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Found 435 results

  1. I was served last week by Portfolio Recovery/Synchrony, in Texas. I have completed my answer to file next week. I am going to submit my MTC as well. The link to my original post is at the end of this post. Thank you to everyone who will take time to read and respond. I am at the point of pulling my hair out. In the SAMPLE MTC, under #2 it claims I will have already sent a Notice of Arbitration Election to PRA/Lawyer before I file my MTC. I have found a NOTICE OF ARBITRATION ELECTION (provided below) For those who have used arbitration is this the steps you have taken? In most of the post I have read I have not read anything about anyone actually sending a Notice of Arbitration Election prior to filing an answer and the MTC. I just want to make sure I am doing this right. I have to give it 100% to fight this and I don't have room to mess it up. Also, do I wait until arbitration is granted to request they pay all fees? ------------------------------------------------------ Sample MTC (Note that is Sample is to show you an idea of what an MTC should look like. Never Copy/Paste this directly into your motion. Adding case law from your own state is a good idea) MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). ----------------------------------------------------------- NOTICE OF ARBITRATION ELECTION Pursuant to Capital One cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes. As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to pursue that claim in court or before a judge or jury." The agreement further states, "You or we may elect arbitration under this arbitration provision with respect to any claim, even if the claim is part of a lawsuit brought in court." As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. ___________________________(Your Name Typed) Certified Return Receipt #_________________________ -------------------------------------------------------------------------------------------------------------------------------------------- Here is the Synchrony agreement: RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. •  What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. 3No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITHANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.
  2. Looking through the forums, it seems that PRA is on a roll this month. 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? $6071 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 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 9. What state and county do you live in? - Indiana, Hendricks 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: 10 Years Statute of Limitations on Debts 13. 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). Pending 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? 20 days after service- have about 2 weeks left. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Summons, e-file appearance paperwork, complaint, very generic bill of sale from Capital One, a page of a statement from 2016, an affidavit of debt. I have two questions on this one: 1) There was no cardholder agreement included in the court papers. I'm having a hard time even finding one online for Capital One in 2013. If I do find one, can I include that in my response, as well as a motion to compel arbitration? 2) The Indiana state website took me to a small claims court page, which lead me to a handbook page. ( https://www.in.gov/judiciary/files/small-claims-manual.pdf ) The handbook says that small claims can only be filed up to $6,000. Should I do anything about the fact that I'm being sued for more than the maximum amount?
  3. Hello, I just found out from my mom that two different process servers have been to her house to serve me. I moved out about 3 months ago ( I have not done a change of address) so she tells them "No one by that name lives here". So I can only assume that may be the reason they do not leave the court papers at the door, and it may also be that she answers the door through the RING doorbell. I live in Little Rock, AR, so I was able to find the summons and complaints online. I found out that Midland and PRA are suing me for two credit cards I defaulted on when I was laid off my job. I just checked my credit report, and all it states is that it was "Charged Off" and not sold. The evidence that they submitted is a bunch of card statements with NO account numbers on them, and also some notarized document stating that, and i am paraphrasing "Someone who works for PRA is a record keeper, and is telling the truth that I OWE them this debt" So I am needing some advice on what to do, I do want to answer the lawsuit, but I am at a lose on what to do. Don't they have to prove that they really bought this debt? Oh also want to add that my sister is being sued by some lawyers who claim to represent Capital One. She also looked at her credit report and it states that it is charged off.
  4. I am in a mess and need help please. I am a single grandmother and I've had posession of my grandchild for over a year now. She is six, nonverbal and autistic. For the past few months I have been persuing custody of my grandchild due to her parents drug addiction. I don't have the money for a lawyer and CPS dumped everything in my lap to handle alone and told me to file for custody so without any help I am attacking this pro se. This is my grandbaby and I am doing what I have to do for her. That being said this is a horrible time to be sued, not that there is ever a good time. I was served on 02/22/19 and I am terrified to be dealing with two seperate court cases pro se at the same time. I have read the forums for many hours the past couple of days and it seems the more I read, the more confused I get. I would greatly appreciate any help and advice I can get. I know already that I am judgement proof in Texas due to my income being Social Security Disability and SSI. I live off less than 800.00 a month and I don't have money for legal fees. I know PRA could care less about my situation but this is the best place I have found on the internet for help. Thank you for even taking the time to read this. 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.) Rausch Sturm (Attorney listed is Jesse Dow Lockhart) 3. How much are you being sued for? 7251.80 plus court cost, interest, and attorney's fees. 4. Who is the original creditor? (if not the Plaintiff Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served at Residence 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? Rains County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? October 2015 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? 14 days (March 8, 2019) I'm not sure since it was after 5 pm on Friday if I would have until the following Monday. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO 17. What evidence did they send with the summons? None. Served with Original Petition only. 18. How did you find out about this site? Internet search.
  5. Hi All, The details of my suit is as follows: 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.) Rausch, Sturm 3. How much are you being sued for? $3,XXX.XX 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Papers 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? 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, Harris County 10. When is the last time you paid on this account? Not sure. Claimed to be September 2017 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? None I have been reading a bunch on this website and will sending my initial response to the suit by the end of this week hopefully. I have taken the advise of @texasrocker on filing a general denial answer.
  6. Hello, I am new to this forum and so glad I have found. I have been reading through the board but havent been able to go about filing my arbitration. I was served papers back in April for a court date of 8/3/2018. I decided to call the company and settle. I wish I didn't after finding about this information later. I have made one payment to Portfolio recovery for this account from Synchrony bank. Am I still able to file arbitration? When i check the court records online it says a copy of the judgement was sent to both parties but I never received it. How do I go about this. I also have another account with portfolio recovery services for synchrony bank/walmart. I haven't been served papers for this as yet. Can I go ahead and file arbitration for this? Also, how do I find a copy of the consumer agreement? I do not have any old statements. Is it possible to do so online. Any information would gladly be appreciated. Thank you
  7. 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets, LLC (PRA) 2. What is the name of the law firm handling the suit? Portfolio Recovery Assets, LLC (PRA) Arika B Hover Michael N Chalhoub Jacqueline E Ligas 3. How much are you being sued for? 2,337.12 4. Who is the original creditor? (if not the Plaintiff) CitiBank N.A. 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person Delivery 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? Received Letter in mail stating Pay us or we will sue. 9. What state and county do you live in? Maricopa County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 10 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Feb 14, 2013 12. What is the SOL on the debt? To find out: 6 years 13. 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 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. Initial Letter Threatened legal action and then some time later Summons arrived. 16. 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? 20 days from being served. Complaints list: 1. Plaintiff is a Delaware LLC with its principal place of business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502, and is authorized to do business in Arizona 2. Upon information and belief, the Defendant is a resident of Maricopa County and reside within the Justice Court precinct where lawsuit has been filed. This Justice COurt precinct has legal authority over the subject Matter of the claims and over the Defendant. 3. Defendant Jane/John Doe, if any, is a fictitious Defendant named for the purposes of binding the marital community of any named Defendant. 4. Defendant opened a credit card account with CITIBANK N.A./CITIBANK, N A. 5. Defendant, or a person authorized by Defendant, used said credit card account, making charges, to purchase goods and/or services or to obtain cash advances. Pursuant to A.R.S 44-7803, the defendant is/are liable for all charges and interest incurred on the credit card account the defendant o any applicable authorized user. 6. CITIBANK, N A /CITIBANK, N.A regularly sent account billing statements to Defendant, which included the amount due and owing on the account. 7. Upon Information and belief, Defendant made no objection to, and did not dispute with CITIBANK, NA. CITIBANK, NA, the amount due and owing on the account, as provided in the regular account billing statements. 8. Defendant failed to pay the amount due and owing on the account as agreed, leaving a balance of $2,337.12 due and owing on the account. 9. Plaintiff thereafter took an assignment of the account in good faith, for value, and in the regular course of business. 10. Defendant are indebted to Plaintiff in the Principal amount of $2,337.12. 11. Plaintiff demanded that Defendant pay the amount due and owing on the account and Defendant refused or failed to do the same. 12. Upon Information and belief, there are no unknown payments, offsets, or other credits as of the date of this filing. Wherefore, Plaintiff prays for Judgment against Defendant, both separately and as a community, if applicable, for the amount stated above, together with costs incurred pursuant to A R.S 12-341, and such other relief as the Court deems just and proper. Plaintiff waives all post charge-off interest in this matter. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached No Evidence or exhibits. Attached to Summons is simply their complaint. There is no account number provided or anything. The amount they claim owed is different than the value that Citibank Charged off. For Extra clarification. I had begun the process of settling this debt with another Collector who reached out on a Settlement offer. This other Collector actually has the proper amount as charged off by CITIBANK and account number etc. This immediately raises a lot of questions as it seems like CITIBANK has sold the debt to apparently multiple collectors. What recourse do I have when I am in the process of settlement with another when Portfolio Recovery comes charging in with a lawsuit?
  8. Hi! Thank you for putting this site together. I have never been sued. I have looked through the posts on this site but I am still very confused on how to reply to the Summons Complaint. I would like to create a post that is clear and detailed on how to address this Summons in the hopes of assisting anyone else facing the same. Please help. I think I would like for the Plaintiff, Portfolio Recovery Associates, to drop the case. I am not sure how to proceed. If I can't get them to drop the case then settling for a smaller amount to pay them is my second hope. I am unemployed. I do have all the pages of the Summons & Complaint scanned and can upload them if needed. The Summons was served at my door and I have 30 days from 08/18/16 to respond. I do owe the money but it was owed to Capital One Credit Card. I would rather not pay the amount since I am unemployed but if I have to I would like to have to pay a lot less. I would also like this to go away as easily and painless as possible. I would rather not have to go into the Court House. Please tell me in detail the steps I should take. The following are my beginning questions; -Do I want to challenge the Plaintiff by requesting they supply proof I owe them the money in the hopes of them not wanting to put that much effort into the case or do I want to request Arbitration or should I submit something else? -What do I send in reply to the Summons, what does it look like and what should it say? -Do I send my reply USPS Certified with tracking and proof of delivery? -Is the Summons and Complaint valid and done correctly? Is there anything about this Summons and Complaint that says it's an easy win for me? I noticed that others have posted specific questions and answers to help assist so I am supplying that info as well; 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. 3. How much are you being sued for? $1967.00. 4. Who is the original creditor? (if not the Plaintiff) Capital One. 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person. 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? By mail by Portfolio stating they will open a case. 9. What state and county do you live in? California, Orange County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014. 11. What is the SOL on the debt? 4 years on credit cards. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons and Complaint, waiting to respond. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not. 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 have not. 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 from 08/18/16 (day served), They did not include a questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Affidavit. Included Exibit A which is a copy of a Statement from Capital One from Jan 2014 showing I made a payment and Exibit B which is another Statement from Capital One showing I did not make a payment for Feb 2014 and also an attached document that states "Your Account Has Charged Off, it is now being serviced by the Recoveries department, call 1-800-###-#### if you have questions about this notice." with no other information on that document. No Contract. Please help me and others by explaining to me step by step what I should do now that I have been served. Thank you all!
  9. Hello Folks, While viewing my free credit reports I see that one of the agencies shows Portfolio Recovery Assoc, LLC as in collections. I am in the midst of Warrant in Debt litigation (in Virginia) with PRA on an alleged Capital One credit account. Why do I not see Capital One listed in my credit report? Has PRA completely and/or LEGALLY taken the place of Capital One so that the original debt will no longer be reported with the reporting agencies. Is PRA in violation of the Fair Credit Reporting Act and/or the Fair Debt Collection Practices Act? Can I now submit that credit report as evidence that the Capital One account has been closed? I have other concerns regarding defending myself in this matter. Looking for a "coach" to walk me through it all. Thanks. Coach Mac
  10. 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.
  11. 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.) Cameron White 3. How much are you being sued for? $1398.76 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served 5/11/16 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? None 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2014 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?) 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. none
  12. 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?
  13. 1. Who is the named plaintiff in the suit? Portfolio Recovery Group LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hyatt & Hyatt& Landau 3. How much are you being sued for? 1457 4. Who is the original creditor? (if not the Plaintiff) Webbank, Blustem Systems 5. How do you know you are being sued? (You were served, right?) Was served on May 20th 6. How were you served? (Mail, In person, Notice on door) in person at my home 7. Was the service legal as required by your state? yes 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? they mailed two letters of debt collection. 9. What state and county do you live in? Sarasota County, Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec, 2014 11. What is the SOL on the debt? To find out: 4 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). Set for Pre-Trial Motion 6/8/2016, I filed a motion for production request, Portfolio filed a Affidavit of personal knowledge 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. 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? I am assuming I don't need to file a response since it is a pretrial mediation set up. I received no questionnaire or no information about answering this only a pretrial mediation setup. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There was 7 credit statements and one was a duplicate, thats all that was in the Statement. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Just wondering if anyone out there can give me some advice on my case. I have been served on the 20th of May and I then filed a motion to produce evidence. At this point the Hyatt and Hyatt filed a Affidavit of personal knowledge by some Custodian of Records. How should I handle the next step. Should I file a motion to subpoena the person to have him there at pretrial or should I do that at pretrial. I am a real rookie here and desperately lost. I have read all the arguments about 3rd party debt collectors and how to fight them but some more advice would be great. Also Happy Memorial Day to all. Thanks in advance for any help.
  14. I have been served by Portfolio Lawsuit for collection of a credit card debt. I am looking for help in responding to the lawsuit in Brazoria County Texas. I just can't afford an attorney for the fees they are asking at this point in time. Any help would be appreciated. Thank you, Patrick
  15. @BV80 @debtzapper Howdy.... I am back albeit briefly. Since I posted here last I have found out that my dad has terminal cancer. We are trying to make up for lots of lost time...and still won't get enough. That is nothing the board can help with. What I do need help with...I have two accounts with PRA that hit and I wasn't able to focus and fight them...and lost. I have paid them in full about 45 days ago and they are still on my CR as open but showing a $0 balance. Shouldn't they change to paid or closed or something? Thanks in advance for your help/concerns.
  16. Looking for some assistance on what to do. Back in April I filed my General denial not requesting arbitration, kind of forgot about everything and then got a letter in the mail saying I have court coming up on Monday the 7th of November. I have my member agreement showing I can use arbitration but what I want to know is if they don't back down how do I request for the private arbitration as stated in my card members agreement. Any help would be great. I would like to know how to write out the Motion to Compel Private Contractual Arbitration and what how to file it when I do go to court on Monday. I am in Dallas County, JP Court.
  17. Am new to this site, apology in advance if I am not initially following the "norm", am a quick learner. Have reviewed many threads for dealing with Portfolio Recovery with Forster garbus and garbus, regarding JDB tactics. Received complaint from Portfolio last month. Following many on this site, I responded to the complaint with denials as PRA has provided nothing to substantiate debt nor agreement with debtor. Court date is schedule in October 2016. This week received request for admissions as well as First Set of Interroggatories. Not surprisingly, many of the lines used are repeated in other states threads on this site which implies this is still in semi automated phase. Little background: Amount JDB looking to collect 750.00 State filed NJ Special Civil Part Complaint filed/ Response filed in time at courthouse with copies certified to PRA Initial assessment of both requests is leading and trick questions I should be VERY cautious to respond. Looked into Jams as option based on threads by Bruno the JDB Killer but it appears the credit card agmt with US Bank allows for arbitration but only if the amount exceeds the limits of small claims courts. In this case, it does not, so am I correct in assuming I will have to continue with this current charade until our October court date? Am I understanding the arbitration agreement correctly? See link below: https://applications.usbank.com/oad/teamsite/usbank/docs/FR006213482_05_USBHEALTHCARE.pdf?locatio Assuming I cannot elect JAMS at cost of $250 verified in JAMS consult today, can someone offer example responses to these BS interrogatories and admissions after the complaint response I sent clearly stated there is nothing to substantiate any claims (PRA provided nothing in original complaint) Here are some of the questions that seem perplexing to me: State the address (es) at which the defendant resided in the last 10 years? (what's with this? address is the same for last 20, but why are they asking and am I ok to state same as addressed on complaint?!) Does the defendant acknowledge that defendant entered into an agreement with Portfolio recovery Assoc, LLC assignee of US bank National ASssoc? (NO!! I will not acknowledge as burden if proof is on them! So is there a basic denial or objection I can use? Did defendant at anytime receive any written communications from Portfolio Recovery Assoc LLC assignee for US Bank National Assoc? (yes, they have sent recurring notices that I owe this debt but I ignored as I did not recognize. Note: I did not ask for validation in time. So do I say yes I got your robo form notice with little data? the only other written communication was the initial complaint with the courts! If the response to Rog 5 is yes, identify the written communication recieved and produce true copies. (the true copy of the initial complaint is all I have outside of this latest bs) Did defendant ever receive monthly payments from portfolio recovery ..... (Outside of a the vague robo produced debt collection notice I got nothing) if answer is yes>>>>>> Did the defendant ever make any payment to portfolio recovery....? (no none ever made because I didn't know wth this debt was for) ADMISSIONS ARE AS FOLLOWS: You applied for credit privileges or took money advances under a credit card or line of credit or promissory note loan with portfolio recovery a$$ llc assignee of US Bank National Assoc. (Why would I answer this when my complaint clearly stated they provided nothing to substantiate this debt? Its like they are just trying to infuriate me with bs questions they know THEY have to answer!) You were extended monies under portfolio recovery.,.... (no I was not ever) You are person authorized by made purchases and or received cash advances or took money advances under a credit card or line of credit or promissory note with portfolio recovery.... (where is the proof assholes?) You received monthly statements concerning portfolio recovery assoc......specifying previous balance new purchases payments finance charges minimum payments new balance or line of credit promissory note. (NEVER) You promised to repay for the monies extended by portfolio recovery assoc.....(I never met, spoke, signed, called, paid portfolio anything!!) You did not contest the amounts reflected on the monthly statements within 60 days as provided by law. (Am lost on this one. WHo are they referring to?) This sum alleged to be due and owing on portfolio recpvery....in this complaint is accurate. (I have NO idea of accuracy) This balance due as set forth in the last monthly statement sent by portfolio recovery a$$...before referral to collection in the amount of 750 is in fact due and owing. (are you kidding me?) Last, because the amount is so small, I understand interrogs in special civil are limited to only 5 questions....this I assume is once we get to court proceedings? I did not file a motion to dismiss for lack of standing, any recommendations at this stage? Do I file for interrogatories and use exactly what they sent me? Do I send admissions same time as they did me and what might I want them to admit outside of being aggressive AHs. Do I send a request for documents? and are any of the above to be filed with the courts prior to the court date? as I see it they do not, and exchanges will go back and forth for the next 2 months until the court date or one does not respond in timely fashion. trying to stay cool, but after taking days to get the response to the original complaint together and then getting over the anger of knowing how much time I have to spend with this when they bear the weight of proof, well, its a headache for sure. Bruno if you're out there, I'd love to hear from you. anyone else with similar experience, I look to your advice. I have to respond to these in less than 14 days, all responses will be appreciated!
  18. I'm looking for an example of a discovery request in a credit card debt suit filed by Portfolio Recovery in JP court in Texas. I have already filed a answer to the suit and am preparing for the hearing.
  19. 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
  20. 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.
  21. Hello, We switched to Vonage a couple years ago and since then, have gotten calls from Portfolio Recovery Associates almost daily. We've never once answered their calls, and only recently did I bother to look up what they were. I'm assuming they're trying to reach someone else - if it were me, I imagine I'd have seen mail, since we've lived at our address much longer than we've had the number. Given that they started calling immediately after we got the Vonage number, I'm inclined to ignore it and am thinking of just changing my VOIP number. I don't want to talk to them, for fear of getting them off my back means giving them information about me that they can use to their advantage. I hate to ignore something like that, but I don't have any way to confirm that I have any outstanding debt that they could have purchased without actually talking to them (and risk becoming responsible for someone else's debt, or having to fight a legal battle for nothing). Any thoughts?
  22. 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
  23. 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 are asking for. Then continues to sue until it's fully paid for. Is it better to contact them and pay the debt or fight it out in court? I really don't have the money to hire a lawyer. The amount they claim I owe is $880. Anyone have any advice on this and has anyone ever won against this company or settle the debt with a success? portfolio recovery lawsuit.pdf
  24. 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 original creditor was Orchard Bank and of course Portfolio Recovery purchased the debt from them. They have filed against us within the SOL so no luck there. Attached to the summons is the following (paraphrased); --Complaint with 8 points-- 1-This is an action for less than $5,000 2-Defendant obtained an Orchard Bank/Capital One credit card 3-Plaintiff is successor of account having purchased it (see exhibit A) 4-Defendant made purchases and charges on account then failed to make monthly payments and failed to object to the balance owed resulting in sum of $1,400. 5-Plaintiff has declared Defendant in default and demands payment. Defendant has refused demand. 6-Defendant is indebted to Plaintiff for $1,400. 7-All conditions precedent to this action have occurred. 8-Pursuant to rule 2.516, Plaintiff designates the following email addresses for the service of all documents and it goes on to list several lawyers email addresses. Wherefore , Plaintiff demands judgment against Defendant for $1,400. --Exhibit A-- Affidavit signed by the "custodian of records" for Portfolio Recovery --Exhibit B-- Statement of Account It states the Issuer as Orchard/Cap 1. The assignee as Portfolio Recovery. Thedate the account was opened, date of last payment, date of charge off. Balance of $1,400 Purchase date and that we have made no payments to them. --Exhibit 1-- Bill of Sale This is the document that transfers ownership of the account from Cap 1 to Portfolio Recovery. It is signed by a VP of Cap 1. The price that Portfolio Recovery paid and the "Sale File" are blacked out! Interestingly the card we had was an Orchard card. Not sure if that makes any difference. --Exhibit 2-- Exactly the same document as Exhibit 1. It also has two photocopied pages of an account statement from Orchard bank showing that we owe $1,400. --Civil Cover Sheet-- This is just a cover sheet (why it's the last sheet in the summons I have no idea). It basically says that they are suing us in civil court for "contracts" and that they don't demand a jury trial. Our objective is to settle this for as little as possible and/or to get the case dismissed if possible. Neither one of us has ever been to small claims court before and hiring a lawyer is not really an option for such a small amount. Any help and advise is much appreciated and I would be happy to answer any more detailed questions. thank you, --InDebtinFL