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Found 46 results

  1. I've always wondered this, but which credit card agreement applies on a debt collection? Is it always the most current, or when the account was opened, or when the account was defaulted? If I do an MTC arbitration, does this agreement attached indicate that I have to pay the filing fee? In the best buy cc agreement attached, it says this in the PAYMENT section. We will pay your share of the arbitration fee for an arbitration of claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA rules. And it looks like I'm only allowed to arbitrate with AAA. Does that mean I'll have to pay the fees to file since this is related to debt collection? I'm just wondering if the Best Buy credit card is something I should pursue arbitration with against PRA. My_Best_Buy_Credit_Card_Agreement.pdf
  2. Good Day All, After receiving mail from bankruptcy lawyers about a pending lawsuit I thought to Look Up Cases / Balances in my district. Lucky me own case number and register of actions. Never having been through this I want to be as proactive as possible. This suit will be within the SOL unfortunately. I am being sued by Portfolio Recovery Associates LLC (“PRA” [took forever to figure that abbreviation out]). The attorney listed is Michael J. Olcese. The ROA only lists a few things thus far: · Summ & Comp filed · Summ & Comp By Plantiff Issued · Filling Fee Pad · Check tendered ROA shows a date of 11/9 and as of 11/28 I still have not been served. When can I reasonably expect this to occur, and is there anything that I can do between now and being served? I found a thread with some outstanding content started by bmc100, “Those being sued in Michigan by a JDB, step by step in Defending” but 2012 was years ago. Combine this with the thread, “My experience losing in court (pretrial)” I am left with an unsettling feeling. I must protect my family’s assets to the best of my ability. Last thing I want is a debt from surviving college to set my household back. With that being said, outside of, https://www.bsdd.com/sitefiles/7887/new-guidelines-on-to-draft-the-answer-and-affirmative-defenses.pdf what information can I delve into to start preparing for this. What threads what case law, where do I start? My assumption is I will not have the luck that ‘not_me_ok’ had in obtaining an outright dismissal. In recent history, how often is success realized by the defendant in these cases? I have seen mention of arbitration. Are the courts so favorable to plaintiffs / hostile to defendants that this is the best course of action? My wife went through something like this in 2010 and simply said, “she had no knowledge of the debt” and the case was dismissed. Is it still as simple as saying this? Also I just found this section of the forum and at a quick glance there seems to be some great information that I am completely ignorant to. This will be resolved on the weekend. Also for those of you that made it to the end of this post, thank you for your time and attention. Any and all input is greatly appreciated. Sincerely, OD
  3. 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.) Pollack & Rosen, Joseph F. Rosen 3. How much are you being sued for? $2700-3500 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Papers handed to my adult son at my residence 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? Florida, Duval 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? March 2016 12. What is the SOL on the debt? To find out: 4 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). 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? (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? Must respond no later than 5 days before court date. Claim is Account stated. I don't believe I have a questionnaire. 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. One statement from Synchrony Hi everyone, I thought Midland would be suing me first, but I found out last month that PRA was moving forward with this. Luckily, I found this board so I'm not as lost as I would have been. My pretrial/mediation has been set for the end of this month. I'm planning to file a MTC arbitration but I still have a few questions. In these papers, I don't see any options to provide an "answer." It's my understanding that, since I'm in Florida, I should file a MTC in lieu of an answer, based on the threads I've read here and some helpful PMs from @fisthardcheese--I've looked up MTC examples so I think I can get that together. I'll post here once I do so that I can get feedback that I've done it correctly. I never sent any DVs to PRA, but based on this: "but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract')," I feel I should? Especially since their claim is "account stated" and I know I read a recent thread where a defendant wasn't able to argue against this claim. That is my biggest worry right now. The papers say the pretrial/mediation isn't a trial. I am definitely planning to show up and I want to be as prepared as possible. I'll file my MTC next week. My questions are (listed them to make them easier to answer): Should I send a DV now, to help with this "account stated" claim? Do I send it to the OC, PRA, their attorney -- who exactly? If I send a DV now, how will that be able to change their claim? When I file the MTC, do I also send a copy to PRA and/or their attorney? Or does the court send it? What do I bring to the pretrial/mediation, besides a copy of the relevant card agreement? Sorry this is so long, but I tried to provide all the necessary details. I'll update this thread as I do/hear more, but ANY and ALL help is greatly appreciated. This is my first time being sued and I'm very nervous. Thanks in advance!
  4. Hi, I have received letters that I being sued by Porfolio Recovery here in Texas for $4k owed to Capital One on a credit card. I have read thru several post and noticed that Capital one has no arbitration clause. I have not been served yet and honestly don’t know how to proceed? Should i fight it, reach out to the OC for a settlement....PLEASE HELP
  5. Please if anyone can help me, I have searched in this forum quite a bit and I know there has been others with PRA on here, but I just don't understand any of the legal terms on what to do, they all seemed to have some knowledge on the matter and I'm entirely clueless, if anyone can help me... 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 & Henriques 3. How much are you being sued for? Less than $5,000 but more than $2,000 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) My Mom was served 6. How were you served? (Mail, In person, Notice on door) My mom was served while I was out 7. Was the service legal as required by your state? I'm not sure 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? California, USA 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 paperwork, around the end of 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? I don't remember 12. What is the SOL on the debt? To find out: 4 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). It says Open - Initial Filing, and at the end Improper/No Service 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, Don't know what this is 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? I have 30 days to respond, They are claiming two actions, the first cause of action is Account Stated saying that within the last four years, an account was stated in writing between myself and the plaintiff and on the account a balance of $****.** was stated to be due by plaintiff. Defendant expressly or impliedly agreed to pay that balance. They are claiming to have purchased the debt but have nothing to prove so. The Second Clause of Action is Open Book Account. 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. They have two exhibits of evidence, Exhibit A is supposedly the most recent billing statement from Synchrony Bank prior to charge off, and Exhibit B is another billing statement from Synchrony Bank showing the balance that PRA is asking for.
  6. Please help i am lost and have no idea what to do or how to handle this nothing is signed no court date nothing i am freaking out i have i need to respond to it but i dont know if i should if its real or anything please help its all in order i jist need help i dont know if i am suppose to type all of it so i took a pic
  7. Help, my boyfriend is being sued by Portfolio Recovery Associates in Florida. We don’t have much information to go on but included the questionnaire below. 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.) Michael David Kaminski 3. How much are you being sued for? Not sure, my boy friend haven’t been served as of yet, all I know it’s with smalls claims court. 4. Who is the original creditor? (if not the Plaintiff) Just found out it’s for Citibank but not sure what kind of account. 5. How do you know you are being sued? (You were served, right?) When I visited my boyfriend I noticed all the post cards from attorneys soliciting service and it reminded me of when some one gets a ticket. Asked if someone sued him he said no then I decided to search via clerks of court online and say that there’s a filing. He have not been served. 6. How were you served? (Mail, In person, Notice on door) N/A at the time of writing this due per answer in question #5 7. Was the service legal as required by your state? N/A at the time of writing this due per answer in question #5 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, never done any kind of business with Portfolio Recovery 9. What state and county do you live in? Florida [Miami] 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Clueless here as we don’t even know what account this suit is pertaining to. Would like to know how we can find out. 11. When did you open the account? (looking to see which agreement/contract may be applied) N/A at the time of writing this due per answer in question #10 12. When did you open the account (looking to establish what card agreement may be applicable)? N/A at the time of writing this due per answer in question #10
  8. Background Moved out on my own about two years back. I had assumed all of my important mail was forwarded to my new address. To my shock, after a visit to my old residence, a member of my family hands me a packet of papers informing me that I'm being sued. This totally sucks... I'm lost and unsure of what steps I need to take to ensure I can resolve this. I've never been sued before so this a bit daunting to me. I have been reading a few forums on here and while it has been helpful I must say the information overload is very real and overwhelming. If anyone one has any advice on how I can proceed with putting this behind me my ears and mind are open. Additional Information 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.) - Cooling & Winters, LLC / Cooling and Winters LLC 3. How much are you being sued for? - $1,200 4. Who is the original creditor? (if not the Plaintiff) - Synchrony Bank / Amazon.com 5. How do you know you are being sued? (You were served, right?) - I received papers from a family member. 6. How were you served? (Mail, In person, Notice on door) - A family member was served and I received the papers from them. 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, as far as I know, I had no idea who they were until I did a little bit of googling (more information below) 9. What state and county do you live in? - Georgia, Habersham County 10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations) - 2012-2014 11. When did you open the account (looking to establish what card agreement may be applicable)? - 04/ 11 /2012 12. What is the SOL on the debt? - 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). - I was unable to find my case online but it says Suit on Account on paper. I've attached scans of the papers I received below blanking out personal information. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No I have not disputed the debt with the credit bureaus both the original and current collectors. 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 I have not requested debt validation. 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? - I was given 30 days to respond. I’m unsure if it’s from the 21st of March or the 23rd. I will include a scanned copy of the paperwork that I received but I’m going to assume the 21st since to be on the safe side. Also, there is an affidavit dated much earlier on the 9th of March would that actually be the deadline? If so I’m totally screwed… I am unsure if I received an interrogatory. What would that be? The “Charges” are: The Plaintiff says the defendant is indebted to the plaintiff as follows: Default on Account. That said claim is in the amount of: SEE ATTACHED COMPLAINT ( Complaint ) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - The Evidence I was sent are as listed: - An Affidavit - A Statement of Claim - Exhibit 1 A Statement from 11/15/2012. - Exhibit 2 A Statement from 05/15/2012. - Exhibit 3 The Credit Card Agreement. - Exhibit 4 A Bill of Sale between Synchrony and PRA. - And for Reference the first page out of all the others in the packet with the serving date being 03/21/2018 0r 03/23/2018, but I'm going to assume the 21st. ( Serving ) My Questions 1. What actions should I begin to take? I have not filed an answer in fear that I may end up doing something wrong that is irreversible. 2. Please, If you anyone can point me to other threads with a similar situation as mine that can give me some kind of guideline on how I should go about this I'd greatly appreciate. 3. Would it be best for me to just go ahead and pay this off if I currently have the money or would I be better off fighting the case? 4. Is this just a hopeless effort in a losing battle? I'm totally drained. I really am kinda lost right now. If anyone's got any actionable advice I'm all ears. Thank you for taking a look. If any more information is needed on my side to help in understanding my situation please let me know. I work the graveyard shift but will do my best to respond as promptly as possible. Once again thanks for taking a look.
  9. Been lurking here for 2 weeks reading and taking in what I could. (i think my phone has 50 tabs open lol). This is the first time a JDB has taken me to court. Can't afford a lawyer so I wanted to see if im doing things right. Questions: 1. Should I file Calawyers famous Bill of Particulars, or Seadragon's "mamas famous request for prod"? 2. I was going to file a counterclaim for violations of the TCPA especially since they called my cell which is on the DNC Registry. (I read somewhere that stacks with something in the FDCPA or FRCA?) Would that be wise? 3. I didn't see a "verification" form, so should i file a general denial? Any help would be much 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.) Portfolio Recovery Associates Attorneys located in SD 3. How much are you being sued for? $1,095 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 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? Santa Clara, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) End of 2015? 11. What is the SOL on the debt? To find out: 4 Years in CA? 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Active 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Don't remember 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? 10 days; Charges: Account Stated; Interrogatory not received 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Two Statements from Paypal
  10. I recieved a motion for summary judgement and am unsure how to reply, I know that the affidavit of the plaintiff is complete and total heresay, because how could she have any knowledge of how any of the original creditors docs were made. The bill of sale is inconlusive because it does not specifically mention and account in my name, and references some forward flow recieveable agreement I'm a little puzzled on what comments I can make about the validity of the affidavit of sale of account by creditor, other than it doesn't mention any specific accounts and also mentions the forward flow thing. Exhibit C is a bunch of statements which I did not include here. Any help on how to draft a response here would be greatly appreciated, I only have 19 days left to respond. I included their docs for help.
  11. Robert Bullock

    Needing advice in Arkansas

    I just recently became a member of the forums, I live in White Hall, Arkansas and am being sued by Portfolio Recovery Associates. The alleged debt is for 867.00 and the process server out of Benton alleged to have served me on 24 January 2017. A week later, I got a letter in the mail from a bankruptcy attorney wishing to represent me and it gave a case number, this is how I learned of the law suit. I directly went to the court and got all the paperwork regarding the case and told the clerks that I had not been served, they stated that was odd and that I should be served soon. I was naive and thought that I should wait to get served. I waited about 3-4 weeks and went back to the clerk and again asked if there was any movement on the case and that I still had not been served. I was under the assumption I needed to be served in order to reply to the suit. On 28 March I received a letter in the mail from Portfolio Recovery Associates requesting from the court a judgement against me because I had not replied to the paperwork the process server alleged to have served. I quickly shot off letters to the administrative judge and the judge that would be hearing the case, as well as sending a letter to the attorneys for the plaintiff explaining the situation as well as a Request for Production. I was given a hearing date of 23 May 2017, and never got a reply to the request for production. On the day of the hearing, They were represented by a local young attorney (just out of law school so I am assuming as cheap as they could go) whom requested a continuance because he had just gotten the case. The judge has given him 60 days, but we have not gotten a letter yet for the exact date. Two days ago I gave the court a Request to Compel Production letter, that I will sent certified letter to their attorney of record in Virginia, I am considering sending a Motion to Strike Affidavit because there is not accompanying Exhibit B that is complete, it is just basic information and nothing showing my actual alleged account number or information showing that the debt was actually purchased. I have even considered calling this woman that signed the affidavit as a witness. I also received a offer of settlement right before the first hearing offering me a reduction to 611 dollars, I am considering a counter offer letter that I will send to you as well, please let me know if this is a foolish idea. I would like to sink them into a situation where they are spending too much time and money on the case before the coming court date. I guess my question is, am I going about this the correct way? Do you have any suggestions? I sincerely apologize for this being such a long explanation. but I am so in need of help right now.
  12. Hello, I recently posted in another forum, but this seemed like the more appropriate place. I am being sued by Portfolio Recovery Associates. I was served a few weeks ago and am closing in on the time I have left to file an Answer. I think the scope of the suit has me in a state of confusion and I feel as if there is nothing I can do to change the outcome of the suit. I was recently contacted by a group that wanted to arbitrate on my behalf, but I didn't feel good about what they had to offer and insisted that I pay a small fee in cash. Any advice would be greatly appreciated. I hope I am not breaking any rules by submitting another post, asking for help. 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 Attorneys located in SD 3. How much are you being sued for? 2,300 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank / Amazon.com 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The account was closed sometime in 2015. 11. What is the SOL on the debt? To find out: 4 Years in CA 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). Status is Pending. I was just served and am approaching the deadline. 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? Less than 2 weeks. The Plaintiff is a claiming that I owe them the balance of a debt that Synchrony / Amazon sold to them. The Plaintiff has included to pieces of “evidence” with the complaint (2 statements from Synchrony / Amazon) If needed I can include a copy of the complaint with any personal information removed. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Two Statements from Synchrony / Amazon
  13. Im a newbie here so thank you for all the detailed posts I've read through so far. I believe I only have a few more days to answer the complaint so I really hope you experts or folks that have gone through this can help me. 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? Portfolio Recovery Associates, LLC 3. How much are you being sued for? $1670 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?) I was served 6. How were you served? (Mail, In person, Notice on door) In person at home 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes, I believe so 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? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They claim I made a payment in November 2014, however I believe I was default before that timeframe. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Yes Motions filed? Not that I know of, I searched online and the Case number does not come up on the court website, I searched by name and date and still nothing in the system yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I may have in the past but couldn’t find any record of disputes, they don’t appear on my credit report. 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 attaching the documents they sent., I did not receive 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. They attached 2 Capital One bills as exhibits. 1. I'd like to request a Bill of Particulars, this seems to be something that may help my case. Any tips with the BOP would be very helpful 2. I'd like to file a General denial w/ POS but need to know what should go in the General Denial based on the attached documents. they state the last date of payment was Nov 2014, however I think I was late way before then. Any help is appreciated greatly appreciated since I am really pressed for time as I am sure most of you are. Thank you for taking the time to read my post. Summons_Redacted.pdf
  14. I received a bill from Portfolio Recovery Associates in the amount of $300.00. I have read a lot of threads on here, but there are many different ways in which people are sending these junk debt collectors debt validation letters. Can someone please tell me, should I make it a simple letter- just ask for verification, or should I go in depth with all the Federal laws, 15 U.S Code 1692g, etc... I am also being sued by them for collection of another credit card bill. I am trying to address this 2nd bill before they follow with a law suit. I am also a disabled veteran, and my sole source of income is my VA disability payments. I have also stated that on the original answer for the 1st lawsuit, and am thinking of putting that on the debt verification letter for the 2nd credit card. Any info and help is greatly appreciated!
  15. 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?
  16. Need assistance since this is the first time i got a citation from a collection company called Portfolio Recovery Associates, LLC. It was handed in person by an officer. Currently unemployed and about to move out of state to be closer to my family. I wanted to know what would be my best option. I read two options such as submit a Waiver of Citation or an Answer (General Denial); but I am trying to avoid going to court. Attached are images of the documents. Victoria_citation.pdf
  17. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email you. -Nehv 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? Less than $5,000 for principal balance, costs of suit and "any such other relief as the court may deem just and proper" 4. Who is the original creditor? (if not the Plaintiff) Synchrony bank 5. How do you know you are being sued? (You were served, right?) Not yet. Served with papers left at home while i was out and also got two letters from attorney services. 6. How were you served? (Mail, In person, Notice on door) Papers were dropped off on the floor. 7. Was the service legal as required by your state? I don't know. I'm not sure to be honest. Since the papers were just on the floor. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact what so ever with PRA before or after summons. 9. What state and county do you live in? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe in mid 2015. Never made a payment with the collection account with PRA. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Well in California it says the most is 4 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). As if today: Unknown disposition. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance" 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached two billing statements of the original account with Synchrony Bank.
  18. Hi guys, I previously posted about two collections I have with PRA regarding credit card debts and was directed to speak a lawyer here in TN. I was given the advice to dispute the collections with the CRAs and once they reply to notify him Well it has been almost five days since I notified him of the results and I have not been given a reply. At this point I feel like trying to fight it is not worth it. I fear getting sued and then not being able to find a attorney to fight it and getting a judgement. Can anyone provide any advice on how I should approach PRA? I have filed a dispute with CFPB and am waiting for the results of that. If the outcome is not favorable then I think I will go ahead and try to settle the matter. Please tell me how I should go about getting this handled. I am so angry that this company is going to make money off of my financial misfortune.
  19. I am going to be posting questions on this thread about my case, but the urgent question is that today 11/18 is day 30 to respond to discovery requests and requests for production. I sent it with POS and CMRR today. I FORGOT to sign each document!!!! DO I need to sign and resend everyone of them???Please let me know right away. Thanks!!!
  20. I had a written agreement with Hunt & Henriques lawyer last September to dismiss my case. They agreed to dismiss with prejudice. Now, they have finally filed for the dismissal and requested it "without prejudice". How can I respond to this? Is there form to fill out? Do I send a letter to the attorney? The statute of limitations is up in April, but it's also the principal of the matter. We had an agreement and I want them to adhere to it.
  21. I am being sued by Portfolio Recovery Associates, LLC with Hunt & Henriques representing them. I am in San Bernardino County, California. They claim that I owe them ~$6,000, but I do not recognize them as the owners of the debt owed. I replied to their summons with a general denial (PLD-050), as their “proof” was not validated, and mailed it along with POS-030 (unsigned). I filed a copy of the PLD-050 and POS-030 with the court, and got a stamped copy for myself. Four days ago I received something new in the mail: a Plaintiff's Specially Prepared Interrogatories, a Requests for Admission, and a Demand for Production of Documents. They say that these documents must be responded to within 35 days. Out of the three, I am primarily concerned about the Prepared Interrogatories, as I am unsure how I am supposed to respond to them when I don't even acknowledge that they are the debt owners. Below I will list the questions verbatim, minus any personal information. Prepared Interrogatories Interrogatory Number 1: Did you every submit a request for a credit account to CITIBANK, N.A. Interrogatory Number 2: Did CITIBANK, N.A. Issue a credit account number [Number Omitted]in your name? Interrogatory Number 3: State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUTN shall mean credit account issued to you by CITIBANK, N.A. Account number [Number Omitted]. Interrogatory Number 4: IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to sate the name, address, and telephone number) each and every person than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT. Interrogatory Number 5: IDENTIFY each and every person who you every authorized to use THE CREDIT ACCOUNT. Interrogatory Number 6: Did you use THE CREDIT ACCOUNT. Interrogatory Number 7: Is [Number Omitted], the amount set forth in the complaint in this case as the sum owed as of [Date Omitted], your balance due as of that date on THE CREDIT ACCOUNT? Interrogatory Number 8: If you do not agree that [Number Omitted], the amount set forth in the complaint in this case as the sum owed, is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum of [Number Omitted] is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT. Interrogatory Number 9: Did you ever report to CITIBANK, N.A. (for the purposes of these interrogatories, CITIBANK, N.A. Shall mean and refer to Portfolio Recovery Associates, LLC, and/or its predecessor, CITIBANK, N.A., and/or any collection agent or agency purporting to represent Portfolio Recovery Associates, LLC or CITIBANK, N.A., as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen? Interrogatory Number 10: Did you every report in writing to CITIBANK, N.A. Or Portfolio Recovery Associates, LLC that there was any problem with THE CREDIT ACCOUNT, which problem remains unsolved? Interrogatory Number 11: Did you receive periodic statements from CITIBANK, N.A. Regarding THE CREDIT ACCOUNT? Interrogatory Number 12: State the approximate date of your last payment to CITIBANK, N.A. on THE CREDIT ACCOUNT. Interrogatory Number 13: Have you ever corresponded with CITIBANK, N.A. In writing regarding THE CREDIT ACCOUNT? Interrogatory Number 14: Have you ever corresponded with Portfolio Recovery Associates, LLC in writing regarding THE CREDIT ACCOUNT. Interrogatory Number 15: State all facts upon which you base your denial of the complain in this action. Interrogatory Number 16: State all facts upon which you base each affirmative defense to complain in this action. [Please note that I did not use any affirmative defense when filing my general denial.] Now, as for the Requests for Admission (DISC-020), it is basically all of the above questions rewritten to be statements that imply my guilt in each one, with a area at the bottom for me to sign agreeing to their claims. I have no intention on signing this, but do I still need to reply to it? And finally, the Demand for Production of Documents. They're asking for any and all paperwork I have associated with CITIBANK, N.A., Portfolio Recovery Associates, etc, but I no longer have any in my possession. Is there a particular form I need to fill out to respond to this? If so, which? Thank you all for your help, it's much appreciated.
  22. Okay, below is my situation. Any advice provided would be greatly appreciated! Thank you in advance. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Raush, Sturm, Israel, Enerson & Hornik LLC 3. How much are you being sued for? A little over $5000. 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? Served 6. How were you served? (Mail, in person, Notice on door) In person on 11/19/16 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? Texas, Dallas County 10. When is the last time you paid on this account? June 2015 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit filed/served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency)? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive any interrogatory (questionnaire) regarding the lawsuit? 14 days; I received no questionnaire or any other documentation was attached. 16. What evidence did they send with the summons? None. Plaintiff's Original Petition Court document showing Plaintiff and Defendant names stating that I’m being sued and that I have 14 days to file a written answer to the court; along with the name and address of the Plaintiff’s Attorney. Signed by Justice of the Peace. Stamped on October 26, 2016. A. Parties 1. Indicates plaintiff and address 2. Indicates my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, and expenses. 4. Plaintiff asserts that the above-named court has Jurisdiction over the subject matter of this case and the person(s) of Defendant(s) and that the damages sought are within the Jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of suit. D. Facts 6. On or about September 2013, Defendant(s) opened a credit card account with SYNCHRONY BANK (DEPARTMENT STORE NAME) in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on June 2015. Defendant defaulted on the obligation to make monthly payments on the credit account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about November 2015. On or about December 2015 SYNCHRONY BANK (DEPARTMENT STORE NAME) assigned Defendant's credit account to Plaintiff, and Plaintiff is the current holder of the Defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the account is $5000. 8. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to ay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Account Stated 10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Original Creditor and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Original Creditor and Defendant(s) which established the amount due to the Original Creditor, and (3) the Defendant(s) promised to pay the Original Creditor on the indebtedness. F. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $8,086.62, which is within the jurisdictional limits of this court. G. Conditions Precedent 12. All conditions precedent to Plaintiff’s claim for relief has been performed or have occurred. H. Miscellany 13. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff’s attorneys are debt collectors. I. Prayer 14. For these reasons, Plaintiff asks that the court issue a citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $5000. b. Court costs c. All other relief to which Plaintiff is entitled.
  23. I was served before Christmas and attended my first pre-trial case just after New Years, which thankfully I went in with some knowledge of my rights. When brought into the mediation room I asked for more discovery, and denied everything. PRA's lawyer was nice enough and granted an extension for discovery and another pre-trial date was scheduled by the court. A few days ago I received their "proof" in the form of a big manila envelope of old capital one bills....no letter of assignment. I contacted a local lawyer who unfortunately doesn't do PRA, but did advise me to file a motion to dismiss based on failure to show ownership/standing. Knowing very little about legalese and wording, I would love a point in the right direction on how to write such, cases to site, etc. I feel very overwhelmed!! Ive found sample letters for format but understand I need to learn more about florida statutes and when I word it I have to back up my claim, but it just feels like its going over my head....help?
  24. pampam1965

    suit byPRA

    Question about validity of a suit filed on us by Portfolio Recovery Associates. They sent to litigation of attorney in Snellville. Looking at summons served (and after investigating via social media, etc), it appears that the attorney who filed the suit and signed the statement of claim had the statement notarized by a notary who happens to be his wife. Is this really legal in Georgia? I thought if you were a notary you could not notarize for a spouse or family member if it were for something in which financial gain was to be made. In this case the attorney would be collecting the amount of $745.00 plus "legal fees" of an undisclosed amount. I have not prepared the answer to send back to the magistrate yet, but curious as to what I should write on it if I believe the attorney is really just trying to collect by thinking I won't show for court and he would win by default. Also, we've only received 2 notices prior that the account was sold and being collected upon by PRA; however, our phone has been "blown up" with calls from various numbers which when googled all point to PRA. Please advise. Thank you.