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1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm? Rausch Sturm – Sarah Catherine Daley (Main Attorney) 3. How much are you being sued for? $1287.00 plus court costs 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? I have being receiving advertisements from attorneys stating I am being sued. I looked it up online to find out the information. 6. How were you served? I have not yet been served; the address they have is for a Private Mailbox company that I have been utilizing while overseas. 7. Was the service legal as required by your state? n/a; not sure as I am a Georgia resident and this is in the Clay County Courts 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 9. What state and county do you live in? Just returned from living overseas. Currently staying with family in Maryland due to the pandemic. But I am a Georgia resident with a Private Mailbox (PMB), the company is based in Green Cove Springs, FL but I do not live there, yet it appears they served the mail company since they are attempting to sue in Clay County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? It appears it is a summons for a pre-trial conference and it does not provide any details that an answer is allowed. Again, I have not yet been officially served so I am waiting to see if it will be served to the private mailbox company. The summons was issued on 4/8/2020 but it has not been attempted as of yet. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I might have years ago but do not recall. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? A date for pre-trial conference has been set for June 9, 2020. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I will provide updates if the company notifies that they have been served for me. To reiterate, I am not a Clay County or Florida resident and they are attempting to sue me through them on the basis of a PMB I use that is based in Green Cove Springs, FL. I am shocked they are still allowing debt collectors to pursue debts during the current crisis. All advice is greatly appreciated.
Hello, I've been back and forth on this forum reading threads from BerryGin and I believe Hockeyguy (I know that's not totally correct) regarding their lawsuit with Portfolio Recoveries. I had a credit card with World Financial Network Bank/Comenity Bank/ New York & Company which was charged off but then purchased by PRA. I was served late Saturday night on May 13th. I haven't submitted my letters to the magistrate court as of yet because I am unsure of what to write and the proper format. I intend on fighting this lawsuit regarding these charges but wanted some insight as I haven't seen any post related to Cobb County. I also had a question regarding their "validation of the debt". Prior to being served I was working with a group called Lexington Law to clean up my credit and help me remove items from my credit report. Lexington Law reached out to PRA asking them to validate the "debt" I had with them. I've attached what was sent back as well as what was including in the packet when I was served. Will the information from Lexington Law benefit me with this lawsuit? Please Help! Thank you, South Carolina Girl EXHIBIT B from packet.pdf PRA Letter.pdf
I just want to address a few things that came up in the thread you can find here: http://www.creditinfocenter.com/community/topic/323173-heads-up-fair-warning/#entry1286889 I am an experienced Florida-licensed attorney and have been since 1988. Since 2007 when the pace of business formation slowed to a trickle (and it has never recovered) I have branched out into other areas of practice, including estate planning, business litigation, foreclosure defense, FDCPA matters, and personal injury (bringing me full circle to where I started). I'm not immune to any of the winds that are buffeting others. Here is an example of what I've been able to do recently, taken from a comment I made on Zeroedge.com: http://www.zerohedge.com/news/2014-02-26/housing-recovery-myth-new-york-and-new-jersey-ends-bang-foreclosures-surge#comment-4481460 As for a 2003 posting with respect to HIPAA, the situation I described may or may not still be valid in 2014. I haven't checked. And as for WhyChat, she and I have had our disagrements, most notably over a method I successully used when I believed I was being overcharged for a helicopter ambulance that transported my toddler son. Since that discussion was on another board, I won't try to link it here. I can be found here: https://www.facebook.com/MarkHankinsLaw and here: http://www.avvo.com/attorneys/34637-fl-mark-hankins-1274066.html And my book (which is not "self-published" ... it is published through Bookshaker, which is better described as a "lean" publishing house, one that does not deal with agents and publicity and what-have-you) may be found here: http://www.amazon.com/Debt-Hope-dirty-survival-strategies/dp/1907498524 I regard myself as very pro-consumer and anti-bank, and if I have put out any misinformation it was entirely inadvertant. A couple of years back I was surprised to find this review of my book: http://www.amazon.com/review/RLC7EGEVTVR91/ref=cm_cr_dp_title?ie=UTF8&ASIN=1907498524&nodeID=283155&store=books Folks can make of me what they will. I am not, however, what Clydesmom describes ... an agent provocateur.