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  1. Or, should the title be: DISMISSED WITHOUT PREJUDICE (and how much of a win is this?) Ok, I realize there may be some pitfalls in that PRA could re-open my case. But, do they/would they do that? I ain't gloating. The lead up was stressful, I was flailing and there were some things I could've done better. See my original post. A recap of the past two weeks: My last hearing was to set a trial date of Feb 8. The judge handed us both an Advance Trial Review Order. ( Look it up for California to see samples of it.) I was confused by the document. It basically was an inventory of case
  2. Being sued by Portfolio Recovery Associates via Hunt & Henriques Law Firm here in Southern California. (Synchrony Bank est. $3500) Things have moved along quickly since initial filing just over a year ago. I am now 2 weeks away from trial. Answered summons and discovery. I sent my own request for discovery/ Request for Documents only a month ago. I'm sure there's plenty I could've done differently. Upside- I have 2 more of these things at early/ discovery stages. So, yay! I can use this experience to potentially help with the others. (Seriously, though. 🙄 ) Back to the matter at hand.
  3. 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 bee
  4. 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?
  5. Hey y’all. This isn’t my first time getting sued by a JDB, but it is only my second so my goal is to be more knowledgeable and competent this go ‘round. I aim to heavily document this case in hopes of being a resource to my future self and others in the SE Tennessee area (since General Sessions Court does things a bit differently here.) My previous case (nearly a year ago) was dismissed without prejudice, largely based on the steps I’ll detail below and one silly mistake you can read about in my post history. As you know, IANAL. I also don't pretend to know a damn thing outside of what I'
  6. 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? Weber & Olcese P.L.C. 3. How much are you being sued for? ~$3,900 + Court Costs 4. Who is the original creditor? (if not the Plaintiff) Home Depot (by Citibank) 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
  7. 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.
  8. Portfolio Recovery Associates filed a claim against me in small claims court against a Synchrony Bank/Pay Pal CC account on November of 2018. I filed an answer to their claim along with a lack of subject matter jurisdiction and requested to elect the private arbitration clause. When we got to court the attorney had no idea about the answer/motion (I kindly provided her a copy of the certified notice). The judge ruled in my favor and ordered that my motion to invoke Arbitration was granted. Per tbe Synchrony agreement, we had to use AAA. I filled out the forms, paid the $200 and got the b
  9. Hi everyone, I am new to this site but have read many threads. I am sued, served on 12/19/2018 by Portfolio Recovery. Here is my paperwork they served me. I need to file my GD in a week. I need guidance on how to handle this. What affirmative defenses I should claim? or just deny all. Thanks a lot for all your inputs. PRA 2019.pdf
  10. 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 Pla
  11. 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
  12. 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.
  13. 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
  14. 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 credi
  15. 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 advi
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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 s
  21. 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 sou
  22. 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
  23. 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
  24. 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 disput
  25. 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!!!