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  1. Here it is: 1) Orig Cred: "GE MONEY BANK FSB" Sold to third party 2) Plaintiff: "PORTFOLIO RECOVERY ASSOCIATES" "J.D.B" 3) Plaintiff's council: "BRUMBAUGH & QUANDAHL" (OMAHA, NE,) 4) Amount in question: "$5000.00+" 5) Jan 2012 served a summons by the county sherriff in my hand face to face. 6) Have been fighting this for 8 months now,Plaintiff would not provide documents or answer discovery. Motion to Compell Helped, Got affidavit of Sale, Signed by a Mr. Theodore Anderson, Looks extremely shady, Have "Q"s regarding Authenticity,or how to Authenticate the Witness if he/anyone shows up... I
  2. Hello, I was summoned in person for Small Claims. I am seeking advice as what I can do before this going to court. I do not want to lose in court and would like to resolve this out of court and have the case dismissed. Thank you in advance, if you need more information just ask! 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? Freedman Anselmo Lindberg LLC 3. How much are you being sued for? $860.27 4. Who is the original creditor? "redacted" of GE Bank 5. How do you know you are being sued? I was served. 6. Ho
  3. I received a validation from my DV to Portfolio Recovery today. Is this acceptable validation : They are trying to collect for a Charged off Wells Fargo credit card. The last payment that Wells Fargo report on my CR is 3/2010 and the account was charged off in 11/2010. For verification, Portfolio Recovery sent two Wells Fargo statements, one from October 2010 and the other for November 2010 ( which shows the charge off). They did not send any other statements prior to this and they did not send anything with my signature proving that I agreed to pay the OC. Nothing that shows the last paym
  4. 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.) Brian C Block 3. How much are you being sued for? $4426.78 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) Received Summons 6. How were you served? (Mail, In person, Notice on door) Certified Mail 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your corresponden
  5. ---UPDATED with new Responses after review CCP 08/09/2012--- ---UPDATED with new Responses 08/08/2012---- Hello I am currently in Discovery phase of a lawsuit with Portfolio Recovery Associates/Legal Recovery Law Offices. Their cause of actions are "Breech of Contract" and "Account Stated" Since I have less then 20 post I can't link the original thread with lists the complaint but can be found my searching my user "quagga" or i can IM I sent in my response with a PLD-050 General Denial and sent them a BOP request. However they denied my BOP request due to the cause of action being "Account St
  6. Good morning everyone, I Was served a summons from PRA (seems a lot of people have been recently) and have been researching this forum quite a bit. I still have a couple of general questions though... 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.) Legal Recovery 3. How much are you being sued for? $14k 4. Who is the original creditor? (if not the Plaintiff) Chase Bank (though i originally opened credit card acct with WaMu) 5. How do you know you are being sued? (You
  7. I sent a DV to Portfolio Recovery for a Wells Fargo Card they are reporting on my CR. They have not yet verified, and it is not 30 days yet. Yesterday in the mail, I received a collections letter from Howard Lee Schiff ( supposed atty's ) now trying to collect on this debt for Portfolio Recovery. Is this a FDCPA violation since Portfolio has not yet verified this debt from my DV ?
  8. I was served a summons in May to appear in court on June 12th for mediation, I am being sued by Portfolio Recovery Services, for a Credit Card, I supposedly had in 2008, I say supposedly, Because I do not remember having a credit card at all, and especially in that time frame, as I will ill and going through Medical treatments for a little over a year. The attorneys are out of Miami FL by the name if Hyat, Hyat and Landau. I appeared in Court and when the judge asked me if I was guilty of the claim (Or some verbiage to that extent) I told him, that I wanted the case dismissed. He asked be why
  9. Sorry bout the caps...dang caps lock..lol Any way they called today about an electric bill for 500 bucks...I have no idea about this debt but they did tell me that the last payment was in 2003. I told them they do not have my consent to call me at the number they have. I also told them not to call me again about this account and they said the usual, we will call as much as we like until the account is settled. I told them I will be sending them a cease and desist and they that that would only be a temporary measure for 30 days and they can continue to call after that. They said that the call c
  10. Hello, I am new to this board, I recieved a letter in the mail yesterday that I was being sued by Blatt, Hasenmiller, Leibsker & Moore. This IS NOT a summons, it just simply states that there was a lawsuit filed against me by this lawfirm on behalf of portfolio recovery associates. Then they go on to say that they want me to call them to discuss "your proposal for resolving the lawsuit." It was not signed by an attorney either. So after this, I went and looked up on my local court website, and sure enough they have filed suit against me a week and a half ago, and I still havn't been served
  11. Hello everybody. Here is my case: Back in 2002-2004 I opened few credit cards. Over time (Oct 2005 for BofA, July 2005 for Chase Bank, July 2005 for HSBC, July 2005 for Chase), I refused to have any contact with all the Credit Card Companies due to their bullying practices. Since then, they never heard of me. I changed 3 addresses (moved three times) ever since. The account was open in Tennessee, now I live in Arizona. I did not move to get rid of them, I just followed my life and career, etc... Per the Credit Report of July 2010: *******QUOTE****** BANK OF AMERICA Status: Transferred,closed.
  12. I recived a complaint - Contract, with 1 cause of action attached. Do I answer the actual complaint-contract, the Cause of Action, or both? I have included the Complaint & Casue of Action below. I'm in California. Thank you COMPLAINT - Contract 1. PLAINTIFF' (names): PORTFOLIO RECOVERY ASSOCIATES, LLC alleges causes of action against DEFENDANT' (names): MY NAME 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is a competent aduit [X] except plaintiff (name): PORTFOLIO RECOVERY ASSOCIATES, LLC [X] other (spe
  13. I learned late last year after being denied a credit card from my longtime credit union (who specifically stated that this collection account was the reason for denial) that someone had used my name, Social Security number, and other personal information while I was a minor to open a credit card account with Capital One back in 2008 when I was 15-16 years old. This account is now owned by Portfolio Recovery Associates. Since the debt is so old, and the trail leading to whoever did it is 99.99% likely cold, I didn't think there was any other option but to try and settle. I initiated contact wit
  14. 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, r
  15. Hi All, I took advice and open my own thread to get advice / help in dealing with with my legal problem: being sued by JDB in California. My background is not with legal field and this is the first time ever I got sued; therefore, I may ask questions that seem stupidity, please bear with me. Thank you. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates (PRA) 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 (H&H) 3. How much are you being sued for? $8000 plus 4. Who is the o
  16. I'm starting this threat with the idea of later on making it sticky, so to direct people to this threat or for them to find it quick and easy. Start posting case laws for governing laws, I do Florida that is where I live I know them: http://www.debtdefense.com/pdf/finality.pdf Capital One vs Steven Pincus Case number 502007SC016285 Originally Posted by BV80 "Florida courts consider the statute of limitations to be substantive, and therefore the statute of limitations of the parties’ chosen forum will apply where there exists a contractual choice of laws provision." "Fulton County Adm'r v. Sul
  17. Hi everyone. I've been reading your wonderful forum since I was recently served with a summons that I'm being sued. From what I've learned here, I think my next step is to immediately file an answer but I want to be sure I'm doing the right things the right way, so I'm posting here for advice. I read the FAQ's and saw that this is the info you need so here goes: 1. Named plaintiff is Portfolio Recovery Associates 2. Law firm handling suit is Evans and Dixon 3. Amount being sued for is around $1000 4. Original creditor is a retailer (credit card) 5. Was served a summons 6. Was served in person
  18. I received a summons by Portfolio Recovery ASsociates on may 10,12 and just got it yesterday from my cousin's house. They are sueing me saying i had an account with capital one of $1200.. i know i have to reply with an answer.. i'm lost.. SHould i ask for a settlement.. what do i do? please help... i'm dumb and having a panic attack.. Should i pay it off in one amount so i dont have to deal with PRA..
  19. Thank you Credit Info Center! I used you debt validation/cease and desist letter for Portfolio Recovery. I did make some changes/additions to it i.e. the number of documented calls from them I have had. I also sent the letter certified, signature return required. I am happy to report, I got a letter back today saying " Portfolio Recovery Associates LLC (PRA) has concluded its investigation of your dispute and is closing your account. " It also went to to say " This is a letter from a debt collector. This communication is made for the limited purpose of responding to your dispute and is NOT
  20. Was served with the court papers 4 months ago. I answered denying all allegations. I havn't heard anything from their lawyers or the court since. Were they just fishing for a quick and inexpensive judgment in their favor (i.e. hoping I wouldn't answer their suit)? How long do they have to proceed to the next step? Additionally, I have since moved out of the state it was filed in. Thanks for any information you can provide.
  21. I just came from an arbitration hearing against Portfolio Recovery Associates via HSBC. The arbitrator has left it up to me to prove whether under the Nevada NRS 11.190 whether a credit card falls under subsection 1 which has a six year statute of limitations or subsection 2 which has a four year statute of limitations. I need help finding Nevada court cases and rulings showing that a credit card is considered an open account and therefore subject to the 4 year statue of limitations.
  22. Im a newb at all this so please bare with me. Im being sued by portfolio recovery associates for $1984 but in their first cause of action they state the breach of contract occurred 6/12/2008. They filed the suit on 5/15/12 and im assuming the suit wont be completed by 6/12/2012 which will be 4 yrs after the breach of contract. Am I correct in assuming the SOL will run out on 6/12/2012? Should I add the statute of limitations defense to my answer or should I just go with a plain general denial defense? Thanks in advance.
  23. I live in Austin Texas and I was served the first week of January for a dept collection law suit by Portfolio Recovery Associates assigned lawyers, in the answer to the court I ask for a signed copy of the original contract and all document that prove I owed the dept. The Plaintiff responded with an affidavit claiming they owned the dept, and one years worth of account statements (2008). They did not have a signed contract and object my request. Since then I have not been contacted by the Plaintiff. There has been no discovery from the plaintiff and no court date set. Does it normally take th
  24. Hello everyone, After going through the forum for about a week I have been trying to formulate a plan of attack. However I have quite a few questions. Thank you all for you patience and of course your wisdom. I've been following diamondmax80gb thread and I'm thinking I would follow about the same course of action. Here is the summary * General Denial with form PLD-C-010 * File with court and serve Plantiff a copy with POS-030 * File Bill of Particulars /w CMRR Q1. I see many people file a response to court by replying to all Paragraph point by point. In PLD-C-010 do I need to res