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  1. I recently got word that I was sewer served again by H&H. I haven't seen the summons yet however I'm anticipating that it will be exactly the same as the previous case. This one was about a month away from SOL. I'll keep this updated so others can learn the process. I don't expect to to have any questions this time around. For anyone who would like to see how confused I was by all this the first time, and a detailed account of how we got them to dismiss the case, here is the link to my other topic: John
  2. Good morning, I've attached the petition that I received taped to my door about being sued by this collection company. I have to answer within 14 days and I have no idea how to answer in a professional way but also a way that I don't mess up and make me lose the case as well. The court suggested I contact the lawyer on the last page and work out an agreement to drop the case and I settle the debt. After reading numerous sites about this company, I'm not seeing anyone suggesting that since this company is bad about never stopping to collect until they get the whole amount they ar
  3. Hi All, My wife is being sued in FL by Prortfolio Recovery Associates LLC. She received a summons to appear for a pre-trial conference next week. This is in small claims court in Pinellas county, FL. We are being sued for about $1,400. My wife is required to appear next Tuesday and the summons says; The purpose of the pre-trial conference is to record your appearance, to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pre-trial conference. It also states that she may be ordered to mediation at the pre-trial conference. The origina
  4. I have searched but I cannot seem to find out exactly what to do, I am posting this in hopes I can obtain some help on how to proceed. I do not want to wait too long to file an answer. Please Help!! 1. Who is the named plaintiff in the suit? Portfolio Recover Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Atty, Raush Sturm Israel Enerso & Hornick LLC 15660 N Dallas Pkwy Ste 350 Dallas, Tx 75248 3. How much are y
  5. I have searched but I cannot seem to find out exactly what to do, I am posting this in hopes I can obtain some help on how to proceed. I do not want to wait too long to file an answer. Please Help!! 1. Who is the named plaintiff in the suit? Portfolio Recover Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Atty, Raush Sturm Israel Enerso & Hornick LLC 15660 N Dallas Pkwy Ste 350 Dallas, Tx 75248 3. How much are you being sued for?
  6. Hello, This place is fantastic, but I sadly forget 95% of what I have read between visits. I am unclear on how to respond and the best way to beat these guys. I'll spare you the story about how I tried to settle for up to 40% with OC and 20% with these bozos, but no dice. They tried to serve at the house, but got a relative and he didn't try to give him any documents. In late January (Approx 30th), the service by mail came. I have no date on the document for the service at all. My first reaction was, "this isn't service", but now I am concerned about summary j
  7. I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then f
  8. Hello, I was served with papers from Portfolio Recovery a couple of days ago. I am trying to figure out how to respond. I have been looking around this form and seems that @texasrocker has some good advice, I am still a bit unsure how to proceed. Not exactly sure what to say in my answer. I would appreciate any help. Thanks guys! 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC Assignee of Dell financial services 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm Isreal Enerson & Hornik LLc
  9. I just got sent this article by another attorney. http://finance.yahoo.com/news/2-americas-largest-debt-collectors-194552315.html
  10. Very simple I am being sued by Portfolio Recovery Associates in Texas and I don't know what to do. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC assignee of Wells Fargo bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Attorney in Texas (about 200+ miles from where I am located) 3. How much are you being sued for? Roughly $5,900 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Person came to door and handed me t
  11. I've received a couple of letters from third parties "You're being sued - hire us" type letters. I've never been served, and am obviously easy to find! I've been unemployed for almost three years, have zero savings, already lost my house (sold it for a $130K loss to pay off the home equity loan and taxes - was going to lose it to a tax sale), have no car, and am relying on relatives. I'm not on disability, but probably could be - problems with both arms and hands. That's why I can't work. Unfortunately I was self employed for a long time and any disability I received would be darn little.
  12. I am preparing my case against Portfolio Recovery. Can I send a bill of particulars if it doesnt state account stated? And if so what do I put instead of account stated on the BOP. Thanks in advance 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? Hunt & Henriques, Attorney at Law Michael S. Hunt, Janalie Henriques, Donald Sherrill 3. How much are you being sued for? 3,418 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (Sears I believe) 5. How do you know you are being
  13. I have received on summond 2/24/15 from LVNV FUNDING C/O STENGER & STENGER Kent county Michigan AMOUNT 746.95 for a credit card debt from CREDIT ONE BANK EXHIBIT A Plaintiff affidavit signed by Matt Summers Exhibit B Photo copy or print out "account statement" prepared by jds Lvnv. I have not yet sent my answer because i was wondering how to do the motion to strike the affidavit. also i havent received the summons from portfolio yet ,and cant find it online. But I received a letter from a lawyer stating i was being sued 63 district court my portfolio. I heard sometimes the
  14. I’m hoping someone can help me with an Answer and with the Discovery. I appreciate your assistance in advance. Thanks. 1. Who is the named plaintiff in the suit? Portfolio Recovery 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Would rather not say 3. How much are you being sued for? $1,500 4. Who is the original creditor? (if not the Plaintiff) Credit card company 5. How do you know you are being sued? (You were served, right?) Received the Petition and Order for Alternate Service in the mail 6. How were you served? (Mail,
  15. I'm new to the world CreditRepair...etc... First post. Basically I have two Judgements from bad CC that I did owe but couldnt pay totalling up to about 11k. I went to the hearings but lost. 1.) Portfolio Recovery. $5178 Dec 2012 5% interest 2.) Midland Funding $7311 March 2012 5% interest Should I settle, or what options are there? Has anyone had any experience in settling with these companies? Should I go for 25%. What are the correct steps? I.E. any letters to have this done the "correct" way.....
  16. I have been sued by Portfolio Recovery 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.) LAW OFFICES OF HOWARD LEE SCHIFF, PC 3. How much are you being sued for? OVER $10,000 4. Who is the original creditor? (if not the Plaintiff) BOA 5. How do you know you are being sued? (You were served, right?) DEPUTY SHERIFF SERVED THE SUMMONS 6. How were you served? (Mail, In person, Notice on door) IN PERSON BY DEPUTY SHERIFF 7. Was the service legal as required by your s
  17. I really hope someone here can help me. On May 2, 2014 I was served a summons at my house. I am being sued by Hunt & Henriques, Attorneys at Law on behalf of Portfolio Recovery Associates for an old US Bank credit card debt. The amount they are suing for is $5500. The suit was filed on February 7, 2014. This debt is from back in 2009/early 2010- which I believe puts it outside the SOL for California. I don't remember making payments on it since then. I have NO way to prove that though, as I haven't banked with US Bank since 2010. This is the first time I have heard of this debt s
  18. I recently got a summons to court from a Morgan and Pottinger representing Portfolio Recovery Associates for an old Capital One debt. My last payment was Sept 2006. The summons to court had nothing but an affidavit from someone in VA. They are suing for like $1500 and keep sending me letters asking me to settle the debt before its to late... LOL Keep trying people. Soon after I received the summons I sent a Request for Documentation asking for the following items: !. Original contract between the Plaintiff and Creditor 2. Proof of assignment from the original creditor to the defendant 3. Singe
  19. I opened a Capital One credit card in March 2005. I first became delinquent August 2006 and even though I paid some months here and there after that, I was never able to get out of the late 30 days or more status until they charged it off in January 2008. When I was young(er) and stupid(er) in 2007 I kept getting called at work and threatened to be sued by Global International for my outstanding balance of about $4800. So in December 2007, I sent them a payment of $1500 and they were supposed to set up payment arrangements. Instead, they disappeared. They wouldn't respond to calls and nothing
  20. 1. Who is the named plaintiff in the suit? Portfolio Recovery As Assignee of XXX Bank 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? Under $5000 4. Who is the original creditor? (if not the Plaintiff) Major CC Company 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
  21. As of now they are asking for Interrogatories, Admissions & Request for Documents. Let me know if what what I have so far sounds right or if I should make changes. Thank you in advance! {Portfolio Recovery a$$-ociates -VS- Me. } _________________________________________________________ * * * * * * * * * * * DISCOVERY REQUESTS AND INTERROGATORIES COMES NOW Defendant, Voice_Guy pursuant to Ohio Rules of Civil Procedure, and for the responses to Plaintiff's First Interrogatories and Discovery Requests directed to Defendant, states the following: 1. State yo
  22. I’m being sued by Portfolio Recovery Associates in California. Thank you to all the people on this forum. Everything has been really helpful so far. I plan to post copies of my summons, answer, etc. next for review in case it makes it easier for some. 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? $4,000+ 4. Who is the original creditor? (if not the Plaintiff) HSBC BANK NEVADA, N.A. 5. How do
  23. I received a "Justice Civil Citation" today informing me that Portfolio Recovery Associates are suing me for a little more than $1100 + interest from 2009. Evidently they are an "assignee" of Target National Bank. First of all, my credit limit was never over $200 so why the $1100 and second isn't "+ interest" a tad vague? I cannot afford a lawyer and frankly I think this is too menial for one. I'd probably double my costs in the representation alone. So I plan on constructing an answer to this denying the over priced debt. Can someone steer me in the direction of how to write this answer
  24. I received a letter from Portfolio Recovery Associates yesterday. It clearly states the OC (Walmart) and the amount owed by me ($1,055) and that my account has 'been selected for legal review with their Litigation Dept' but it 'has not been reviewed by a Litigation attorney' yet. It then says that I have until January 7 to make a payment via one of their their 3 proposed payment options (1-settle for about 70% of the balance, 2-pay in 6 installments, or 3-pay in 12 installments), or basically get sued. I want to get rid of this debt by possibly settling for 1 lump sum, but being that this is
  25. Greetings all, I'm a little new to both being sued and contributing to community forums, so please have mercy. I fear recent happenings are a little above my head, so here it goes. My fiance and I awoke excited to have what seemed like our first relaxing Sunday in a while. This excitement soon turned to confusion, however, as an early morning guest shattered these expectations with the delivery of "official legal documents." It turns out we had just been served with papers indicating impending civil action with a collection agency pursuing a previous credit account she had with a retail st