Search the Community

Showing results for tags 'portfolio recovery associates'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 51 results

  1. 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've researched and read from the Top Community Contributors here @fisthardcheese @MikeB35 @Goody_Ouchless @BV80 @Brotherskeeper @Clydesmom @Harry Seaward - forever grateful for your advice, good people! I'm posting this for others, like me, who couldn't figure out where the heck to even start. Let's git it. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CURRENT SUIT DETAILS: 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, PLC 3. How much are you being sued for? $1200 4. Who is the original creditor? (If not the Plaintiff) Synchrony Bank (Care Credit) 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, etc.) Served 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? Nothing - other than a DV request (8 months ago) 9. What state and county do you live in? Hamilton County, TN 10. When is the last time you paid on this account? (Looking to establish if you are outside SOL) 02/2016 11. When did you open the account (Looking to establish what card agreement may be applicable) 10/2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit served? Motions filed? Served four days ago. My Sworn Denial (TN's Answer), MTC (with Affidavit, Proposed Order, and Card Agreement) are ready to be filed within the next few days 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? Yes, I requested DV when they first started mailing letters requesting payment (8 months ago). They responded in a letter with their Disputes Department phone number and instructions to call if I want to receive a payment history. Their summary of information shown below that consisted of my full name, last 4 digits of SSN, and date the account opened 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit from PRA’s Custodian of Records and a table of information containing the following: Account Number, Record Type, Customer Type, Name, Account Address, Home Phone, Birth Date, Loan Type, Charge Off Reason Code, Account Status, Receipt Date, Contract Date, Charge Off Date, Last Payment Date, Charge Off Amount, Accrued Interest, Current Balance, Net Principal, and Net Interest. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: STEPS: This outline is based on my experiences and research. Don't hesitate to add any helpful comments or corrections you see fit. I will revise it accordingly. These are the steps I personally will be taking now and in the future. I'm posting this because my last lawsuit took me way too long to figure out the key differences between TN's process and majority of the cases being discussed here. Plus, I understand lists better and you might, too. All documents mentioned will be attached to this post. If you're reading this for guidance, make sure to read @fisthardcheese Arbitration Overview first for a better understanding of arbitration as a whole. STEP 1: GET SERVED STEP 2: ANSWER THE SUMMONS (MOST STATES) STEP 2: FILE SWORN DENIAL (TN) Download Sworn Denial and fill out appropriately. The deadline is typically 30 days. Make (3) copies. File original with court. If your MTC is ready (Step 3), you may file at the same time. Mail copy (CMRRR) to DBA's attorney. Store third copy for your records. STEP 3: FILE MOTION TO COMPEL (MTC) ARBITRATION Write MTC according to local court guidelines. Reference terms of arbitration in Card Agreement. Include Affidavit that testifies that the included Card Agreement is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise." Include entire Card Agreement from date card was active. (Find yours here) Include Proposed Order to make the judge's job easier. Notarize Affidavit. Make (3) copies. File original with court. Set hearing date for MTC. Mail copy (CMRRR) to DBA's attorney. STEP 4: FILE ARBITRATION DEMAND LETTER Download Demand for Arbitration form and fill out appropriately. (AAA or JAMS, whichever is stipulated in your Card Agreement.) Include a Certificate of Service with the forms. If Card Agreement states that "they" will pay for filing fee, include a cover letter stating that per the agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS. Make (3) copies. If Judge grants MTC, have Demand Form ready to file immediately. Mail Demand (CMRRR) to AAA/JAMS and DBA's attorney on the same date. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: QUESTIONS: Q1. Are my documents satisfactory? I've attached the required paperwork in hopes of getting the community's feedback before I submit them. Please let me know if anything should be revised, worded better, or formatted differently. Q2. What does the following mean for my case and MTC? I am unsure whether I should/must include this in my MTC. On Page 3 of the Card Agreement, under Resolving a Dispute with Arbitration, the clause states: 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court, etc; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage, or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. MTC DRAFT.pdf AFFIDAVIT DRAFT.pdf PROPOSED ORDER DRAFT.pdf Synchrony Bank CareCredit Agreement 2015.pdf
  2. 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 you before you think you were being sued? Received a letter prior to being served and I sent in a DV (that stated that I dispute this debt) 9. What state and county do you live in? Georgia, Forsyth County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/15 11. When did you open the account (looking to establish what card agreement may be applicable)? ~12/2004 12. What is the SOL on the debt? Not sure? 13. What is the status of your case? Suit served? Motions filed? Served 5/2019, Answered 6/2019 (denied w/ arbitration as affirmative defense), Court 7/2019 (prepared MTC Arbitration) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, to the lawfirm only when I initially received a letter. 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'). Yes. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent copies of statements from the OC from 2015 and 2016. A copy of a bill of sale to PRA. Well it finally happened, the judge denied my MTC arbitration because of the small claims verbiage below: He said that the wording was not ambiguous, and any statement otherwise or whether there was a clause in it at all did not matter. I tried to describe the other SCOTUS cases, and he would not hear it and said that this matter was brought to small claims, so now it is no longer subject to arbitration. He shut me down at every argument I had about the arbitration clause, and asked if I wanted to mediate w/ the attorney. I asked for a continuance, and the plaintiff said I see no reason for a continuance and the judge agreed so he denied the continuance. I did create an AAA case AFTER I was served, so when I told him that I even had an arbitration case started, he said it did not matter. At this point I was lost and did not know what to do. So I went to the attorney and said that I could write a check for $1000 right now the settle the case, and he said his client refused. I told him that’s really all I had, so then the attorney requested a continuance and it was granted for him. Should I have just gone to trial and let the judge find for the plaintiff after denying my MTC for arbitration? I was scared to do that because what I’m ultimately trying to do is avoid a judgement on my record. I’d rather try to settle than have a judgement. I was thinking maybe I could appeal, but I’ve never gone through that process, and wonder what would happened if my appeal was denied or if I lost there too? Any advice? I go back to court next month. I’ve attached the CCA both current, and the one while my card was active and both do contain that “small claims” verbiage. arbitration-2016.pdf arbitration-current.pdf
  3. 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 evidence and witnesses. The contract attorney for the plaintiff filed it with nothing listed. (Suspicious: No evidence? No Witnesses?) I did the same. I was late to send out my Discovery/ Demand for Documents to the Plaintiff. This was a mistake. The deadline is tricky. I understood it to be 30 days before trial. But it closes 30 days before trial. I feel I still don't completely understand the deadline, but I now at least know to get it done early, at latest 65 days before trial. That being said- it would have been understandable and permissive for the Plaintiff to just ignore my discovery requests. However, they ended up replying the day before the trial with a point by point refusal of each of my discovery demands per my violation for CCP 2024.020(a) So, why even bother sending me that? Did they have to? Or, were they trying to psyche me out? Anyway... TRIAL DAY! I wake up early, keep a positive attitude, go the gym, "Mama Said Knock You Out" on repeat! Get to the court house early. Breathing deep. Courtroom doors open at 9:00 am sharp. Friday trial call. Everybody signing in. All kinds of people and civil matters stacking the day's schedule. Contract lawyer for the Plaintiff strides in, calls me out while he signs in and announces "I'm going to dismiss your case" . We wait for the judge to call us into the octagon to make it official. And that's it! 5 minutes. So, what happened here? Am I lucky? Did I simply answer and show up? Did I use the Magic Words? Well, like I said- no gloating here. I got TWO MORE of these things on deck.
  4. 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
  5. 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 ball rolling. They sent the PRA lawyers 3 requests for the payment for the case to proceed (which exceeds what I owe). The last date was 2/14. I got a notice today that says that they (AAA) are not moving forward with the case because PRA lawyers haven’t paid. My question is, what do I do now? Take a copy of all of the AAA paperwork and file it with the court to cover my a$$?
  6. 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. I just had a Trial Readiness Conference (Civil) and frankly, I'm in the dark at this point. Session was quick, but I had some questions. Perhaps, I was waiting for the judge to bring them up/ ask about them? • When does the Settlement Conference take place? Because, I'd like to settle. I've sent an offer of 10% twice in writing/ fax. No response. • I'm still waiting for Plaintiff to respond to my Discovery/ Request for Documents. • Neither Plaintiff/ PRA or H&H have been showing up in court. The attorney representing them seems to be a third party lackey that handles numerous cases like this for many clients. I'd really like to know what that guy does and who he is. Shouldn't the Plaintiff/ Attorney be in court for all of this stuff? At the end of the session I was given an Advance Trial Review Order. What's that? Do I need to file it back with the court? I can see the Plaintiff already has. Thank you, #Fumbling in The Dark
  7. 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
  8. 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
  9. 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
  10. 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.
  11. 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
  12. 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
  13. 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.
  14. 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
  15. 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.
  16. 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.
  17. 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
  18. 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
  19. 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!
  20. 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?
  21. 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
  22. 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.
  23. 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.
  24. 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!!!
  25. 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.