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Found 33 results

  1. Hi all, I really wish I had come across this site sooner than my deadline (tomorrow) to respond to the interrogatories, production, and admissions because I would have been able to sift through more responses here. Would anyone be willing to review what I have answered (many from this site, thanks!) and help with some answers that I have left out? I lost some steam and ideas to respond with around #8. I've "beat" the rent a lawyer from this office once in small claims and had a case dismissed but this one is large enough to be in Civil Court and I don't want to shoot myself in the foot so to speak. STATE OF VERMONT SUPERIOR COURT ) CIVIL DIVISION WASHINGTON UNIT ) DOCKET NO. Wncv ) Name ) Defendant, ) ) v. ) ) PORTFOLIO RECOVERY ASSOCIATES, LLC ) Plaintiff DEFENDANTS RESPONSE TO FIRST INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUEST FOR ADMISSIONS Defendant, (name), pro per, pursuant to V.R.C. P 33 and 34 responds to first request within thirty (30) business days of service. INTERROGATORIES Identify the person(s) who prepared and or assisted in any way defendant's answers to these interrogatories. Answer: Myself, (named) 2. State your full name, current address, and work address. Answer: Stated name, current address, OBJECTION: The information sought is improper as it goes toward post judgment remedies. 3. For each response to Plaintiff's request for Admission that is other than an unqualified admission, identify each fact to support defendant's denial or other response, identify each person who witness or otherwise has knowledge of such facts, and identify each document evidencing, constituting or otherwise relating to such facts. Answer: OBJECTION: Defendant's responses will be adequately detailed in the answer to the plaintiff's request for Admission. Defendant is not required to refute the plaintiff's claims; the plaintiff is required to prove them. 4. Identify all persons with whom defendant has communicated with relating to the subject matter of this litigation and the subject matter of any such communication. Answer: OBJECTION: relevancy to the litigation. 5. Identify any individual that the defendant is aware that has knowledge of the facts and circumstances of this case. Answer: OBJECTION: relevancy to litigation. 6. If you have lawsuits pending in which you are either a plaintiff or defendant, kindly state the following for each, name of lawyers, parties, nature of claim, date of incident, status of case where (name of court) suit is pending; any lawsuits against you personally, include all details; any payments to other creditors by defendant, details of dates and amounts, whether under other court orders and whether you have ever filed bankruptcy. Answer: OBJECTION: relevancy. Defendant is not aware of any lawsuits currently pending and has not filed bankruptcy. 7. Kindly list each and every address wherein you reside from Jan 1 2006 to the present. Answer: Defendant provides the following addresses: (listed) 8. Please list each and every person who you authorized to use with is the subject matter of this litigation, state whether you gave that person possession of your credit card Synchrony Bank Walmart credit card account ending in 0522, list that date that you revoked that persons authorization to use the credit card account. Answer: 9. If you claim that you filed a written dispute with Plaintiff, about any items appearing on your monthly billing statements, please provide the date that you sent the written dispute; the address that you sent your written dispute to; a description of you dispute; the name of the person or entity that you sent your dispute to; whether you received a response to the written dispute; and what the outcome of your dispute was. Answer: OBJECTION: the lack of any objection by a defendant does not prove the plaintiff's case of Account Stated. 10. If there are any payments which you allege you have not been credited for, please list each payment by date, amount, and payee. Answer: At this time defendant is not aware of any uncredited payments. 11. If you claim that you are not responsible for the amount claimed in the Plaintiff’s complaint, please identify the person or entity that you feel should be responsible for paying the amounts charged to your credit card account. Answer: DENIED to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven. 13. Please state all the facts supporting each defense that you are not responsible for the Synchrony Bank Walmart credit card account ending in 0522 balance upon which the plaintiffs claim is based. Answer: DENIED to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven. 14. Please identify all documents,, correspondences business entries, or other writing that you will be relying on for you defense of this claim. Answer: DENIED, as stated, above, to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven 15. If you will be relying upon any verbal communication for your defense of this case, please provide concise statement of the substance of each such verbal communication and state the name and address of the person making such statement. In your answer indicate what that person(s) connection is to the Plaintiff and/or to defendant. Answer: Defendant does not have a record of verbal communication at this time. 16. If you dispute any of the charges to Synchrony Bank Walmart credit card account ending in 0522, which is the subject matter of this lawsuit, please identify each charge, the amount of the charge, and explain why this is not owed to the Plaintiff for these charges. Answer: DENIED to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven 17. If you dispute the interest rate to Synchrony Bank Walmart credit card account ending in 0522, which is the subject matter of this lawsuit, please identify the disputed interest rate, the first date that the defendant disputed the interest rate, why the defendant believes the interest rate should be different, and what the defendant feels the correct balance due is with calculated interest. 18. If the defendant disputes the over limit charges please explain, identify and itemize all of the over the limit charges that are to be disputed for the Synchrony Bank Walmart Credit card account ending in 0522 ending in 2183. 19. If anyone investigated this matter for you, state their names, address, and state whether such investigation was reduced to writing. If said investigator obtained any signed statement or recorded statement, identify the person who gave the statement and give a brief synopsis of the statement. 20. Do you receive any exempt income? 21. Are you employed? If yes please provide the average weekly or bi weekly salary. 22. Do you own real estate? If yes please provide the form of ownership (Tenants by the Entirety, Trust etc) 23. If the defendant owns real estate in any form please provide the amount of equity that the defendant has in the real estate. 24. Please identify each individual that you intend to call as a witness in this action and please provide a brief description of the nature of their testimony. 25. Please identify any and all expert witness the defense intends to call and please provide a brief description of the nature of their anticipated testimony. REQUEST FOR PRODUCTION Identify and produce copies of documents that show use of and payments made on Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available. 2. Identify and produce copies of documents that provide payments made on Synchrony Bank Walmart credit card account ending in 0522. If in the form of a check please produce copies of all checks used to make payments on the Synchrony Bank Walmart credit card account ending in 0522. If in the form of a money order please produce copies of all money orders used to make payments on the Synchrony Bank Walmart credit card account ending in 0522. If payments were made electronically over the phone and authorized EFT and /or ACH payments please produce copies of Bank Statements evidencing payments made on the Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 3. Identify and produce any documents that relate in any way to any dispute as to charges, account balance, over the limit fees, late payment fees, and interest rates on purchase and/or cash advances pertaining to the Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 4. Identify and produce any documents relative to Request 3. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 5. Identify and produce all documents that are admissible to show that defendant is not liable to the Plaintiff for the amount of the damages the Plaintiff claims for Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 6. Identify and produce each and every document related to defendants source of exempt income if any. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 7. Identify and produce documents that relate in any way to any witnesses Defense intends to call to testify at trial. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 8. Identify and produce all documents that Defense intends to use at trial. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 9. Identify and produce a copy of a Deed to any real property that the Defense owns. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available REQUEST FOR ADMISSIONS That the defendant obtained a credit card from Synchrony Bank walmart credit card account ending in 0522. NO. 1: DENIED to the extent that no application was attached hereto for evaluation. 2. That defendant has not disputed having Synchrony Bank Walmart credit card account ending in 0522. NO. 2: DENIED to the extent that no admissible evidence establishing use of the unproven account was provided for evaluation. 3. That defendant currently resides at 182 VT. NO. 3: DENIED. The address provided in the request is not the defendant's address. Defendant’s address has been correctly provided in the Interrogatory. 4. That defendant previously resided at VT. NO. 4: ADMITTED. Defendant previously resided at VT 5. That defendant received the notice from the original creditor Synchrony Bank that Synchrony Bank Walmart credit card account ending in 0522 was sold to Portfolio Recovery Associates LLC on 6/22/17. The notice is dated Jun 30 2017 NO. 5: DENIED. 6. That the defendant used and made payments on a Synchrony Bank Walmart credit card account ending in 0522. NO. 6: Admitted in part to the extent that no liability for any such payment has been established, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidence establishing ownership or liability. 7. Each month received monthly billing statements credit card account for defendants Synchrony Bank Walmart credit card account ending 0522 at the address of VT 05602 and (address). NO. 7: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 8. The monthly billing statements show a monthly credit transaction on the Synchrony Bank Walmart credit card account ending in 0522. NO. 8: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 9. The monthly billing statements also shows the accumulated balance due on the Synchrony Bank Walmart credit card account ending in 0522. NO. 9: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 10. The monthly billing statement shows the interest charged on the Synchrony Bank Walmart credit card account ending in 0522. NO. 10: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 11. That defendant never sent a written dispute to the Plaintiff concerning any items appearing on the monthly billing statements for the account Synchrony bank walmart credit card account ending in 0522. 12. Defendant did not protest any items appearing on the monthly billing statements for the Synchrony bank walmart credit card account ending in 0522 because defendant (is accused) to be responsible for the use of the account and the amount due and owing. 13. That there are no payments made by you or anyone else on your behalf for which the Plaintiff did not credit the Synchrony Bank Walmart credit card account ending in 0522. 14. You were making payments, but at some point you stopped making your monthly payments on the Synchrony Bank Walmart credit card account ending in 0522. 15. Your last payment on your Synchrony Bank Walmart credit card account ending in 0522 was on January 12, 2016 in the amount of $158 16. You never made another payment after January 12, 2016 17. That you owe the amount claimed in the Plaintiff's complaint, $6098.78 plus costs. 18. That there are no disputed material facts requiring a trial. 19. That you admitted being the card holder of the Synchrony Bank Walmart credit card account ending in 0522 in the answer to the complaint.
  2. Received summons from Portfolio Recovery for pre-trial mediation. I read up on a forum from 2013 about proving ownership of debt. With summons I received: pages: 1. Served page 2. Right to venue 3. Complaint for damages and on this page account stated count 1 #1-3 nothing unusual #4 capital one has assigned the subject account and plaintiff is the owner of debt. 4-5. old capital one statement 6. Your account has charged off from capital one. 7-12. Old capital one statements. There is absolutely nothing that shows they own the debt. Went to mediation today and asked the mediator for proof of ownership. He did not have anything, not even a copy if the summons. I told him I do not owe Portfolio Recovery because I am not under contract nor do I have proof they own the debt. He asked if I wanted to go to trial to get that proof? I said yes. Of course sent to judge for trial set up. I told judge I do not owe Portfolio anything. Judge said you are denying oweing Portfolio Recovery. I said yes. He then asked if I deny owning capital one and I said no. He then set up trial for May and set it for 15 minutes. Now what do I do. Also I have been unable to work since May 2015 and made my last payment to capital one in May 2016. I am on disability and that's my only income and that is the reason I could no longer pay Capital One. I don't know if it helps but I have 35 different phone numbers that I have blocked from Portfolio Recovery after I told them numerous times Do Not Call me. I just need to see what I need to do next.
  3. Hi all, Thank god for this forum. I received a summons from Portfolio (via bike messenger at 9pm) on behalf of my fiance in Oregon. She's being sued by PRA for 1500 dollars that she owed to Citibank. It does appear on her credit, and has for some time. At this point, she has 30 days to respond or they get a default judgment, which seems to be their entire business model. Here's my problem: we have no idea how to respond. Do we need to fill out standard forms/paperwork? Do we need to draft our own letter and file it with the county clerk? Do we need to copy the listed PRA attorney on said letter or form? And despite Googling madly, I've only got the vaguest of ideas how to fight this. It seems like JAMS is an option, but I've heard that Oregon has strange arbitration laws, so I'm unclear on that. It also seems that PRA has to validate the debt in order to legitimately collect, and I'm also unclear as to how to go about forcing them to do this. I've been looking for attorneys in OR, but at the rates most of them are charging, it seems more worthwhile for her to set up a payment plan with PRA than to fight it. I'm at a loss, and trying to help her out as best I can. Any information or guidance would be greatly appreciated, and I thank you in advance for responding!
  4. Hi- I've been following these forums since January 5th when I received my "threat of being sued" letter came in the mail from Winn Law Group. After doing some online research, I realized who they were and that they were really and truly coming after me. A summons was attempted to be served at my home on Friday, February 2 while I was at work (my husband told them I wasn't home). At this point I've found my case on the San Diego Case Search website and am basically just waiting to be served by mail presumably. When I received the original letter from Winn on January 5 (dated 12/28), I mailed them a certified Debt Validation letter dated 1/22 and I received the certified receipt signature back dated 1/29. Is it odd that the case that's listed online against me is dated 1/22, which did not even allow my 30 days to request debt validation or respond in any manner? Thanks for your help and I look forward to this forum as I continue my journey to fight this junk debt collector!! I am very optimistic about this option!
  5. So I've been doing some research into the PRA debt collection cases in my State and looking at the court records of events to possibly get some tips on how others are fighting them if they even contest it at all, which most don't. Well I really haven't found anything more helpful than what I've learned from the fine people of this site. But I did find out that last year PRA filed over 5,000 lawsuits statewide and as I'm typing this a single Attorney has over 900 open cases! I just think that's crazy! That should be illegal. Every case is filed electronically, signed electronically and in almost every case the Attorney never had to show up in court, even if they were required to, they would ask the court if they could appear via phone and were usually allowed to.
  6. 1. Named Plaintiff: Portfolio Recovery 2. Law firm handling suit: N/A. 4 individual lawyers and bar numbers are listed, with no firm name. I'm not positive that they are not simply employees of Portfolio? Names are Emily Pierce, Jordan Cook, Lori Williams, and Kristen Brinkerhoff. 3. What is the amount of the suit: More than $1,000, but less than $1,500. 4. Who was the original creditor: Capital One. 5. How do you know you're being sued: ... I was served with papers on Sunday, 30 April 2017. 6. How were you served: In person. 7. Was the service legal as required by the state: I believe so. 8. What pre-existing correspondence did you have with plaintiff: I'm not aware of any. 9. What state and county do you live in: California. County is a relatively small one, rural-ish, so I'm not sure I should name it. It might make things too identifiable for PRA. 10. When was the last payment made on the account: according to plaintiff's complaint, the most recent payment on the account in question was <3 years ago. 11. SOL on the debt is 4 years. 12. I'm not entirely certain what the status of the case genuinely is at this time. My county does not appear to have case info online other than the immediate court calendar. I was served yesterday, and I was too busy today with work, chemo, and radiation to be able to go to the courthouse. (Yes, this is exactly one extra set of stress that I did not need right now.) 13. I have not disputed the debt with any credit bureaus, the original creditor, or the collection agency. I was rather surprised when I got served yesterday. 14. I did not request debt validation--again, this was all quite a surprise to me yesterday. 15(a). I have 30 days to respond to the suit. 15(b). Claims will be described below. 15(c). No interrogatory was received. 16. There were two exhibits attached to the summons and complaint. Each exhibit purported to be a credit card statement from Capital One. Neither included a complete account number, only the last four digits. Exhibit A purported to show the final payment received by the original creditor, as well as a few small purchases. Exhibit B purported to be a statement from a year later. It purports to show a past due balance and a minimum payment, and has a payment coupon attached, but there is nothing that identifies it obviously as a final settlement. There is an additional page to the purported statement in Exhibit B which notes that the account has been charged off and gives a phone number to call for more information, but there is no account number or other information on this sheet which would tend to indicate that it is associated with any particular account or statement. Verbage of the complaint is as follows: It seems as though, since this is exclusively an Account Stated issue, there's no point in doing a BOP. That said, it looks like it still could be a useful attack. I've never seen either one of the exhibits they've attached to the complaint, and so far as I know, nobody makes a habit of sending their credit card statements by CMRRR, so it seems that there's really no way for PRA to prove that I ever assented, implicitly or explicitly, as to the accuracy of the original creditor's account as stated. Therefore, BOP might still prove useful? It seems additionally useful in forcing PRA to prove that I provided assent, implicitly or explicitly, to the accuracy of their account as stated. I have absolutely no recollection of ever seeing any account statement from PRA, and I certainly can't assent to the accuracy of something I've never seen. What are y'all's thoughts on this? Since this isn't a verified complaint, there's no reason to admit to anything, even my own name, right? Just use the general denial and head for discovery? Also, one potential wrinkle: I did have an account with Capital One that was active from 2010 until 2016 when it was paid off, but... it was a car loan. Would documentation from that be subject to discovery by PRA in the present litigation? Anything else I need to be thinking about right now? (Aside from the obvious of getting the CCP96 and CCP98 stuff that I can tear up with the data from previous cases discussed here, and aside from the equally obvious not being late with my answer and also the whole deal about maybe trying not to die.)
  7. Everyone has a story.. I'll make mine short. Life altering unexpected decline in health lead to unemployment. No support system, no help. It took me about four years to get both my health and life back on track. I met a girl four years ago who I'd like to marry. We're moving next summer and I want to prepare my credit to buy a home in the next year or two. I beat Cavalry in court on one account (thanks to this community!), the rest have surpassed the statue of limitations here (5yrs). AMEX ($3,500) - Est Removal: 10/2018 Portfolio 1 ($3,000) - Est Removal: 02/2019 Portfolio 2 ($2,500) - Est Removal: 10/2018 Enhanced ($1,000) - Est Removal: 11/2018 I'm not sure what the best course of action here is.. I've been living under the radar for years, running cash businesses etc. I'm self employed, I do pay some taxes but do not have my own checking (use PayPal business w/card) or my own credit cards (on family accounts as an AU, pay them directly). I'd like to begin improving my credit score. My SO has great credit (810+) BUT about $150k in student loans. I'd like to try and get us a house or investment property in the next 1.5 to 2yrs. So I was thinking contact the reporting agencies on Portfolio one as I'm sure the last payment is inaccurate. I'm hopeful there is something aggressive I can do against the three remaining account but maybe just let them run their course? In the mean time then, open a bank account, and get a secured card (Discover IT). Possibly a secured loan the first year for extra oomph. Next step, focus on that AMEX. I'd like to get another one, one day. I've read I need to pay the debt directly to AMEX and should get myself added as an authorized user on a good standing account a bit after that. If approved as an AU then I'm off the BL and should re-apply to AMEX on my own when my credit merits it. Thoughts? Thank you for any time you may spend reading this or better yet.. replying. Sincerely, my thanks.
  8. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited liability company with a place of business in the State of New York. 2. Plaintiff, by purchase and assignment, acquired from SYNCHRONY BANK , original creditor all right, title, and interest in the defaulted account, account number ****************1452, of defendant(s), ((my name here)). AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 4. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $1,192.19. Payment has been demanded by Plaintiff but has not been made. AND FOR A SECOND CAUSE OF ACTION 5. Plaintiff seeks for Defendant(s) the sum of $1,192.19, upon an account stated between them, did promise to pay Plaintiff said sum upon demand. Payment has been demanded by Plaintiff and has not been made. WHEREFORE, Plaintiff demands judgment against defendant(s) for the sum of $1,192.19, with costs and disbursements of this action and interest thereon." The third, and final, page is a signed verification (notary signature, etc.) I consulted with an attorney who told me that while I was more than welcome to retain him, he would be more expensive than just attempting a settlement. I left a voicemail for Schachtner Portnoy advising them that I was unaware of the account, had not received documentation regarding any bills (mail or phone call) and that I would like someone to call me back. This was all on the 19th. I still (not surprisingly) have not heard back from Schachtner Portnoy. What I've been able to find leads me to believe that they have not provided me with all the necessary documentation. I mean, Synchrony manages more than 57 credit accounts (yikes) - who are they claiming I owe money to? I don't truthfully know what the deal is. Any advice on how to proceed would be wonderful. The attorney I consulted with indicates that they purchase these 'junk debts' for pennies on the dollar and a quick settlement should be easy, but no one is calling me back so that doesn't help me at all.
  9. Hello and thank you for reading/trying to help, I'm in the process of looking for a home to buy and have been pre-approved for a mortgage. I was told that no matter what I have to take care of the open/active collection I have reported on my credit reports by Portfolio. The SOL is up and they cannot sue me for it, but the account is to stay on my credit reports for 2 more years. I tried disputing it with the credit agencies but had no luck. Portfolio actually sued me for a different account a year ago, which I challenged and won; I'm guessing that's why they let the SOL expire on this one and never bothered to contact me about it, and instead reported it to the credit agencies right after the SOL was up. How should I go about contacting them to get this off my credit report? The amount owed is $1,300 and obviously I'd like to pay as little as possible and have the account completely deleted off my credit report or reported as paid in full - or whatever is best to improve my credit score. I would think that I have leverage in this situation seeing as they can't sue me for it so offering them anything at all would be better than nothing. If I contact them, would that change/reset the SOL and allow them to come after me for it? What's the minimum you think they would be happy with? How long would this process take? I know I should get the deal in writing, but is it wise to talk to them on the phone while we try to reach a deal? Any help would be greatly appreciated. Thank you.
  10. First off, I have to thank @ASTMedic @calawyer and everyone else on the forums for helping me win this! I couldn't have done it without your knowledge! I just received the form CIV-110 stating that Portfolio is filing for a dismissal without prejudice. I have a year left on the SOL. Is there a way, at this point, or should I even try and get the case dismissed with prejudice?
  11. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  12. First contact: I received a letter from a local consumer rights attorney on July 28, 2016. Second contact: Left taped to my front door....IMPORTANT!!! (My name spelled incorrectly) An attempt was made to deliver IMPORTANT Court Documents to you today
  13. I've read several different cases on this site regarding portfolio Recovery but I'm freaking out since I sent in my answer and also requested info on how I proceed for file for discovery but no answer instead I get a letter today from the judge with a court date and stating if no show a judgement would be placed. Do I just send a copy of the request for discovery since they never gave me an answer on the process of it? I will be ordering the book @texasrocker suggested this evening but I'm just really scared since I've never had to appear in court or in front of a judge ever in my life. I have read also that I could file for ARB so I'm so confused on what to do at this point until I get the book. Any suggestions would be greatly appreciated. 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, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $880.09 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK (PAYPAL) 5. How do you know you are being sued? (You were served, right?) served with papers on door, then also looked up case on justice court website 6. How were you served? (Mail, In person, Notice on door) received them taped to my front door in a ziploc bag. 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? Unknown. They attempted calling in the past, but I did not know them. 9. What state and county do you live in? TX Kaufman County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the summons 10-05-2014 11. What is the SOL on the debt? To find out: 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I'm sure I have 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 had 14 days, which I sent a general answer that I received on here. I also asked how to proceed with filke for discovery which they have never answered me. I plan on calling tomorrow. I received a paper today in the mail from the judge with a court date of 10-5-2016. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the original petition from the courts that I was being sued
  14. I ran across this case where PRA lost summary judgment on an FDCPA claim and haven't seen it posted. Same areas covered as the CFPB order against Portfolio. It looks to me like some of these consumers will get paid both under the CFPB order (Sept 2015) and from the FDCPA lawsuit last month. Magee et al v. Portfolio Recovery Associates, U.S. District Court, Northern District of Illinois, No. 12-cv-1624 http://www.insidearm.com/daily/debt-buying-topics/debt-buying/court-finds-settlement-offers-on-time-barred-debts-without-disclosure-of-the-fact-that-the-debt-is-time-barred-to-be-fdcpa-violation/ It appears to be class action. http://edcombs.com/wp-content/uploads/2016/02/Magee-v.-Portfolio-Recovery-Associates-Notice-of-Class-Certification-and-Pendency.pdf
  15. Anyone have any tips on post judgment settlement with PRA? I have a default judgment that I am trying to settle and looking for advice.
  16. First post and very glad I have found this forum. Initial plan if I understand it correctly is to file then serve General Denial CMRRR (any help with affirmative defenses would be great), send BOP CMRRR, then start strategizing from there. I have been reviewing the stickied posts and starting to go through the older posts; I hope the information I provide is useful. Thanks in advance for any assistance. Exact quotes, amounts, and identifying info have been sanitized and abbreviated. 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.) EMILY PIERCE/JORDAN D. COOK/LORI N. WILLIAMS /KRISTEN L. BRINKERHOFF PRA 3. How much are you being sued for? $1XXX 4. Who is the original creditor? (if not the Plaintiff) Cap One 5. How do you know you are being sued? (You were served, right?) OTHER ADULT IN HOUSEHOLD SERVED 1/3 9AM, THEN VIA MAIL POSTMARKED 1/4 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? ORANGE COUNTY, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Allegedly 02/2013 per complaint 11. What is the SOL on the debt? To find out: 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, NO MOTIONS FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 4. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? -30 CALENDAR DAYS (OR 40 SINCE SERVICE WAS NOT DIRECTLY TO ME?) PLD-C-001 COMPLAINT-Contract 1. PRA VS EinCA 3. Plaintiff is LLC in CA 8. Causes of Action X Common Counts 9. Other Allegations: See Attachment One 10. a. damages of $1XXX d. mail everything to plaintiff's attorney until formal notice PLD-C_001(2) FIRST CAUSE OF ACTION-Common Counts ATTACHMENT TO Complaint CC-1. PRA alleges that EinCA became indebted to "Plaintiff's predecessor on an account assigned, transferred and/or sold to Plaintiff. Plaintiff is the assignee of the account. See attachment ONE, incoorporated by reference hereto. a. within the last four years (2) because an account was stated in writing by and btween plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. CC-4 Other: Plaintiff purchased, is current owner, "plaintiff" refers to plaintiff's predecessor in interest, see attachment 1 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ATTACHMENT ONE Plaintiff is assignee as of xx/2014, balance was $1XXX, no post charge-off interest of fees, last payment 02/13, Cap One is creditor, bought by PR, LLC, seeking $1xxx + costs (this attachment has 10 lines, will provide on request) Also attached were copies of 5 Cap One statements from 2013 and a Cap One "Cycle Facsimile Report" with some data on the account from 2013, a Cap One charge-off notice, a dec re reduced filing fees, and ADR info
  17. So with all the reading I have been doing and the battles I have faced so far, I am not sure I have my mind around one issue. Portfolio has been calling about a GECRB account that was last paid on in 2010. I am in KY and in May of 2015 they sent a letter about this account that said "Second Notice: Forwarded to Litigation Department ... " I was misfiled with another issue I was dealing with and I found it looking for other information on the other account. It has been 9 months and nothing has been filed and the calls are coming twice a day every other day. I have talked to them once and told them they were wasting their time. I have picked up the phone multiple times to find no one there initially and then you can hear the call center come on the line. There have been several calls over the last couple of months to my cellphone but I haven't answered due to being at work, etc. Suggestions? Thanks in advance!
  18. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process cannot be effectuated at the aforementioned address, I authorize the Defendant to contact attorney XXX for purposes of effectuating proper service on my behalf." Also, the last line of the Declaration says "Executed on this day XXX, at San Diego, CA." So, I'm thinking I should either strike Argument A or rewrite it such that it only says the declarant was unreachable* by the process server. * The subpoena will be issued on Monday and I'm guessing the declarant probably won't be available, but will know for sure soon enough. I go to trial this week as well, so am getting the subpoena in just under the wire. I won't have 5 days to file the objections with the court, but do plan on overnighting a copy to PRA's lawyers so that they are aware I plan to fight back with gusto. Is this correct? -- PS: I'm terribly behind. I have two cases in motion - but they will be months apart. Unfortunately, I haven't been organized and missed my chance to do the preliminary stuff on suit #1. Nevertheless, I am inspired by those that have crammed a lot of learning into a short time and come out the other side. I'm determined not to let being behind stop me from trying. (Also, I worry that not fighting this will send the wrong message when it comes to suit #2. So, I'm in it to win it.) The one thing I have done is read, read, read this forum! I've seen that the members here will help people who are willing to do the work - and I am willing to work hard. Will probably have more questions over the next week, but I'll keep them all contained in this thread. Thanks in advance!
  19. First of all, Thank you for any and all assistance. I recently recieved a subpoena notifying me that I am being sued by Portfolio Recovery Associates. I have never been issued a subpoena before and have no clue what to do. I am panicking. I have attached the first 5 pages of the subpoena. The other documents included are sell of the debt and a credit card statement from 08/2012. If I need to include those, then I will. The documents have been edited to remove personal information (name, address, case number, ect.) If needed, I will PM you. Thank you again, redd4949 Here is how it reads. Portfolio Recovery Associates LLC Assignee of In the Justice Court HSBC Bank Nevada N.A. Capital One N.A. / Best Buy Harris County, Texas Plantiff Precinct 4, Place 2 vs. 7900 Will Clayton Parkway My Name Here Humble, TX 77338 5849 Defendant 713 287-2450 Citation (Debt Claim Case) The State Of Texas County of Harris: To: ANY SHERIFF, CONSTABLE, PROCESS SERVER CERTIFIED UNDER ORDER OF THE SUPREME COURT, OTHER PERSON AUTHORIZED BY COURT ORDER, OR CLERK: Deliver this citation, together with a copy of the petition, to: My Name Here My Address Here My Phone Number Here TO THE DEFENDANT: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plantiff with the Clerk of the Court on or before the end of the 14th day after the date of service of this Citation. If you fail to file an answer as required, a judgement by default may be rendered upon the plaintiff's proof of the amount of damages. Date Petition Filed : 10/02/15 Nature of demand made by Plaintiff(s): money owed in the amount of $1381.04 together with attorney's fees, cost of court, interest as provided by law and general relief. A copy of the Petition is attached. You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with these papers. If the 14th day is a Saturday, Sunday, or legal holiday, your answer is due by the end of the first day following the 14th day that is not a Saturday, Sunday, or legal holiday. Do not ignore these papers. If you do not file an answer by the due date, a default judgment may be taken against you. For further information, consult the Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. A copy of the Rules is available at http://www.jp.hctx.net/ or at the Justice Court.
  20. Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking about...no reference numbers or anything. I did recently do requests for verification with all 3 major CBs. Anyone seen this sort of thing before??
  21. 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.) Hunt and Henriques 3. How much are you being sued for? $5,832 4. Who is the original creditor? (if not the Plaintiff) U.S. Bank National Association 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) Served in person at my home. 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? Debt validation request. Nothing else. 9. What state and county do you live in? California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown. According to the CA, May 2013. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Status: Pending (info via the court website) Under case information, the court shows Summons Filed, Collections Case Complaint Filed, and Proof of Service Filed 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? Yes. They responded with copies of a year's worth of statements. 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? Response is due tomorrow (Aug 14). 1) Account Stated Prayer Amount: XXXX Limited Civil 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Statement from May 2013 Exhibit B: Statement from Dec 2013 (time of charge off) 17. Read this article: Done! I've been reading posts on the forum, but now that it's time fill out my own response I'm worried about getting it right - to the point of paralysis. There's no more time, I have to take the paperwork to the court tomorrow. Can someone please point me in the right direction to help me get started? Also thought it would be helpful to have my own thread since I will likely need more help along the way.
  22. Hi All, I'm very new to this forum, however I will say I've been reading like a madman all the information here over the last two days. The knowledge is incredible and it's give me hope. I have already been to a hearing, to determine if we were going to settle or got to trial, I knew to deny everything and I did. I told the judge they hadn't provided any proof I own the debt other than the assignment document and two statements with my name and address on them. The judge basically told me requesting proof of the debt won't help me, which kind of made me feel like there was no chance. As I left after they set the trial date, it made me angry and determined, as everyone else in there was making payment arrangements. I will say their attorney appeared a little taken aback that I denied it all. I have posted all the documents I have after taking out all personal identifying info. Would anyone take a look and offer me guidance please? I would reall appreciate any assistance or advice I can get. Thanks so much for all you do.
  23. Does anyone know where I can find examples of Trial Brief(s) and Declaration(s) in Support of Defendant's Trial Briefs for the following Causes of Action? Common Counts: 1. An open book account 2. For money had and received by defendant for the use and benefit of plaintiff. for work, labor [yes, that's really how they listed it in the complaint] 3. For goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff 4. For money lent by plaintiff to defendant at defendant's request 5. For money paid, lent out, and expended to or for defendant at defendant's special instance and request I'm currently referencing HomelessInCalifornia's and ASTMedic's documents, but unfortunately, the only Cause of Action I have in common with their cases is the Account Stated. Any help is greatly appreciated!
  24. Hey, Everyone! I have a case in which "evidence" provided by Plaintiff (Portfolio) includes an alleged Bill of Sale signed (possibly robo-signed) by David Nauman of HSBC BANK NEVADA, N.A. and an Affidavit of Sale signed (again, probably robo-signed) by an Ashley Oku of HSBC. I'd like to be able to show that neither are residents of California, but they haven't stated their locations in the documents. Initial internet searches seem to indicate that the former may be in Philadelphia, while the latter seems to be a ghost. Has anyone had a case with either of these individuals named and discovered their places of residence/business? Also, if you know of any documented instances of robo-signing associated with these names, it would be very helpful. Pro pers unite and stand strong!
  25. Need help to beat a JDB. just need to answer special ROGS. I need to beat them! i got exhausted with my first battle and ended up losing up to the appeals. Thank you in advance! need a better way to answer these questions. 1. did you ever submit a request for credit account to GE capital retail bank? i had chevron card though. 2. did GE capital retail bank issue a credit account number xxxx-xxx-xx in your name? 3. State the approximate date you open the credit account. 4. identify each and every person other than yourself who has ever had the 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 $1,043, the amount set forth in the complaint in this case as the sum owed as of February 26, 2014, your balance due as of that date on the credit account? 8. if you do not agree that $1,043, the amount set forth in the complaint in this case as the sum owed, is your balance due is February 26, 2014 on the credit account, state all facts upon which you base your denial that the sum of $1043 is your balance due as of February 26, 2014 on the credit account. 9. did you have a report to GE capital retail bank that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE capital retail bank or portfolio recovery associates that there was any problem with the credit account, which problem remains unresolved? 11. Did you receive periodic statements from GE capital retail bank regarding the credit account? 12. State approximate date of your last payment to GE capital retail bank on the credit account. 13. Have you ever corresponded with GE capital retail bank in writing regarding the credit account. 14. Have you ever corresponded with portfolio recovery Associates 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 defenses to the complaint in this action.