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Found 71 results

  1. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email you. -Nehv 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.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? Less than $5,000 for principal balance, costs of suit and "any such other relief as the court may deem just and proper" 4. Who is the original creditor? (if not the Plaintiff) Synchrony bank 5. How do you know you are being sued? (You were served, right?) Not yet. Served with papers left at home while i was out and also got two letters from attorney services. 6. How were you served? (Mail, In person, Notice on door) Papers were dropped off on the floor. 7. Was the service legal as required by your state? I don't know. I'm not sure to be honest. Since the papers were just on the floor. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact what so ever with PRA before or after summons. 9. What state and county do you live in? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe in mid 2015. Never made a payment with the collection account with PRA. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Well in California it says the most is 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). As if today: Unknown disposition. 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 I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance" 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 two billing statements of the original account with Synchrony Bank.
  2. Hi guys, I previously posted about two collections I have with PRA regarding credit card debts and was directed to speak a lawyer here in TN. I was given the advice to dispute the collections with the CRAs and once they reply to notify him Well it has been almost five days since I notified him of the results and I have not been given a reply. At this point I feel like trying to fight it is not worth it. I fear getting sued and then not being able to find a attorney to fight it and getting a judgement. Can anyone provide any advice on how I should approach PRA? I have filed a dispute with CFPB and am waiting for the results of that. If the outcome is not favorable then I think I will go ahead and try to settle the matter. Please tell me how I should go about getting this handled. I am so angry that this company is going to make money off of my financial misfortune.
  3. This is a fantastic decision issued yesterday on the requirements for a dunning letter soliciting "settlement" of stale debts. The opinion is concise and dead on. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D03-29/C:15-1567:J:Hamilton:aut:T:fnOp:N:1937594:S:0
  4. I had a written agreement with Hunt & Henriques lawyer last September to dismiss my case. They agreed to dismiss with prejudice. Now, they have finally filed for the dismissal and requested it "without prejudice". How can I respond to this? Is there form to fill out? Do I send a letter to the attorney? The statute of limitations is up in April, but it's also the principal of the matter. We had an agreement and I want them to adhere to it.
  5. I was served yesterday and I am looking for guidance on the appropriate steps to take. 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.) Emily Pierce (240084) Jordan D Cook (179720) Lori N Williams (242985) Kristen L Brinkerhoff (263579) 3. How much are you being sued for? $6,059.55 4. Who is the original creditor? (if not the Plaintiff) Bank Of America 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? I spoke with them once on the phone. I denied any knowledge of the mention debt and asked for validation. I was told my case had been reviewed by a lawyer and promptly hung up on. 9. What state and county do you live in? San Bernardino county, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 31, 2013 according to lawsuit 11. What is the SOL on the debt? To find out: 4 years 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). Active, service required 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. I requested over the phone not written. I never received validation 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Jan 2015 statment & August 2015 statement
  6. 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.) "Portfolio Recovery Associates," 3. How much are you being sued for? $2,771.86 4. Who is the original creditor? Synchrony Bank/Wal-Mart 5. How do you know you are being sued? I was served papers last night, 1-20-17 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? Phone calls, voicemails and mail from Portfolio Recovery Associates, but did not actually speak with anyone. 9. What state and county do you live in? Texas, Colorado County 10. When is the last time you paid on this account? Not sure. Claimed to be August 29, 2015 in Complaint. Sounds accurate. 11. What is the SOL on the debt? 4 years in Texas 12. What is the status of your case? Suit served? Motions filed? Suit Served, have not filed an answer yet 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? No 15. How long do you have to respond to the suit? 14 days 16. What evidence did they send with the summons? An Affidavit from PRA, a Bill of Sale and a copy of I presume my last credit statement with Synchrony/Walmart. The Bill is sale is generic and has no link to my name or account. The credit statement does not show any red warnings of my account being closed soon for failure to pay. Just shows that I was behind in payments and what I owed for next payment.
  7. Okay, below is my situation. Any advice provided would be greatly appreciated! Thank you 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? Raush, Sturm, Israel, Enerson & Hornik LLC 3. How much are you being sued for? A little over $5000. 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? Served 6. How were you served? (Mail, in person, Notice on door) In person on 11/19/16 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? Texas, Dallas County 10. When is the last time you paid on this account? June 2015 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit filed/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? No 15. How long do you have to respond to the suit? Did you receive any interrogatory (questionnaire) regarding the lawsuit? 14 days; I received no questionnaire or any other documentation was attached. 16. What evidence did they send with the summons? None. Plaintiff's Original Petition Court document showing Plaintiff and Defendant names stating that I’m being sued and that I have 14 days to file a written answer to the court; along with the name and address of the Plaintiff’s Attorney. Signed by Justice of the Peace. Stamped on October 26, 2016. A. Parties 1. Indicates plaintiff and address 2. Indicates my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, and expenses. 4. Plaintiff asserts that the above-named court has Jurisdiction over the subject matter of this case and the person(s) of Defendant(s) and that the damages sought are within the Jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of suit. D. Facts 6. On or about September 2013, Defendant(s) opened a credit card account with SYNCHRONY BANK (DEPARTMENT STORE NAME) in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on June 2015. Defendant defaulted on the obligation to make monthly payments on the credit account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about November 2015. On or about December 2015 SYNCHRONY BANK (DEPARTMENT STORE NAME) assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of the Defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the account is $5000. 8. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to ay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Account Stated 10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant(s) which established the amount due to the Original Creditor, and (3) the Defendant(s) promised to pay the Original Creditor on the indebtedness. F. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $8,086.62, which is within the jurisdictional limits of this court. G. Conditions Precedent 12. All conditions precedent to Plaintiff’s claim for relief has been performed or have occurred. H. Miscellany 13. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff’s attorneys are debt collectors. I. Prayer 14. For these reasons, Plaintiff asks that the court issue a citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $5000. b. Court costs c. All other relief to which Plaintiff is entitled.
  8. My employers HR Dept. was recently notified that I had a judgement against me from PRA. I have never been served any papers by either a process server or in the mail about any lawsuit against me. Is there anything that I can do? Because of this judgement, I am at risk of losing my job and a professional license now. I don't even know how much the judgement is for or if it is even valid. How do I even know that they are not just making up stuff and won't continue pursuing to try and get other judgements against me since they have now found a way for me not to fight back?
  9. Probably an easy answer I am over thinking.... have been reading posts for 7hours now and still not finding a response I am comfortable in using. PRA Summons States: #1 The plaintiff is registered and licensed to do business in New Jersey and the defendant is a resident of XXXXX County and whose social security number ends in xxx-xx-x/// is subject to this court's jurisdiction. HOW DO I RESPOND? As I see it they are combining multiple statements to somehow reel me in. I DO NOT KNOW if they are registered and licensed in New jersey since they did not provide the info to substantiate. I AM a resident in this county. They are the last 3 digits in my ss BUT this is not my debt! Any ideas here? Do I state: Defendant denies the allegations contained in Paragraph 1 of the Complaint as this request calls for admission of matter defendant has denied and thus it is improper. (Doesn't seem to address their claim of licensing etc.) Am scratching my head here!!! Also as a note, am thinking to notify court that I already opted for arb with this creditor (although they will probably just be receiving notice same day of answer is due to court) and will file a MTC to private contractual arb. Any thoughts?
  10. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES LLC ASSIGNEE OF SYNCHRONY BANK( DEPARTMENT STORE NAME) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSH, STURM, ISRAEL, ENERSON & HORNIK LLC 3. How much are you being sued for? $2,500 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK( DEPARTMENT STORE NAME) 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? Texas Montgomery County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2013 11. What is the SOL on the debt? 4 Years 12. What is the status of your case? Suit served? Motions filed? Suit Filed/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? 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, No questionnaires or any other documents attached other than original petition 16. What evidence did they send with the summons? None Plantiff's original petition: 1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court. Along with the name and address of the Plaintiff (attorney). Signed by the clerk of the court. 2. Then a Petition with a stamp date on it Feb 2016. It shows as follows: A. Parties 1. states plaintiff and address 2. states my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, cost and expenses 4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant and that the damages sought are within the jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county............. D. Facts 6. On or about month/day/2012, Defendant opened a credit card account with XXXXX SYNCHRONY BANK( DEPARTMENT STORE NAME) in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on Janurary, 2013. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about September, 2013. On or about July, 2014, SYNCHRONY BANK( DEPARTMENT STORE NAME) assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $2500. ( 8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, ad refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Count 1: Breach of contract 10. Plaintiff is entitled to recover for breech of contract. SYNCHRONY BANK( DEPARTMENT STORE NAME) offer and extension of credit to defendant constitute performance and/or tendering of SYNCHRONY BANK( DEPARTMENT STORE NAME). Defendant failed to repay the full amount owed on the credit account and there by breached the contract. 11. Defendant Breach was a proximate cause of actual damages of $2500 And just and lawful offsets, credits and payments have been applied. F. Count 2: Account Stated 12. Plaintiff is entitled to recover on the account because (1) transactions between the original creditor and defendant gave rise to the indebtedness, (2) there existed an agreement between the original debtor and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the original creditor on the indebtedness. G. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $2500, which is within jurisdictional limits of this court. H. Conditions Precedent 14. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 15. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Prayer 16. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following. a. Actual damages in the amount of $2500 b. Court Costs C. All other relief to which plaintiff is entitled. Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LLC By: ORIGINAL COPY SIGNED ( it states that ---- No signature) Attached is what I think I should file as my answer based upon my research on the forums and the many responses by Texasrocker any suggestions or words of encouragement would be greatly appreciated. Thanks in advance! ANSWER-2.pdf
  11. So I had a loss today in court against PRA, Dallas County court. I asked the Judge if I could MTC arbitration but he basically said my card member agreement was null and void because PRA owns the debt and proved so by showing a purchase agreement. I had a copy of the card member agreement with me but he didn't even look at it, already had the arbitration area highlighted for him. I am attaching the docs I got back with my card member agreement as well. Other members say that its possibly because there is a clause in the arbitration saying the debt can be sold, etc etc. I cannot quote that here because this is a different thread. Attached is the thread I originally posted about the loss. Anyone here have some info I what I can do next in this case? I feel I was not given the chance I should have been given.
  12. Alright so I had a judgement entered against me today. I went in confident and hoping that I was gonna walk out a winner but that didn't happen. The PRA attorney asked to speak with me before hand. He took me into a room and said he was going to settle with me. I stated I was not interested in settling and was going to ask for a motion to compel private contractual arbitration. We went in front of the Judge and I asked for the arbitration per my credit card agreement. Showed him my copy of the agreement but he didn't even look at it. Judge looks at me confused and asked me if I knew who owned the debt. I stated that PRA apparently owned the debt but I have never signed any documents with PRA stating that I would pay them for the said debt and could not validate that it was even mine. Judge asked the PRA Attorney to give me a copy of the bill of sale and they made me a copy of it. Now that I come to think of it, at the time my account was opened it was GE Money, that is who I signed the contract with. Synchrony bank took over in June of 2015 but I never resigned any documentation with them so how would that documentation be valid. The PRA Attorney has statements, bill of sale showing they owned it. Judge said that my card member agreement was no longer eligible because Synchrony bank does not own the debt but PRA does and entered a Judgment against me. Then the Attorney still states to me he is willing to settle. Weird if I just had the judgement against me in his favor. Judge said I could file an appeal. I am lost and confuse at this point on what to do.
  13. Ok so I posted here before about being sued by Portfolio Recover Associates. Well I filed my general denial and its been months. PRA sent me some mail saying they had documents and I needed to sent them a written notification in order to obtain them. I never responded to that. Now I have a court date set for this Monday coming up. Does anyone have any recommendations for this? I have my cardmembers agreement that I will take with me and if things go wary, maybe I can ask for the private contractual arbitration as outlined in my agreement? Any suggestions would be helpful.
  14. I was just served this morning with a summons and complaint and need advice on what I need to do next in the State of Nebraska. HELP PLEASE !!! 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.) Mandy L Musta 3209 West 76th Street Suite 301, Edira MN 55435 (Rausch, Sturm, Israel, Enerson & Hornik LLC) 3. How much are you being sued for? $2,365.88 4. Who is the original creditor? (if not the Plaintiff) US BANK National Association. 5. How do you know you are being sued? (You were served, right?) served by Sheriff 6. How were you served? (Mail, In person, Notice on door) Notice on door. 7. Was the service legal as required by your state? Pretty sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember any from Portfolio Recovery . 9. What state and county do you live in? Nebraska Douglas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure. At least 5 or 6 years. However in Credit Karma it shows under PRA opened Mar 18, 2014. (2yrs 7 mos) 11. What is the SOL on the debt? To find out: Not sure 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). Filed and File No provided. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) YES 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. YES 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 . Claiming Defendant used the credit account but defaulted by failing to make payments 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached nothing
  15. 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Weber & Olcese 3. How much are you being sued for? ~$2K 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank but I think it was something before this 5. How do you know you are being sued? (You were served, right?) Summon by process server 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? Nothing that i'm aware of 9. What state and county do you live in? MI 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? 6 years in Michigan 12. What is the status of your case? Suit served? Motions filed? Pending 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? No 15. How long do you have to respond to the suit? only a few days left 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. multiple attachments affidavit of sale of accounts by OC (2 of these with what looks to be the same info but 2 different names) certificate of conformity another affidavit of sale (same as 1st one) this makes 3 of them. exhibit A (Bill of Sale) exhibit A (bill of sale) a sheet of personal info 2 account statements an affidavit I'm concerned about all of the attachments
  16. We were served with a suit today by Portfolio Recovery Associates. Looking for help on a response. The particulars are stated below as I have seen others respond in this manner. We will have two weeks from Monday to respond and we are hoping to eradicate these buggers quickly. Our situation is different from most I have seen in that we had lots of contact with PRA and also RSEIH (the law firm) prior to the suit. Any and all help is greatly appreciated. Who is the named plaintiff in the suit? Portfolio Recovery Assoc, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael J. Garza Rausch, Sturm Israel Enerson & Hornick LLC 3. How much are you being sued for? $4921.95 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A. (Sears) 5. How do you know you are being sued? (You were served, right?) Served 8/27/16 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I think so. 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? Sent a letter to RSEIH (representing PRA) in October of 2014 requesting validation - also included the line in there about the arbitration clause. They did not respond. Then in April of this year they sent us a letter saying we could request copies of documentation relating to our account from PRA. We sent a letter to PRA in June (CMRRR- stamped 6/7/2016) requesting the info. RSEIH responded 8/8/16 with a stack of statements from the Sears card, which they said "establish its validity". RSEIH filed the suit 8/16/2016. 9. What state and county do you live in? Texas, Collin County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) September 14, 2012 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). Suit Served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, with all of them 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. Yes - they sent a stack of statements from the Sears card but that was all they sent 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. none
  17. Hello All: Wondering if anyone can help - we are in Collin County, TX and are being sued by Portfolio Recovery - they have been trying to collect on a Sears account that was issued by Citicards. We found out about the lawsuit because we received quite a lot of solicitations in the mail from attorneys once PRA filed the suit. The suit is filed in a JP court. Today we got a notice on our door that someone tried to serve us with the suit. My question is - do we just call the number and accept the service or do we try to dodge it? I have spent a lot of time searching through the civil public records and a great many of these PRA lawsuits are thrown out due to Non-suit. We have requested validation on this particular debt several times and our requests (all sent CMRRR) all went unanswered to our knowledge. Do we just bite the bullet and accept the documents so that we can start the process of getting it over with? Is there any benefit to dodging the service? This is the only time we have been sued...by anyone. Just looking for help in this process - this will just be the beginning surely. Thanks to anyone who can offer advice.
  18. 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? Rausch, Sturm, Israel, Enerson & Hornik, LLC 4. Who is the original creditor? (if not the Plaintiff) "Account" opened with Dell Financial Services, LLC On the first set of discovery, "the original creditor" left blank. On the second set of discovery, "the original creditor" shall mean Portfolio Recovery Associates, LLC 10. When is the last time you paid on this account? within SOL 12. What is the status of your case? Suit served, being handled in district court, answer turned in, discovery due I've done a lot of reading on the site and I'm impressed by the help given. I haven't been able to find any info about the double discovery issue of mine. I received two, six-page sets of discovery along with my original petition. The first set looks like it belonged to someone else's petition, but had most of my information pasted in. The three big things it had wrong were: there was no original creditor listed at all; they referenced an owed amount that didn't even closely match the petition in the admissions questions; and the wrong county is used above the verification section. The second, six-page set of discovery has those errors corrected and slightly altered the admissions questions, to tailor them more toward the type of account they're suing me over. I'm hoping this error might help me, but I'm not too optimistic about it. Maybe it's what the courts would consider a bona fide error? I have another month to answer discovery, but I'm not sure if I need to answer both sets. They're both labeled "First Discovery Request". Another thing I'm worried about is that the account the lawsuit references is from Dell Financial Services, and their accounts are supposedly different. They're secured accounts as opposed to unsecured. I don't know if the original answers I've seen, shared by texasrocker, apply to this type of account as DFS might be considered an account that deals in goods directly. I'm not sure.... Also, I think it's odd that DFS was mentioned in the original petition, but not in the discovery as the original creditor. PRA is listed as the original creditor in the second of the two sets of the discovery. Would someone please help me get an answer together?
  19. Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay. I called back a second time to resolve the account rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount. They told me they can't settle a judgement because they have to get the court to sign off on it. Again they started to threaten me so I can told them I would have to call them back. I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork. Where do I go from here? Contact PRA? Courthouse? lawyer? I have no issues settling the debt. I really do want the judgement to be vacated. This account shows a total of three times on my credit report. Orginal creditor, collection account and judgement Any help would be very appreciated! Thank you!
  20. Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay. I called back a second time to resolve the account rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount. They told me they can't settle a judgement because they have to get the court to sign off on it. Again they started to threaten me so I can told them I would have to call them back. I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork. Where do I go from here? Contact PRA? Courthouse? lawyer? I have no issues settling the debt. I really do want the judgement to be vacated. This account shows a total of three times on my credit report. Orginal creditor, collection account and judgement Any help would be very appreciated! Thank you!
  21. @texasrockerCould use your help. Same as you've seen by the others being sued by PRA. No supporting documentation of debt. During the time in question, was responsible for care of terminally ill parent so I have no idea where any of my bills are from that timeframe. They are saying they are assigned on behalf of Citibank/Home Depot. We tried to work it out with HD but was too late, they'd already sold the debt. I'm not sure they were the original collection agency or if they bought it from another one. It seems as if I should answer with general denial? yes? Questions: When/How do I ask for discovery? When I return answer to the summons - is a court date set and a certainty? Does the rep for PRA always show up? We're talking about 700.00 (half of which was added in fees/interest) This debt is my husbands but i am going to represent him. Anything special I need to do for that? The firm is Rausch, Sturm, Israel, Enerson & Hornik When/should i mention arbitration? Any help greatly appreciated.
  22. Hello C&C gurus; I need some advice following today's perplexing event. I received a 30 day letter from a JDB requesting my validation of the debt (from a 2006 acct) that the very same JDB turned over to an attorney in 2009 and who was then awarded a judgment in 2010! Since I was not in the US at the time of default judgment, I don't have record of ANY correspondence from the OC, JDB or any notice of process service to provide to them as per their 30D; and why would I even need to do so? I thought I'd seen everything! Can a JDB come back and restart the debt process after a judgmt is entered? Is this allowed under Fair Debt or other collection law? (I think not). Seems like harassment or just plain stupidity. Do they not know they sent this JD account to their atty who got a default judgment? Can I sue JDB for $1000 harassment/or disregard of collection practices or (better yet) can I get the original debt forgiven since I never received anything? This is an account that is, at least, 10 years old. Thanks, Bohey
  23. I have received several letters from different attorney's stating that Portfolio Recovery Associates has filed in civil court against me. I have not been served yet, but I think the process server tried to do so earlier. I work from home so I do not answer the door when it is someone I do not know especially when I am home alone. They are suing me for a care credit account that was assigned to them for collections in Jan of 2014 for $928. I looked at my credit report and last date of payment to care credit was 5/2013. Can you please tell me how I need to proceed? I live in Harris County, TX (Houston). Do I need to send them a debt validation letter?
  24. Hello Everyone I firstly wanted to say THANK YOU ALL for this amazing forum. Because of you guys I now have the knowledge to take on these jerks! I'm in the discovery phase of my case, and I wanted to check with you all on the wording of my documents and also get help with being 'disrespectfully respectful' in my interrogatories haha. This is actually the second time PRA is suing me for the same debt, which I wasn't sure they could do because of res judica. But because they just sell it to other JDB's apparently the cycle can just continue on and on. Blehhhhh. So in my answer to PRA, I chose to deny everything. I also didn't give any affirmative defenses. For the Request of Admission, I denied all the allegations because they haven't proven standing/ownership of the account. All they sent were billing statements with my name and former address showing a payment that was made on 11/25/2012, along with one other billing statement with the new outstanding balance. From what I'm seeing, this is pretty standard for some cases, as that's usually all they have. I already sent a BOP Via CMRRR and that's what they sent me in response (two billing statements), even though I also asked for the contract that proves their ownership of the alleged debt and so far have received nothing. I'm working on my own Discovery and would like to send it at the same time as my responses to their Discovery. I still have two weeks before the deadline but If I can get this done I'll send it first thing Monday morning. Here's what I have for my Response to Request for Production of Things: Their requests: 1. All correspondence, whether original or copies, sent by you to Plaintiff PRA or to GE CAPITAL RETAIL BANK and/or to any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxx 2. All correspondence, whether original or copies, sent to you by plaintiff PRA or by GE CAPITAL and/or by any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxxx 3. Copies of each canceled check, money order receipt, bank account debit and other similar evidence of payment for the last payment made by you or which was made on your behalf on your former credit account number 60xxxxx with GE CAPITAL. (If you cannot find a copy of the last payment, send a copy of the last payment you are able to locate. 4. Any and all documents supporting the affirmative defenses alleged by you in this action 5. Any and all documents supporting any and all of your general or specific denials of PRA allegations in this action. RESPONDING PARTY hereby answers PROPOUNDING PARTY’s Request for Production: RESPONSE TO REQUEST FOR PRODUCTION NUMBER  1   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   2   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present those documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   3   : Objection. Over burdensome and oppressive. Locating such documents will cost $20/hour for bank to locate evidence of payment among over four years of bank records, as well as the incurring costs for copies of each statement. RESPONSE TO REQUEST FOR PRODUCTION NUMBER   4   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request because defendant has none, as no affirmative defenses were given. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   5   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request defendant has none. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time The tricky part for me is answering their interrogatories without giving them any ammo. Their Interrogatories: 1. Did you ever submit a request for a credit account to GE CAPITAL RETAIL BANK? 2. Did GE CAPITAL issue a credit account number 60xxxxxx in your name? 3. State the approximate date you opened the credit account (for the purpose of these interrogatories, the credit account shall mean credit account issued to you by GE CAPITAL account number 60xxxxxx). 4. Identify (for the purpose of these interrogatories, identify shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possession of any credit card for the credit account. 5. identify each and every person who you ever authorized to use the credit account 6. did you use the credit account? 7. Is $1,5XX.XX, the amount set for in the complaint in this case as the sum owed as of January 19, 2016, your balance due as of that date on the credit account? 8. If you do not agree that $15XX.XX, the amount set forth in the complaint in this case as the sum owed, is your balance due as of January 19, 2016 on the credit account, state all facts upon which you base your denial that the sum of $15XX.XX is your balance due as of January 19, 2016 on the credit account. 9. Did you ever report to GE CAPITAL (for the purposes of these interrogatories, GE CAPITAL shall mean and refer to PRA and/or its predecessor, GE CAPITAL, and/or any collection agent or agency purporting to represent PRA or GE CAPITAL, as to this account) that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE CAPITAL or PRA that there was any problem with the credit account which problem remains unresolved? 11. Did you receive periodic statements from GE CAPITAL regarding the credit account? 12. State the approximate date of your last payment to GE CAPITAL on the credit account. 13. Have you ever corresponded with GE CAPITAL in writing regarding the credit account? 14. Have you ever corresponded with PRA in writing regarding the credit account? 15. State all facts upon which you base your denial of the complaint in this action. 16. State all facts upon which you base each affirmative defense to the complaint in this action Here's what I have so far for my response to their interrogatories: Interrogatory 4: N/A Interrogatory 5: N/A Interrogatory 9: Objection. Argumentatuve and lacking in foundation, as this question assumes facts that are not in evidence. There is nothing in the record that supports the claims made in Plaintiff's question, and these claims cannot be assumed without unfairly prejudicing the Defendant. Interrogatory 10: OBJECTION Argumentative and lacking in foundation, specifically that any such billing statement was received. Again, thank you all from the bottom of my heart for creating this site. I can't thank you enough!