pleas, Fayette County, Pennsylvania. It is stamped November 30, 2012 from the county's prothonotary's office. The document states : Kindly refer this matter to the board of arbitators for a hearing. The amount in controversy is $3272.25 or less and the case is at issue for arbitration. The case is to be tried by and noties sent to the following attorneys: (to which they list 3 attorneys for Portfolio). The bottom of the form states estimated time for hearing 45 minutes and the date of 11/29/12. Not sure how to proceed since Portfolio has not sent me and information I requested in the disovery, interrogatories or admissions. I responded in a timely manner to the request Portfolio sent me asking for disovery, etc. yet they won't respond or send me what I requested. Any advice you can share will be greatly appreciated. Thank you.
  4. Portfolio Recovery Associates is suing me for a credit card debt. I received by UPS the Plaintiff's first request for admissions, interrogatories, and request for production of documents. Why are they requesting documents that they should already have. I live in Pennsylvania didn't understand the civil procedures law. I can't afford an attorney and can not get help through the legal aid society as I don't qualify. Request 1: Produce any and all documents evidencing proof of all payments on the subject credit card reference in the complaint, including but not limited to cancelled checks, receipts, coupons, statements, accounting,memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations, etc. Would my response be: Plaintiff should already have these documents in their possession? I don't have any of the stuff they are requesting. Request 2: Produce any and all documents you intend and/or provide testimony on as evidence at the time of the trial. ? Wouldn't they already have the documents. Would I tell them I don't have testimony but reserve the right to provide at later date? Admission 1: Defendent applied for credit card reference in complaint? Admission 2: Defendent failed to make all required payments on the credit card? Admission 3: The attached monthly statement correctly identified the balance on the account? (They sent a copy of 7 statements, as well as a credit card member's agreement which is very hard to read, a bill of sale, an affidavit of sale of individual account). Admission 4: Defendent has not submitted any written dispute as to the billing inaccuracy concerning the caredit card in question during the time the account was opened on June 18, 2006 until the last payment date of November 15, 2009. (If denied they want me to supply copies of specific written disputes as to any billing inaccuracies. I don't have this because I never disputed anything) Admission 5: $2042.36 is the correct and accurate balance of the credit card account in question at the time the account was charged off? (If denied they want specific written documetns supporting the denial and full explanation what I believe the correct amount to be) Admission 6: Admit that you agreed to pay Plaintiff's predecessor all amounts due resulting from theuse of your credit card account, including any finance charges and other charges due under the terms of the agreement? (again they want written documentation if response is denied). Admission 7: Please admit that for eachmonthyou had a blance on your credit card account you were sent by mail or otherwise a bill, statement of account, invoice, or other erquest for payment showing all transactions billed to your account during the billing period. (again if denied, they want written documentation to be sent). Interrogatories 1. Identify person answering interrogatories 2. Identify each and every person that assisted in responding to interrogatories. 3. Separately for each of your answers to request for admission 1-9 where answer is anything other than an unqualified admit (a) state each fact known to you upon which you rely to support your denial or qualified answer ( if your response is that you do nothave sufficient information or knowledge to admit or deny then describe each effort you have made to acquire the information you feel would be necessary to admit or deny request © indentify each documetn known to you which you believe contains information relevant to your answer (d) indentify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each withness state the information you believe is known to them with respect to your answer 4. If you filed affirmative defenses to plaintiff's complaint separately for each defence (a) state the factual basis that supports your defense ( indentify each document known to you which you believe contains information relevant to your defense © identify each withness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness and state information you believe is known to them with respect to your defense 5. Have you ever requested plaintiff predecessor to open a credit card account in your name and state credit card account number? 6. Are you aware of the credit card accounts with plaintiff's predecessor opened in your name and state credit card account number? (accounts in plural in this sentence, but singular in others) 7. Have you ever made a purchase or obtained a case advance by using a card, account numer and/or account access check issued by plaintiff's predecessor? State credit card account number (s) and the date (s) of the purchases or cash advances. 8. Has plaintiff's predecessor ever sent you by mail or otherwise any bills, statements of accounts, invoices or other requests for payments? Identify each document and state whether you objected to it. If you objected identify each objection and whether it was verbal or written. 9. Have you ever objected in writing or otherwise to any bills, statements of account or invoices you were sent? 10. If you keep records or purchases or payments with respoect to your credit card account with plaintiff's predecessor do these records show a blance owing on the account and what is the balance? 11. Is there any portion of the plaintiff's claim that you admit you owe? If so state the amount they you admit you owe to plaintiff and any facts that support your claim that you do not owe the rest of the plaintiff's claim. 12. If you claim that the acocunt on which plaintiff is suing is inacurrate, specify each inaccuracy and any facts that support your conclusion. I've been doing some research on how to respond when I found this site. Any help you can give would be greatly appreciated. I have to respond within 30 days and only have a few days left. Thank you in advance for your assistance.
  5. Hello! I'm a newbie here and grateful of finding this forum. I'm copying and pasting from another post similar to my case and changing the items specific to my case: 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $6,000 4. Who is the original creditor? (if not the Plaintiff) US BANK 5. How do you know you are being sued? (You were served, right?) Yes, served. 6. How were you served? (Mail, In person, Notice on door) Served in person at home. 7. Was the service legal as required by your state? I believe so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? California, Alameda County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? To find out: 4 years being in California 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). I will post when the case is available online. 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? 30 days. States indebted to Plaintiff’s predecessor. There was no questionnaire attached. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I do not see an evidence page, affidavit, statement, or contract. Here is all listed in order. Page 1. Summons Pages 2-3. Complaint Page 4. Cause of Action Page 5. Statement of Location/Venue Page 6. Certificate of Assignment Page 7-8. Civil Case Cover sheet Page 9- Certificate of Service Questions: 1. Based on my readings, I should file for a general denial answer to the court and send a copy to Hunt & Henriques. When I look a the CA form for general denial, it states it could only be used for $1000 or less. However, I've seen other postings where this form was used above $1000. Please confirm if I can use this form since the claim is $5000. 2. Should I file for a Bill of Particulars right after my general denial or wait? 3. If this goes to trial, do I have time prior to trial to obtain an attorney or should I start seeking for one at this begining stage. Thank you everyone for all your help.
  6. Hi all, I have a credit card which was issued from GE Capital. It's a private label type card say something like a carpet store would issue. Anyway, I received a letter from Portfolio Recovery Assoc PO Box 12903 Norfolk, VA and the letter reads at the top in BOLD: Notification of Intention to Incur Court Cost by Filing Suit. Is the a violation? I hope it is, I really do. And what should be my next step? DV?
  7. I'm in Utah and have been sued by Portfolio Recovery Associates, LLC and the Attorney for them is Mark Johnson,LLC. They are very aggressive. I sent a letter to validate the debt and they sent me a letter back that had my name, address, last four SSN, and an amount as a validation and then went ahead to sue me. I answered the complaint and have a counterclaim w/ them for $1000 FDCPA violations. They answered with an Opposition of Motion to Dismiss--I answered that with a reply to that Motion. They sent me Interrogatories and Discovery. I sent them a Sworn Denial, and my set of First Discovery for Plaintiff to answer. Now they have asked for a Pre Trial Conference and one was granted for Aug.22, 2011 before a judge. What should I expect at the pre trial and what usually happens next? I'm nervous as I have never been in court before. So far Johson Mark,LLc has not shown me any evidence of loan assignment for Portfolio Recovery Associates. I need to know what to do at this Pre Trial--I've put alot of effort into this lawsuit and like I said they are very aggressive. Thanks for any help!!!
  8. I at one time on my CR's had two tradelines reporting the same account number. One was a HSBC credit card and the other was Portfolio Recovery CA. Both had the same account number but different dates. Portfolio was also reporting the account under a factoring company. I tried to dispute with the CR that they were reporting on the same account number and the they were reporting it as a factoring company which I read is a way to make the account look new even if it is not. After the CA Portfolio as verified I decided to take a chance and report them to BBB. I received a letter from Portfolio stating that would delete their tradeline and they did. Well now I have given it sometime to try and dispute the HSBC card. I tried it the CR, OC and now with the BBB trying to have the same result as Portfolio- which I have had with other tradelines. Well, HSBC would not comment on BBB other than they have sent me a letter to the house. The letter has now arrived and they are going to try and request for Portfolio to repurchase the acccount from them. They have already charged off the amount. Can they do this? Being that I have a letter from Portfolio to remove it from my CR's, can they then take the account back over again and put it on my CR as a new tradeline?
  9. I have tried to take in as much information as I can from the other posts on this site, but I might have missed a few references. From my research I believe this is small claims since it is less than 6500 (the mark for CO) Although I am not certain which debt this is regarding (planning on general denial with general defenses while reserving the right to add more later. The funancing program is unique, which for some reason opens up a cc account in lieu of a vehicle loan for motorcycles. The motorcycle was voluntarily repossessed with 'verbal' agreement that the vehicle would likely cover all remaining expenses, but the debt being sued for is more than the original amount of the loan, so my best guess is that the amount does not include the sale of the vehicle currently valued at $2400. I am hesitant to mention any of this initially due to the fact that it assumes ownership and might screw me over, but is an item I want to have if needed later in the case, is this the right thought process? Does anyone know if CO has any restrictions on a discovery phase? My court date is Tuesday, I have also seen reports that you should wait until the last minute to file your answer, the summons ppwk states that: If you do not agree with the complaint, then you must either: a. go to the court located at ... at the date and time above (sept 11) file an answer b. file the answer with the court before that date and time. Should I file my answer Monday in lieu of a court appearance on Tuesday? Both? just go to court? Should I file my discovery with my answer? Is a sworn statement beneficial? The process falls under the Colorado simplified civil procedure, but I am unable to locate valuable information to this style of case, has anyone else come across this? Lots of questions I know, any help is very much appreciated. Below is some highlights on my case. 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? Machol & Johannes LLC 3. How much are you being sued for? ~$3500 4. Who is the original creditor? GE Money Bank FSB /Funancing 5. How do you know you are being sued? Served 6. How were you served? In Person 7. Was the service legal as required by your state? To the best of my knowledge, yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Served in Broomfield County, CO, I have since moved to a neighboring county Boulder County. 10. When is the last time you paid on this account? 2010 11. What is the SOL on the debt? 6 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). Summons only so far, court date on summons is Sept 11 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? n or before the date and time to appear in court or Sept 11 We need to know what the "charges" are. Please post what they are claiming. 1. Venue is proper as the defendant resides within this county at .... Please note 3 days after I was served I moved to a new County, see above. Do I just need to deny this and provide change of address form? 2 The amounts the Plaintiff claims from the Defendant are ~$3500 which represent the liquidated balance of the defendants cc account owned by plaintiff, plus interest of ~$400 and Court costs, along with continuing interest at the rate of 8% per annum. 3 The plaintiffs claim arises from the Defendants failure to pay the liquidated balance due on the cc with the account number xxxxxx, originally issued by GE Money Bank as required by the cardholder agreement. The plaintiff claims the right to recover the defendant under one or more of the following legal theories: Express contract, implied contract, quantum meruit, liquidated debt arising out of a contract, account stated, unjust enrichment, agreed interest or statutory interest. 4 The defendant os not a minor, an incompetent, or in the military service, but is engaged in civilian pursuits. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None, just a contact and web payment general info page. Thanks so much again for any assistance.
  10. I have a default judgement against me won by Midland in 2011, and I am preparing to vacate it for a long time now. I felt that I was not ready yet for a court battle, and thank god that it took me that long, because I just found out about "Portfolio Recovery Associates, LLC vs King", that might help me shrink this debt's SOL from New York's 6 years to Delaware's 3 years. Using Delaware SOL, my debt SOL runs out this months. Now, when I vacate the default judgement based on a sewer service, should I include that in my answer right away, or try to spring it on Midland later on and move to dismiss the case? I've read somewhere on this forum that when he tried to mention " Portfolio Recovery Associates, LLC v King", NY judge did not care for it!
  11. I am working on a case with Portfolio Recovery Assoc, represented by Johnson Mark LLC. I have submitted an answer that denied all of their complaint, received a request for docs and admissions, to which I replied that I objected to their request for admitting that I had a contract with the OC based on the fact they have not supplied the contract, and also objected to their request for documentation asking for the last 6 years of banking info as it was overly broad and burdensome. They replied with a letter stating that the objection to the rfa was not correct as it did not have to do with the genuineness of the document and that they insisted on the bank statements, giving me a week to reply. I did reply on the final day of their ultimatum date the 16th. I replied by fax and have the fax confirmation that it was successful and also called their office to ensure they received it. In my reply I changed my response to the rfa of the contract to denied in that their request was overly broad and not limited by time or scope of the case. And supplimented to the RFD that not withholding my prior objection, that after an exhaustive effort to find the documents they do not exist as I do not keep any financial records past the point of reconciliation which is typically 90 days, my current bank does not supply information prior to 90 days and all other accounts used in the past 6 years have been closed and no records exist. So, now here I sit with this motion to compel which doesn't include my reply that was faxed to them after their confer letter. What would you suggest to do? File some sort of objection to the motion that includes my copy of the reply (including the fax confirmation)? Thanks for all your help! This site has been very helpful in all this so far.
  12. THANK YOU!! My girl friend is being sued by PRA (Portfolio Recovery Associates), Now. At Christmas season. Debt Collectors are evil people.(Just my opinion). I'm new to the civil world, I have done California Criminal and Traffic cases, In Pro Per. For myself and others. Thanks to this web site and others, I have drafted so far. 1. ANSWER TO COMPLAINT 2. MOTION TO PROCEED IN FORMA PAUPERIS 3. AFFIDAVIT OF POVERTY 4. DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT________TO PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES, LLC I plan to send a "Debt Collection Dispute Letter", Monday 12/03/12. To get things started. And then file the BOP. Not sure if I should file and send it the same day or not. (Advice requested). The filings need to be answered before 12/11/12. I planned on doing this on 12/06/12. After the BOP. I know time is short. I know the complaint needs to be filed to stay judgement. My plan is to buy time to do more research. And allow any attorneys hired to do a Bankruptcy. Her debt is my responsibility morally. And I'm trying to fix it as best I can. But, I'm in a field I have no experience in. The case is in Placer county California. I believe I need to prepare discovery, but do not know how to and I can't find any pleadings posted on discovery in here. Driving me crazy looking for them. A link would be helpful. Thank you all for your posts and I pray you all are successful in finding a remedy to your situations.
  13. Hi everyone, I am new here. I have been reading up on many of the topics but haven't had time to post until now--and any help that can be found will certainly be appreciated. I currently have two active lawsuits filed against me with a soon to be third (MCM). As of now I have one suit filed against me by Portfolio Recovery Associates and another by J.P. Morgan Chase Bank/Chase Home Finance, LLC.; in both of these I am fighting this as a pro se litigant due to the fact that I am unemployed and have been for almost five years now. The case with PRA seems to be moving along okay but I may still need help. I am answering their Interrogatories, Admissions and request for Documents but I am not sure what to ask them back in addition to what they have asked me. PRA aside, what I really need help with is the other suit from Chase Home Finance. The Plaintiff's lawyer filed a motion for summary judgment and an affidavit but I just now found this out (via the online records)--it's been fifteen days since they filed them, and I never received a copy of either the motion or the affidavit. I have a few questions. 1. Is this legal for them to file them and not serve me with a copy of any kind? 2. How long do these motions stay in the system before a judge grants the motion? 3. Is there any way I can get a court order to protect my assets (checking account/personal belongings) from being seized? I know that most of what I have will be exempt except for my television and computer, the TV was a gift and I'd rather not part with it for personal reasons because the person who gifted it to me means more to me than the value of the item. Also I am writing a novel and intend to use crowd-funding to fund the publishing of it using indiegogo.com, and that site uses your checking account for receiving the funds. Which is why I'd like to protect my checking if at all possible. I'd hate to have someone else's money be taken away by a greedy bank--a bank that knows I am out of work hence why I can't pay them. The house is in pre-foreclosure now, and originally they asked for me to sale it on my own (short sale) but I am unemployed and cannot afford to have electricity or water turned on, let alone maintaining the lawn and such. Then there is the matter of them re-assessing the value at below 50% of its original sale price. No one will want to pay over $60,000 for a home that is now valued at $20,000 (or less by now). My loan was an FHA loan, I was told by many that if I had an FHA loan that they would have to by law allow a Deed In Lieu of Debt, however the bank says otherwise. So now either the motion for summary judgment went through and was granted, or I still have time. The court itself has not been helpful because the clerks won't give me information and the judge never seems to be available. I refuse to speak to their lawyer out of the sheer fact that I despise them. If any of you are able to help, I really would appreciate it a lot. Thank you ahead of time.
  14. I am brand new with this and just don't know what to do. I am really freaked out about all of this. I was just served yesterday from Portfolio Recovery. I owe the money and would like to settle, but I don't know what my first step even is to accomplish this. I've received advertising solicitations from 3 different lawyers, but do I really need a lawyer?
  15. I request for documents from them , they answer my request use " Objection, Plaintiff objects to the interrogatory in that it is vague, ambiguous and overly broad.Plaintiff further objects to this Interrogatory because it would cause unreasonable annoyance, oppression, burden and expense and seeks information not relevant to this suit. Without waiving said objection, by way of further response, In Stucka, The Pennsylvania Superior Court concluded the the lower court had orred in requiring the Plaintiff, that extended credit to Defendant through a credit card , to provide a copy of a signed credit card agreement. Discover Bank v. Stucka, 2011 WL 5517050 , 3 (pa. Super.) The Superior Court concluded that base on Pa.R.C.P.1019 and common law, the Bank, by providing a boiler plate credit card agreement had "set forth sufficient allegations to provide the Stucka's with notice of the Bank's claim. Stucka, at 4.The court added that "the allegations contained therein, if ultimately proven, would permit recovery."Id.At4(citing Hessv. Fox Rothschild, LLP, 925 A.2d 798, 805-06 (Pa. Super. 2007) (stating that, in ruling on preliminary objections, the court must determine whether the allegations of the complaint would permit recovery if ultimately proven00. Without waiving said objection, see the documents attached to Plaintiff's Complaint , Documents provided to Defenfant, and any documents that will be supplemented thereafter." can any one help..
  16. I just received this from the Norfolk BBB. I guess calling them out on shady tactics like backdated letters and frivilous payment dates & amounts worked. On November 12, 2012, the business provided the following information: Thank you for bringing this matter to the attention of our office. Portfolio Recovery Associates has investigated the consumer's dispute, closed the account ending in **** and requested that the credit reporting agencies delete our trade line for the account from their consumer reports. Brian Pearson Disputes Counsel Office of the General Counsel Portfolio Recovery Associates 140 Corporate Boulevard, Norfolk, VA 23502 What's the recommended steps from this point? Any actions for the CRA's repeatedly validating this frivilous debt?
  17. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? Rausch, Sturm, Israel, Enerson & Hornik 3. How much are you being sued for? $2782 4. Who is the original creditor? Capitol One 5. How do you know you are being sued? Served summons at home 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? NV, Clark 10. When is the last time you paid on this account? July 2009 (according to their complaint) 11. What is the SOL on the debt? 4 yrs. 12. What is the status of your case? Suit served? Motions filed? 10/30/2012 Answer 11/05/2012 Affidavit of Service 13. Have you disputed the debt with the credit bureaus ? No 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? Already FILED MY ANSWER with all of them " defendant doesn't have sufficient knowledge....bla bla bla" 16. What evidence did they send with the summons? Nothing with summons. Since they couldn't get a default judgement on me. They had to send me this "Early Case Conference Report" along with bank statements and an Affidavit of Account as evidence. Some statements have different address (NOT MINE) and Affidavit is written by a Portfolio Recover a$$. employee for SOMEONE ELSE. Wrong person, wrong account number, wrong amount. Isn't this hearsay even if it was for me ? Also what was interesting to me, was that the wording they used in affidavit of account. It says: ".wrong name........ is/are justly indebted to Portfolio Associates LLC. Assignee of Capitol Bank in the principal amount of ...wrong amount " But when I look at the Summons complaint #8 it says : "Plaintiff, for good and valuable consideration, was assigned the above mentioned claim." Well my English is not great but complaint is talking about getting paid and being assigned by Capitol One for their collection efforts. Affidavit is talking about me owing that money directly to PRA. I am confused. Did they buy the debt (Bill of Sale ) or were they assigned to collect the debt ? (no proof provided by the way) Anyways on their complaint,they were talking about things like - they are authorized to transact business in the state (No proof provided) - I applied for and was issued a credit card (No proof provided) - I defaulted on the card agreement ( No card agreement provided) - They made demand of payments but i have failed and/or refused to pay under the terms of the charge account agreement (No proof of ever contacting me and no proof of so called charge account agreement) I don't even know if charge account agreement and card agreement are the same thing. I am really frustrated with this whole thing, they are wasting my time and my money (parking courthouse $4 an hour, this fee that fee, taking time off from work). I really want to call them and tell them to stop this nonsense. I doubt they will listen. Please help me guys what do i need to do next to get this scumbags off of my back. Thank you
  18. Hello Everyone, I have recently received a summons and feel stuck as to what steps I should take. After reading a couple of the threads regarding this JDB I dont know if its best to settle or fight. Also, this is a summons for the state of NM where I havent been a resident for the past 2 years. I am a current resident in FL. The summons reads.... Portfolio Recovery Associates, LLC, Plaintiff Vs. xyz Defendant COMPLAINT ON AN OPEN ACCOUNT/BREACH OF CONTRACT portfolio recovery Associates, LLC ("Plaintiff"), as the purchaser and assignee of the obligation under suit, and any other assignee that may have or have had any interest in the obligation, states as follows: 1. The defendant is a resident of the County in which this suit is filed. This court has jurisdiction. 2. Defendant(s) are endebted to Plaintiff $1539.81 for goods and services purchased which includes contract interest on a breach of contract or in the alternative open end accounts or on a theory of accounts states. The defendant(s) has defaulted by failing to repay the Plaintiff, and that the Defendant(s) have been unjustly enriched. 3. This obligations arises out of an extension of credit obtained on an account with WELLS FARGO BANK, N.A. 4. The plaintiff took an assignment of the accounts in good faith, for value and the regular course of business. 5. Defendant defaulted under the terms of the obligation, despite demand for performance by the Plaintiff. 6. The balance due is $1539.81 7. If any defendant was or became married during the time extensions of credit were made on the accounts, Plaintiff alleges the debt on the account(s) to be both community and separate in nature. WHEREFORE, Judgement should be awarded PLaintiff against Defendat(s), both separetely ans as a community, if applicable, and each of time, for the amount stated above, on the principal, costs, interest, as may be established at the time of trial and such other relief as may be appropriate. My answer..... Allegation 1. Denied. Defendant is a current resident in the state of FL. Allegation2. Denied. Defendant has no privity of contract with the Plaintiff. Defendant demands strict proof thereof. Allegation 3. Denied. Plaintiff cannot prove the WELLS FARGO account charges belong to the defendant. Defendant demands strict proof thereof. Allegation 4. Denied. Defendant lacks information sufficient to form a belief as to the truth of this allegation. Defendant demands strict proof thereof. Allegation 5. Denied. Defendant has no privity of contract with Plaintiff. Defendant demands strict proof thereof. Allegation 6. Denied. Defendant has no privity of contract with Plaintiff. Defendant demands strict proof thereof. Allegation 7. Denied. Defendant lacks information sufficient to form a belief as tot he truth of this allegation. Defendant demands strict proof thereof. Affirmatie Defenses 1. there is no privity of contract between the Defendant and the Plaintiff. 2. Plaintiff's complaint fails to allege a valid assignment and there are no avements as to the nature of the purported assignment or evidence of valuable consideration. 3. Plaintiff failed to state a claim. WHEREFORE, the Defendant asks the Court for judgement: a. Dismissing the complaint herein with prejudice. Also, would adding: Plaintiff admits to purchasing the defaulted debt allegedly owed by the Defendant, causing Plaintiff injury to its own self, therefore Plaintiff is barred from seeking relief for damages. be relevant to this summons that was sent? Any help would be GREATLY appreciated.... Thank you so much in advance!!!!!!
  19. How prepared am I? And what other steps should I take? First off thank all of you that are contributing to this website, I've been reading a lot and learned a lot so far. I understand that I could throw this in another thread but didn't want to hijack someone else's thread and was hoping for a little help in my own personal case. As of right now I've sent my answer and BOP. They sent back about a years worth of statements and a meet and confer letter 2 days after receiving the statements. Based upon info I read from calawyer their response is "insufficient". They also gave me the same garbage about reserving the right to produce more as it becomes available. In their meet and confer letter they ask me to call "if I have a viable defense" and I plan on doing that on Monday. I will also mail a letter. As of right now the one item I will be focusing on when I call them is their inability to come up with one solid monetary number. The complaint has one amount. A settlement letter they sent me shortly after being served showed a different amount owed and the statement that they sent me come up with a much higher amount owed. My questions to this forum is am i doing everything ok so far and where do I go from here. Should I still try to ask for discovery or is it too late at this point and when should I try to send for admission? The culprits in this particular case is portfolio recovery associates, I live in San Diego where the case is taking place and the lawyers representing them are in San Jose if that matter. I apologize if I wrote this in a jumbled format but I'm getting ready for work and wanted to get ths out before i went in. If anyone needs more info from me I'd be more than happy to add when I get home later tonight. I thank you in advance for any help!!
  20. As the title says, they served me at my home, but not directly to me, my niece who lives with us, instead. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It appears to be four staff attorneys, not a law firm. Looked them all up and they show they work directly for PRA 3. How much are you being sued for? $5000+ 4. Who is the original creditor? (if not the Plaintiff) Chase Bank N.A./Heritage Bank One 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person (actually, to a family member) 7. Was the service legal as required by your state? As far as I can tell 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. I think I may have had a letter over a year ago, but nothing registered mail or direct phone call. 9. What state and county do you live in? Central California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3 or so years, so not outside SOL 11. What is the SOL on the debt? To find out: 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). Suit 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? We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days from yesterday. Line 8 The following cause of action are attached and the statements above apply to each Box checked for Common Counts Listed in line 9 OTHER ALLEGATIONS: BEFORE COMMENCEMENT OF THIS ACTION, PLAINTIFF INFORMED THE DEFENDANT(S) IN WRITTING IT INTENDED TO FILE THIS ACTION AND THAY THIS ACTION WOULD RESULT IN A JUDGEMENT AGAINST THE DEFFENDANT(S) THAT WOULD INCLUDE, IF APPLICABLE, COURT COSTS AND NECESSARY DISBURSEMENTS ALLOWED BY CCP SECTION 1033((2) I NEVER received a notice they were filing. Line 10 Plaintiff prays for a Damages of $5000+ b (2)10% from early 2011 d Other NOTICE TO THE DEFFENDANT(s): ALL NOTICES, LETTERS, PAYMENTS AND OTHER PAPERS ARE TO BE MAILED TO PLAINTIFF'S ATTORNEY AT THE ADDRESS LISTED IN THE CASE CAPTION UNLESS SUCH TIME, IF ANY, THAT YOU RECEIVE FORMAL WRITTEN NOTICE OF A CHANGE OR SUBSITUTION OF ATTORNEY BY THE PLAINTIFF 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 and/or listed nothing. All it shows in the CAUSE OF ACTIOn is that the original credit was purchased from Chase Bank NA I have poured through the pages here and understand I need to reply to the complaint, but I'm just so despondent on how to go from here. Any help is greatly appreciated!
  21. I have an account SOL and my wife has one within the SOL with Portfolio Recovery Assoc.. If I send Portfolio Recovery a C&D, can they still claim to be calling my wife at our work number? We both work at the same place. thanks
  22. Help! I am being sued by Portfolio Recovery Associates in CA. They bought my debt from HSBC bank. They served me with papers in January of this year. I filed an answer at the Superior Court office on form PLD-C-010. In my answer I stated that I never received any document stating that Portfolio Recovery associates were going to sue me (because one of their defenses on the summons was that they sent me multiple papers warning me that if I do not respond that they were going to take legal action.) I also said that I never was in a contract with Portfolio Recovery services, I don't know who they are and to prove that I owe them money. Finally I stated that I have no job and have been on unemployment and that got laid off my job and just barely get by. Since then I have read some forums saying there is something called a general denial response. (Should have I filed that?) I am not sure if what I filed was correct. I got some papers in the mail today saying I have a court date on Oct. 16 at 9am. They sent copies of exhibit A, B and C which they say they are going to use as their defense. Exhibit A is a copy of a credit card agreement, nowhere on the copy they sent does it say HSBC bank or have my signature. Exhibit B is a copy of a statement of a bill from HSBC to me from like 3 years ago just showing what I owe for that month. And Exhibit C is a copy of a paper from Portfolio Recovery Services showing that they bought the debt from HSBC and a copy of a paper they say they sent me last year stating if I don't reply that they are going to take legal action. My questions are: Since I did not respond with a general denial should I still deny the debt as my defense? I don't see how I can do this when they have statements that are to my name and address. Should i admit the debt and just explain to the judge that I got laid off my job and I barely get by and that if it weren't for family members I would pretty much be homeless? What other defenses can I use? Is there a way to get out of this? Any help would be appreciated. Thank You.
  23. My goal is for Plaintiff (Junk Debt Buyer) to show a document that I owe them. What is the best approach to get this accomplished during trial? Facts: -Portfolio Recovery Associates, LLC, Counsel Hunt & Henriques. -Served Demand for Bill of Particulars, specifically asked among other things string of assignments---to prove they own the debt. Received only Credit card statements with account not matching that of their collection letters. No Account number was specified in the Complaint. - Also served the Answer with Affirmative Defenses. I was thinking the Bill of Particulars is too general thus my remedy would be that of CCP454 ---the judge to order leave? Else, on the Affirmative Defenses as my recourse --- will ask them to show documentary evidence 1) their collection letters (showing the questionable account number) 2) the credit card statements with different account number. OR, does my case merit a Motion for Summary Judgment since their Complaint did not have the Account number, nor exhibits? ANY EXPERIENCE, ADVICE, on my case is mostly appreciated. SECOND lawsuit - same JDB and Counsel --same Complaint no account number referenced. If my goal is to file a motion for Summary Judgement - what would be the best approach to this goal? Comments otherwise is definitely welcome. BTW - have records of Plaintiff violating collection rules. Thank you
  24. Had a credit card charged off by BoA in November 2008. Balance at the last statement was $42,XXX. Charge off amount on the credit report indicates $42,XXX ; "Last Late Date 10/2008". Now the lovely Cavalry Portfolio Services has the debt and they showed a balance due of $68XXX on a credit report date 6/1/2012. I sent them a Debt Verification letter and received their standard generic response that many people on these boards have seen. Only includes "Original Institution" "Original Account Number" "Calvary Reference Number" "Open Date" "Charge off Date" and now we have an account balance due of "$71,XXX" with a letter dated September 05, 2012. The account was opened while in Arizona, the payments were stopped in Arizona, and located in Texas for the past 2 years now. The reason I outline the states is to try to gather an opinion of the SOL on this account. There seems to be an ongoing debate about older accounts and Arizona's statute of limitation. The old laws say that 3 years prevail but recent legislation has changed the interpretation of the laws to 6 years. The question is, would we be grandfathered in here? Now I read the Simkus v Cavalry Portfolio Recovery lawsuit someone had posted on another board and it contained this court opinion based on Bank of America ceasing to send updated statements to the consumer. "These factual allegations support the claim that Bank of America evinced its intention to waive the right to charge interest post charge-off." Yet this balance seems to be growing at an alarming rate. I sent them another letter indicating that their first letter was not adequate and have now received a reply. This time the reply once again included their generic template with a new balance of $72,XXX dated October 16, 2012. This balance has grown approximately $860 since receiving their last letter. This time they included with their response 3 Bank of America statements dated 10/2008, 11/2008, and 4/2008. The 11/2008 statement indeed shows the balance as $42,XXX. This account is the only thing standing in the way of qualifying for a home loan so I would like to be able to combat this in an aggressive manner. I crafted and sent both of these letters to Cavalry prior to discovering these forums so I may have done something that could be frowned upon. That being said, I would like to take an appropriate course of action at this point and wondered what some of you may think. Am I in the clear here on the SOL? Do I have a way to get this removed from the CRA's ?