All,
I (defendant) was served just over a week ago. The fourteen day response time is nearing quick. The law firm representing the plaintiff (Portfolio Recovery Associates) and I have since reached a payment agreement (not 'settlement') and I have documents from law firm about this agreement, pay dates, etc. I do not dispute the amount owed, however some of the background on the petition is fuzzy/not accurate.
At this point, should I file an Answer anyways and deny or admit those paragraphs that I know are, and use a defense that there is a current and active payment agreement between plaintiff and defendant? Or should I seek a motion to dismiss case since we have a agreements that would some or all of the debt? Agreement was made out of court via phone.
On the case docket, there hasn't even been any proof of service yet and the only document is the petition so far.
Thank you!