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Found 436 results

  1. 1. Plaintiff: Portfolio Recovery Associates 2. Law Firm: Blatt, Hasenmiller, Leibsker & Moore 3. Sued for $5973 4. Original Creditor Wells Fargo 5. Served by sheriff, but I had moved. Didn't know until I started getting letters from lawyers offering to represent me in court. 6. I've had no prior correspondence from PRA 7. Originally served in PA, now I live in NJ 8. Lat paid on account in 2009 9. Still within the SOL 10. Case is still open. plaintiff filed complaint, I filed preliminary objections, plaintiff filed response to PO 11. Only evidence sent was a statement of verification. So I've gotten the response to my preliminary objections. What's the next step? I've seen some people talk about discovery, but I'm not clear on how to do this. No court date has been set yet. I'll provide the contents of the documents if requested. Thanks
  2. Case Number: 11K17326 Hearing Date: June 06, 2012 Dept: 77 EQUABLE ASCENT FINANCIAL LLC V. SANTILLANA, ESTELA P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $11,625.11 Atty fees: $350.00 Costs: $479.50 Interest: 0 Total Judgment: $ 12,454.61 P to give notice. -------------------------------------------------------------------------------- Case Number: 11K17764 Hearing Date: June 06, 2012 Dept: 77 PERSOLVE LLC V. GONZALEZ, MARTHA P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $2674.32 Atty fees: $ 668.58 Costs: $315.00 Interest: 0 Total Judgment: $ 3,657.90 P to give notice. -------------------------------------------------------------------------------- Case Number: 11K18918 Hearing Date: June 06, 2012 Dept: 77 CAPITAL ONE BANK (USA) N A V. HERNANDEZ, ESTHER P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $7824.69 Atty fees: $ 0 Costs: $324.00 Interest: 0 Total Judgment: $ 8148.69 P to give notice. -------------------------------------------------------------------------------- Case Number: 11K18963 Hearing Date: June 06, 2012 Dept: 77 MIDLAND FUNDING LLC V. PEREZ, ROSENDO P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $4323.92 Atty fees: $ 0 Costs: $369.00 Interest: 0 Total Judgment: $ 4692.92 P to give notice. -------------------------------------------------------------------------------- Case Number: 11K19172 Hearing Date: June 06, 2012 Dept: 77 CAPITAL ONE BANK (USA) N AN V. MUNOZ, ADRIANO P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $1,228.70 Atty fees: $ 0 Costs: $324.00 Interest: 0 Total Judgment: $ 1,552.70 P to give notice. -------------------------------------------------------------------------------- Case Number: 11K19226 Hearing Date: June 06, 2012 Dept: 77 DEPARTMENT STORES NATIONAL BANK V. GRIJALVA, MARLENE P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $4,714.08 Atty fees: $ 0 Costs: $324.00 Interest: 0 Total Judgment: $ 5,038.08 P to give notice. -------------------------------------------------------------------------------- Case Number: 12K01607 Hearing Date: June 06, 2012 Dept: 77 PORTFOLIO RECOVERY ASSOC. LLC. V. GONZALEZ, VERONICA P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $2739.13 Atty fees: $ 0 Costs: $324.00 Interest: 0 Total Judgment: $ 3063.13 P to give notice. -------------------------------------------------------------------------------- Case Number: 12K02066 Hearing Date: June 06, 2012 Dept: 77 PORTFOLIO RECOVERY ASSOCIATES LLC V. CORDOVA, ANA G. P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $15,062.83 Atty fees: 0 Costs: $514.00 Interest: 0 Total Judgment: $ 15,531.83 P to give notice I think this is a radical shift in court processing of collections cases. the attorneys all filed judgment on the pleadings this is a new shift that could only come because of lawyers seminars are now teaching this to CA's The issue of standing would be one way to orally argue at the hearings opposing judgment on the pleadings. This is disturbing.
  3. I just got a summons from lawyer representing Portfolio Recovery Associates. They are bringing suit in metro court instead of district court. Probably small claims court! They only have their complaint attached to summons, no alleged account number, affidavit, dates of alleged charge off or purchase by them, just an amount allegedly owed! Here is exactly what their complaint looks like! State OF NEW MEXICO IN THE BERNALILLO METROPOLITAN COURT COUNTY OF BERNALILLO Portfolio Recovery Associates, LLC Plaintiff, My Name Here Defendant, Defendant(s) address: My Address Here Defendant(s) date of birth: My DOB Here Defendant(s) Last 4 of SSN 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 indebted to plaintiff $1xxx.xx for goods and services purchased which includes contract interest on a breach of contract or in the alternative open end account(s) or on a theory of account(s) stated. The Defendant(s) has defaulted by failing to repay the Plaintiff, and that the Defendant(s) have been unjustly enriched. 3. This obligation arises out of an extension of credit obtained on an account(s) with Capital One Bank. 4.The Plaintiff took an assignment of the account(s) in good faith, for value and in 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 $1xxx.xx 7. If any defendant was or beacame married during the time extensions of credit were made on the account(s), Plaintiff alleges the debt on the account(s) to be both community and seperate in nature. WHEREFORE, judgement should be awarded Plaintiff against Defendant(s), both seperately and 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, reasonable attorney fees, and such other relief as may be appropriate. Guglielmo and Associates, PLLC signed by jdb lawyer lawyers address and phone. What a crock , this looks like they expect to get an easy default with no supporting evidence! Of course I plan to answer, any suggestions ? what about a sworn denial and motion to dismiss on appropriate grounds?
  4. I went to mediation today with the attorney from portfolio recovery associates. I requested to see proof the account was mine. Also, the amount was correct. He did show up to the mediation. He was on the phone. BTW it was a different attorney from who filed the suit. I guess according to the mediator, Guglielmo and associates go through attorneys pretty quickly. So he pretty hurt from the start, and emailed over some statements, a money order, and terms and condition. The mediator said she would give me until Wednesday to decide if I want to settle or file for discovery. I was also thinking requesting for admissions. To get the bill of sale. As posted by usagi555. Thank you for that. Any help or suggestions? Do you still think I a chance to win or because of the statements and money order chances are slim? Also, with that being said it was emailed and he said he could fax it because everything is electronic in their office. It's not the actually money order, or statements just copies on the computer. Do they have to have the actual money order and statements?
  5. OK - so I received a letter from a local law office here in Kansas and they are representing Portfolio Recovery Associates/HSBC Bank Nevada. It is just a letter saying "A claim has been placed in their hands for collection against you by PRA/HSBC". Goes on to state I have 30 days.... Below is a draft of what I intend to send back in regards to this letter - please know that the letter has absolutely NO Account # listed on it. Please let me know any problems or changes that this letter may require. I do intend to send it Certified with a Returned Receipt. My next steps will be dependent on how this law office responds. My main questions are: To include the part that they neglected to send me an Acct #. I am thinking it may show neglegence to prove I own this account if they never send me that information, so it may be better to not even bring that ommision up (On the other hand, it may show me as naive to not demand that info) Should I leave the part about how to contact me at the bottom of the letter out, and stick to the debt verification aspect of it? Thank you all for any assistance. Reading online I am pretty sure that I will be going to court on this as there are several people talking about PRA bringing suit against them, so I am trying to prepare as much as I can before being summoned. Letter: May 25, 2012 "Law office Name Address Here" Re: Portfolio Recovery Associates LLC/HSBC Bank Nevada, N.A. – No Account # Referenced To Whom It May Concern: I am sending this letter to you in response to a notice I received from you on May 23, 2012. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. I am formally requesting the following pieces of information: • The signed contract or agreement with HSBC Bank Nevada, N.A. • Documents detailing the Account Number in dispute, charges and payments to said account, from both NA HSBC and Portfolio, so that I can ascertain the amount of $4300, as indicated in the letter from "LAW OFFICE" dated May 16, 2012, is accurate. These documents shall include any interest or fees from either Portfolio Recovery Associates LLC or HSBC Bank Nevada, N.A. • Document of the agreement between HSBC Bank Nevada, N.A. and Portfolio Recovery Associates LLC authorizing the collection of this alleged debt by Portfolio Recovery Associates LLC. Furthermore, I am requesting that all correspondence involving this matter be made in writing. I expressly deny any requests to be contacted by phone, either at home or at work. This letter shall also serve as notice that no family member, acquaintance, neighbor, or other individual, barring any legal representation I should name at a later date, be contacted in regard to this matter as the only communication will be through writing to the address listed below. "MY NAME/ADDRESS"
  6. Please please give me some advice, if you can. I was just served with a summons to appear in small claims court by Portfolio Recovery Associates for an HSBC card that I opened in August 2000. I am being sued for approx. $4500. I realize that it's past the statute of limitations in my state (Illinois) but I DID make a few payments 2 years ago through the previous collection agency. The papers make no reference to those payments. I'm not sure if there are any record of them. Did I reset the statute of limitations by doing this? I can't find any specific Illinois law regarding this... I am hoping against hope that I have something I can use to save myself. Even the woman that served me commented on how I should look into it, as this particular company is known for buying old debt and trying to collect via lawsuits.
  7. 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.) [law firm] 3. How much are you being sued for? $1700 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Not sure, the person at the door saw that I had other people in the house and mentioned that it had to do with a credit card 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember 9. What state and county do you live in? CA, Los Angeles county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2008 11. What is the SOL on the debt? 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). I do not know 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. Allegations: 1. Defendant(s) are indebted to Plaintiff for credit furnished to the Defendant by the original creditor...the original creditor sold said debt to the Plaintiff (they have the last four digits of an account number) 2. Defendant agreed to pay these monies to the original creditor 3. Plaintiff have duly performed all conditions on its part. Despite Plaintiff's demand, Defendants have not repaid Plaintiff 4. billing statements were mailed to defendants, plaintiff is unaware of unresolved dispute concerning a billing error 5. Within the past 4 years, on or about March 2009, defendant breached the agreement by failing to pay the original creditor 6. plaintiff has made a demand for payment of monies owed but defendant has not paid as plaintiff agreed 7. no part of the above balance owed has been paid to date and said balance is now due 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 any evidence, no exhibits Thanks in advance for any help.
  8. About a couple of weeks ago I was served a summons. Plaintiff: Portfolio Recovery Associates Law firm: Forster and Garbus OC: Capital One Amount they are trying to collect is $1850 I had no correspondence with them prior to being sued, at least none that I can recall. It is possible something came by mail from PRA, but certainly nothing I can remember from F&G. Not even a voicemail. I am in New York State (not NYC, if it matters) According to some printouts of old statements they have, last payment looks to have been in August, 2009. When I received the summons (hand delivered), I immediately sent a letter asking them to validate the debt, asking for: * The amount you claim I owe * Explain and show me how you have computed the amount, including a complete payment history on this account, and your process of validation of these amounts and payments in order to prove that the amount you wish to collect is accurate * Send me the copies of any documents that prove I agreed to pay the alleged amount along with the agreement that bears signature of the alleged debtor where he promises to pay the original creditor * Identify the original creditor and provide proof that this debt was purchased by you, your offices or representative of your office from the original creditor * Provide alleged credit card number or account number * Confirm that the account has not crossed the statute of limitations period * Prove that you are a licensed debt collector, including a copy of the agreement with your client that authorizes you to collect on this alleged debt * Provide proof of your license numbers and registered agent The other day I got a packet from them, but all they sent were some printouts of about 7 statements. No proof the own the debt, etc. I also filed my answer with the court (I called to confirm that they received it the day before yesterday). I wish I would have known about this site beforehand! So, I am turning to you good people for advice on next steps. Does the fact that they have those copies of statements mean I am screwed?
  9. Hello all: I'm dealing with a lawsuit from Portfolio Recovery and I pulled the arbitration request. I followed the request with a motion to dismiss/stay pending arbitration to the court. As expected, portfolio didn't respond to the request for Arb and the court responded by setting up a pre-trial hearing with the magistrate. I figured the courts would at least stay the case but it doesn't seem to be happening. What should I do next?
  10. I started a thread called "Fake Cancelled Debt = Income - IRS 1099-C" in this forum after I received a 1099-C from Portfolio Recovery Associates in early February 2008. I think you can access it here if the link works: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=282337&highlight=portfolio+recovery+associates Today I am pleased to notify everyone that I received a letter from the Office of General Counsel of Portfolio Recovery Associates. Included was a VOID 1099-C!!!! The letter was a cc of a letter sent to the Attorney General of Illinois (my state of residence) saying to "settle the matter amicably, they voided the 1099-C." Really? I think they voided it because they have absolutely no documentation of any such debt and they obviously backed down upon an inquiry from the IL AG's office. If they had something legit, they would not have backed off as they did. The complaint I filed with the IL AG's office seems to have worked. I am amazed that it did. I also retained a lawyer. I believe they violated an act that means they have to pay me some compensation. Today I phoned my accountant and he is preparing an amended tax return for 2007 so I can get the money back from IRS because I included as income the fake debt they "cancelled." This letter from them made my day. I hope others have success in fighting this horrible company. I know you all share in my victory and I wish the same for any others who were victimized by these shysters. Thanks to everyone who posted and the advice given. I don't know if I would have known what to do without your help. A fraud complaint with IRS is still pending. I wonder if anything will come of that. Good luck to everyone out there fighting low down dirty debt collection companies that play their nasty games on the out-of-bounds line. I hope everyone else is successful against these bottom feeders too!
  11. I just finished my pretrial. The plaintiff Portfolio recovery associates attorney was on the phone during the pretrial. Is that unusual? I received a document after the pretrial saying: Order Granting Plaintiff's motion for counsel to appear telephonically. At the bottom left hand corner it states: I certify that I hand delivered a copy of the foregoing order to all parties on 4/30/2012. I never received any documents. Was I suppose to? If so, is that something I could have used in the pretrial against them? The judge was asking and telling me lots of different procedures about the preparation for trial. One of them was about witnesses and if I was going to be a witness? I told her not sure, but I might be. She asked if I was going to testify and I told her I might. I was very confused on why she was asking me these questions? So, I decided to do mediation and try to settle for a very low amount. Since I would rather try to get pass this asap. Not sure if that will be possible though. If not, next step will be trial. Does anyone think this was the right move or should I have gone straight to trial? Does anyone know good sites to read about rights, and laws, etc.? Any help please! Thanks, Rob
  12. *Next steps... 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.) 3. How much are you being sued for? >7,178.77 plus 772.36 4. Who is the original creditor? (if not the Plaintiff) Ge money bank dillards card 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 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? Shreveport, Louisiana* 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2008 11. What is the SOL on the debt? To find out:* *3 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). Served in person. 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?* Have 10 days to respond - Just received today* - Open account was made with bank on or around said date in 07. - I authorized subsequently contracted for sales, goods, and services on open account . - Failed to make payments on account - Plaintiff owes specific amount with accrued interest and fees. 16.No interrogatory provid What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence presented with summons and complaint. No. No. No. Nothing else attached. Only the summons and the complaint. ** * Need help with this what should I do next? Am I in the sol? Any advice would be greatly appreciated
  13. 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.) Not at top that is blank but on last page it says W James Sears Harry O Yates (of counsel) Couch, Conville & Blitt LLC 3. How much are you being sued for? $844.21 and $120.59 in interest 4. Who is the original creditor? (if not the Plaintiff) My guess based on the amount is GE money Bank but there is no mention of them anywhere. 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) 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 at all, not even a phone call. 9. What state and county do you live in? AL, coffee county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) OCT 2009 11. What is the SOL on the debt? 3yrs 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). 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? 14 days. Yes I got a questionnaire and that is what I'm looking for help on. I want to make sure I word my denial correctly so as not to cause myself more work. The questionnaire reads (summarized a bit) A. I do not live in the county. B. I admit everything C. I admit I owe some money but not all D I deny that I am responsible at all. Explain below I am obviously going with D. But What do I write in my explanation? The complaint never mentions the OC. It says... 1. ME is indebted unto PRA for the amount of $844.21, accrued interest in the amount of $120.59 and the costs of these proceedings as more particularly set forth herein. 2. ME entered into and Agreement with PRA or it's assignor whereby defendant was granted the right to obtain goods or services on account stated through the use of the credit card issued to the Defendant. 3. ME personally or through his or her authorized representative subsequently contracted for sales on account stated and acquired goods and/or services on account stated. 4.ME breached the Agreement by failing to make payments due on the account pursuant the terms of the agreement. 5 In the alternative, ME entered into a contract with PRA or its assignor
  14. Hello everyone. My name is Chris and I was just served with a Statement of Claim this past Sunday. I have researched the boards and have found others answer the claims starting with a General Denial however, I do not see any of these forms on the Gwinnett website or in formsworkflow.com (Yes, I work for a law firm ,but want to do this on my own) So here are the details of the Statement of Claim if anyone could point me in the right directions I would be very appreciative. 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.) None 3. How much are you being sued for? $2236.05 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) 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 at all, not even a phone call. 9. What state and county do you live in? GA, Gwinnett 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 20, 2009 11. What is the SOL on the debt? Don't know. 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). Here is all that is listed online Case Type: Magistrate Court Civil Case Category: SMALL CLAIMS GENERAL CIVIL Case Description: Disposition Date: Disposition: Disposition Manner: Jury Trial Demand: Filing Type: Official: judge magistrate : 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. No Questionnaire Allegations: 1. The Defendant is indebted to the Plaintiff on account for Charges incurred by the Defendant under a credit card account (HSBC Bank NEVADA. N.A / Metris)and credit privilages provided by Plaintiff's Predecessor to Defendant which account has been assigned to Plaintiff 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. AFFIDAVID. I the undersigned Nicole J Moore, Custodian of Records for PRA herebydepose, affirm and state as follows. 1) I am competent to testify to the matters contained herein 2) I am an authorized employee of PRA..... I am authorized to make statements, representations and averments herein, and do so based upon personal knowledge and a review of the business records of the account assignee and those account records transferred to account assignee from HSBC.... which have become a part of and have intergrated into Account assignee's business records in the ordinary course of business. It goes on to state that the account was transferred on Feb 18th 2011 and the account seller has retained no further interest in said account. A Statement of Account was attached. Date Account Opened . Dec 28 2005 Date of Last Payment Dec 20 2009 Date of Charge off Aug 31, 2010 Balance at purchase 2236.05 Puurchase date Feb, 18, 2011 And a copy of a bill was attached. Again any help would be greatly appreciated
  15. Hello everyone, Sorry for the leech post asking for help, but I don't know where to turn. I have a problem that I don't have the time to fully research yet because of school and it needs to be fixed ASAP, so I now have no choice but to crowd source it. Searching the forums turns up no similar hits. I have two collections HSBC and PRA in the 3 bureaus showing negatively and really dinging my score good. I had a debt with HSBC for $250 that was sold to PRA in 2007. I paid the account in full with PRA (without pay for delete) in 2010 and it was marked Paid in full. I then read a book on credit repair that lead me believe that if I disputed PRA with the 3 bureaus, it could possibly get deleted, so I disputed in January 2012. I also sent a settlement letter to HSBC for pay for delete. HSBC responded immediately saying the debt was sold and they could do nothing. PRA responded to the 3 bureaus saying the debt was indeed mine and I got letters back from all three with proof. With no results, I decided to say screw it and just leave it be. So today I log into myfico to check my score and both transunion and equifax show a 10 point drop. Transunion was 697 now 687, equifax was 660 now 653. PRA sent a 120 days late in Jan 2012 to all three bureaus and updated the descriptions to say "Consumer disputes after resolution". This sucks, I should have just left it alone but now it is too late. Does anyone know what to do, or where to point me? I was hoping to apply for a FHA loan later this year and wanted to get a better rate, but now I am not so sure. Thanks in advance.
  16. Hello everyone! So I settled with Portfolio recovery services in May 2011 and its still reporting every month and says 120+ days past due. I do have a letter from them saying they will stop all reporting once payment was received. What can I do to have them remove this?! I contacted the OC HSBC and disputed the account, but they sent me a letter saying that the account is sold and they no longer own this account to contact Portfolio. How do I get this removed? Or at least reporting as paid?!
  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? (should be listed at the top of the complaint.) Guglielmo & Associates 3. How much are you being sued for? $1,200-$1,800 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I don't know. I did not sign anything. I was simply handed the paperwork. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I called offering to settle. They refused my offer. I asked for Verification of Debt. They refused saying they do not have to provide it since it is past the initial 30 day notice. 9. What state and county do you live in? AZ, Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2-3 years ago 11. What is the SOL on the debt? To find out: Three 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). Summoned 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 9 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit outlining that I opened an account with HSBC promising to make payments and failed to make monthly payments due. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits OK ============= I have not gone down to respond to the summons as of yet but was planning to tomorrow or Friday to dispute it. I would please ask for any general advice on how to proceed. It would be much appreciated and I thank you for any insight. The original amount owed on this account was $700ish IIRC. I lost my job. Stopped making payments because I could not afford them on unemployment with rent/bills. I did intend to go back and pay off my debt, but they apparently sold it to Portfolio Recovery Associates. Fast forward to me receiving a letter from Guglielmo which I stupidly ignored saying they were threatening to sue. I then recently received a summons which I am posting below. I did not request a verification for debt and they of course refuse to provide one now but state they do have the necessary proof and will show it in court and that I have until close to the end of the month to settle with them. They are seeking over $1300 and want to garnish my wages. Edit: will repost the affidavits after I OCR scan them.
  18. Hello, I've searched around for similar situations and read about the procedure but just wanted quick help and the best way to proceed in my specific situation. I live in California. I checked my CR and have three different CAs for three different debts. I want to settle the debt (hopefully with a lower negotiated amount). I wanted to know what you think the best exact process to follow is especially considering the bad reputations the CAs have. The CAs I’m dealing with and amounts: Cach LLC-$1001 4340 S MONACO SECOND FLOOR DENVER, CO 80237 (877) 248-8343 Enhanced Recovery Company-$188 8014 BAYBERRY RD JACKSONVILLE, FL 32256 (800) 658-0054 Portfolio Recovery-$843 120 CORPORATE BLVD NORFOLK, VA 23502 (800) 772-1413 My CR says the estimated time they will be removed is 2016. Should I send them DV letters certified mail first before offering a negotiated settlement? I’ve read that response times can take many months or not come at all. I just want to settle with them so it gets removed from my report as soon as possible. Should I try to pay-for-delete with Enhance Recovery Company since it is a small amount? Should I make a reduced offer to Cach LLC and Portfolio Recovery right off the bat in my first letter to them? How much should I offer them each? $250 each as per the 25% recommendation recommended in the guide on the website? Thank you for your help and guidance.
  19. I live in Fl, and by chance found out that I have a court date tomorrow being sued by Portfolio Recovery for an older cc debt. I have not received my notice to appear that has been given to the process server. Should I just act like I don't know about it, and wait for proper service?
  20. Just spoke to Portfolio Recovery Associates, at my place of employment, told him that I can not receive phone calls at my place of employment, and then he continued to speak with me. (I should have hung up at this point). He asked how I wanted to handle payment of the debt. I stated that I wanted no further phone calls and that I wanted to handle all it through the mail and asked he send me the proper paperwork for debt validation. I was told the only way they could proceed with debt validation was to set up a payment arrangement over the phone. I did NOT do that. He asked if I was stating the account was mine, I did not verify if it was mine or not. He asked if I was refuse to pay, and said he would LOVE for me to say that during the phone conversation. (I should have hung up at this point, also). I ended stating that i refuse to pay and conversation was over. I feel like I was pressured into saying that, when i should have simply hung up. What do i need to prepare for now? Lawsuit, garnishment, or what?
  21. Hi all brand new here, obviously here for some help. So I'm being sued by PRA for $1xx.xx. Not a huge sum by any means but enough to make my life uncomfortable if they take it from me. I have a court date of 3/26/12. I tried to enlist some legal help but they turned me down saying they saw nothing that they could fight and the amount was too small to make it worth their while..gee thanks for the support... So I filled out the questionnaire hoping that someone can just give me some direction so I don't get steamrolled by these guys. I know the debt is mine, I actually though we had settled back in 2008 but this one seems to have slipped through the cracks (we had a whole bunch that we were able to settle but this was the only one that didn't get handled for some reason) 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.) Blatt, Hasenmiller, Leibsker & Moore 3. How much are you being sued for? $1xxx.xx plus fees 4. Who is the original creditor? (if not the Plaintiff) Capial One Bank (USA)NA 5. How do you know you are being sued? (You were served, right?) Served Summons 6. How were you served? (Mail, In person, Notice on door) Process server left at door 7. Was the service legal as required by your state? I assume so at this point 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? None. I know they had been calling but I ignored their calls. I don’t answer calls from numbers I don’t know anyway. No written correspondence was received from them as far as I’m aware. 9. What state and county do you live in? Illinois, Will County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) June 24, 2008 11. What is the SOL on the debt? To find out: Looks Like 5 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). Court Date scheduled for 3/26/2012 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 Summons was first written contact received and I never answerd their calls when they called. 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? 1. The Defendant : Me is a resident of Will County, IL 2. The defendant opened a charge account with Cap one Bank (USA) NA agreeing to make monthly payments for the purchases charged to account 3. Plaintiff is successor in interest of said account from Cap One Bank (USA) NA having purchased said account in the regular course of business in good faith and for value. 4. The defendant did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing $1142.78(see clients affidavit as Plaintiffs Exhibit no. 1) 5.Plaintiff declared Defendant to be in default and demands payment of balance. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit attached to summons . No statement from Capitol One. No bill of sale or what I would consider proof that they are entitled to the amount. The summons was a total of 3 pages with no documentation at all from Capital One. Any guidance would be greatly appreciated. I know I will need to do the denial portion that I've seen here and file that with the courts. Will just need some guidance on that and how to actually file it with the court system. The law shire doesn't seem to be real noob friendly, does it?
  22. I've done a search to see if there is a sticky on registered agents for CAs and JDBs but have not had much luck. I'm trying to find the registered agents for LVNV and Portfolio Recovery Associates. I've checked my state's Secretary of State but nada. One of these is a Delaware corp and I think they charge if you want to know who the registered agent is. Any help is appreciated cuz I've even done a google and haven't had much luck.
  23. Being sued by Portfolio Recovery Associates (not original creditor) and am moving out of state. What to do? I have am not going to travel back for the kangaroo court proceedings - been there done that with other cases and all I did was waste a whole lot of time and delay losing. Any advice on how to deal with this would be appreciated.
  24. Greetings: I'm being sued by Portfolio Recovery on behalf of GE Money Bank for a Lowes credit card. I'm looking for the cardholder agreement from 2009 so that I can reference specific parts of that agreement (arb). Does anyone know where I can find the agreement?
  25. Hey everyone. I'm 24, unemployed with no assets or bank account. I made huge mistakes in the past and I am truly ashamed for them. I am trying to get back into school to get a degree and set off a career job to pay back other debts. I cannot afford to pay the debt to the collection agency that sued me + attorney fees. I am asking that someone would help me through this, as I have a lot of time and willing to go all the way. I am currently searching the forum for tips but please feel free to give any starting advice. I was just served a few days ago by an officer that actually gave it to my parents since I was not home so I am even more ashamed that they know now. I have until the 21st to answer. I am sued by Portfolio Recovery Associates, LLC and the law firm representing them is Freedman Anselmo Lindberg, LLC. The amount stated is for $1082.08 (I don't recall this huge amount). There are two options they gave me 1. File your written appearance and pay fee or 2. To file your answer to the complaint as required by Par.3© in the Notice to Defendant Below not sure what the 2nd option is and do I still need to pay a fee for 2nd option? This is the beginning for now. Any advice is much appreciated.