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  1. 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?
  2. Midland Funding has started a new court strategy in Texas and maybe other states also. Reviewing the Texas online court records, Midland has started opening old cases with Default Judgements. They have reopened dozens of cases in 2019 and none in 2018. The cases are asking for courts to garnish money from major banks like JP Morgan and others. I don’t think the law has changed in Texas regarding garnishments, ( Texas law prevents wage garnishment on consumer debt.) Midland has found something or someway to get information on the defendants in their old Judgment wins. If any
  3. I was sued by Portfolio Recovery Associates LLC (OC was PayPal Synchrony), had court last week, and it ended really bad. I got a continuance for 90 days and will be going back in November, and I would really appreciate any help/advice I can get. So a little background story, I did not open this card, 2016 a relative stayed with me and basically opened a lot of stuff under my name, I tried paying some of it but I couldn't keep up and due to stress (I was in last semester of college - graduation, working full time, two kids, and also getting married the same year - then got my hours cut an
  4. Hi all, I really wish I had come across this site sooner than my deadline (tomorrow) to respond to the interrogatories, production, and admissions because I would have been able to sift through more responses here. Would anyone be willing to review what I have answered (many from this site, thanks!) and help with some answers that I have left out? I lost some steam and ideas to respond with around #8. I've "beat" the rent a lawyer from this office once in small claims and had a case dismissed but this one is large enough to be in Civil Court and I don't want to shoot myself in
  5. Received summons from Portfolio Recovery for pre-trial mediation. I read up on a forum from 2013 about proving ownership of debt. With summons I received: pages: 1. Served page 2. Right to venue 3. Complaint for damages and on this page account stated count 1 #1-3 nothing unusual #4 capital one has assigned the subject account and plaintiff is the owner of debt. 4-5. old capital one statement 6. Your account has charged off from capital one. 7-12. Old capital one statements. There is absolutely n
  6. Hi all, Thank god for this forum. I received a summons from Portfolio (via bike messenger at 9pm) on behalf of my fiance in Oregon. She's being sued by PRA for 1500 dollars that she owed to Citibank. It does appear on her credit, and has for some time. At this point, she has 30 days to respond or they get a default judgment, which seems to be their entire business model. Here's my problem: we have no idea how to respond. Do we need to fill out standard forms/paperwork? Do we need to draft our own letter and file it with the county clerk? Do we need to copy the listed PRA attorney on said
  7. Hi- I've been following these forums since January 5th when I received my "threat of being sued" letter came in the mail from Winn Law Group. After doing some online research, I realized who they were and that they were really and truly coming after me. A summons was attempted to be served at my home on Friday, February 2 while I was at work (my husband told them I wasn't home). At this point I've found my case on the San Diego Case Search website and am basically just waiting to be served by mail presumably. When I received the original letter from Winn on January 5 (dated 12/28
  8. So I've been doing some research into the PRA debt collection cases in my State and looking at the court records of events to possibly get some tips on how others are fighting them if they even contest it at all, which most don't. Well I really haven't found anything more helpful than what I've learned from the fine people of this site. But I did find out that last year PRA filed over 5,000 lawsuits statewide and as I'm typing this a single Attorney has over 900 open cases! I just think that's crazy! That should be illegal. Every case is filed electronically, signed electronically and in almos
  9. 1. Named Plaintiff: Portfolio Recovery 2. Law firm handling suit: N/A. 4 individual lawyers and bar numbers are listed, with no firm name. I'm not positive that they are not simply employees of Portfolio? Names are Emily Pierce, Jordan Cook, Lori Williams, and Kristen Brinkerhoff. 3. What is the amount of the suit: More than $1,000, but less than $1,500. 4. Who was the original creditor: Capital One. 5. How do you know you're being sued: ... I was served with papers on Sunday, 30 April 2017. 6. How were you served: In person. 7. Was the service legal as required
  10. Everyone has a story.. I'll make mine short. Life altering unexpected decline in health lead to unemployment. No support system, no help. It took me about four years to get both my health and life back on track. I met a girl four years ago who I'd like to marry. We're moving next summer and I want to prepare my credit to buy a home in the next year or two. I beat Cavalry in court on one account (thanks to this community!), the rest have surpassed the statue of limitations here (5yrs). AMEX ($3,500) - Est Removal: 10/2018 Portfolio 1 ($3,000) - Est Removal: 02/2019 Portfo
  11. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited li
  12. Hello and thank you for reading/trying to help, I'm in the process of looking for a home to buy and have been pre-approved for a mortgage. I was told that no matter what I have to take care of the open/active collection I have reported on my credit reports by Portfolio. The SOL is up and they cannot sue me for it, but the account is to stay on my credit reports for 2 more years. I tried disputing it with the credit agencies but had no luck. Portfolio actually sued me for a different account a year ago, which I challenged and won; I'm guessing that's why they let the SOL expire on this one a
  13. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  14. First contact: I received a letter from a local consumer rights attorney on July 28, 2016. Second contact: Left taped to my front door....IMPORTANT!!! (My name spelled incorrectly) An attempt was made to deliver IMPORTANT Court Documents to you today
  15. I've read several different cases on this site regarding portfolio Recovery but I'm freaking out since I sent in my answer and also requested info on how I proceed for file for discovery but no answer instead I get a letter today from the judge with a court date and stating if no show a judgement would be placed. Do I just send a copy of the request for discovery since they never gave me an answer on the process of it? I will be ordering the book @texasrocker suggested this evening but I'm just really scared since I've never had to appear in court or in front of a judge ever in my life. I
  16. I ran across this case where PRA lost summary judgment on an FDCPA claim and haven't seen it posted. Same areas covered as the CFPB order against Portfolio. It looks to me like some of these consumers will get paid both under the CFPB order (Sept 2015) and from the FDCPA lawsuit last month. Magee et al v. Portfolio Recovery Associates, U.S. District Court, Northern District of Illinois, No. 12-cv-1624 http://www.insidearm.com/daily/debt-buying-topics/debt-buying/court-finds-settlement-offers-on-time-barred-debts-without-disclosure-of-the-fact-that-the-debt-is-time-barred-to-be-fdcpa
  17. Anyone have any tips on post judgment settlement with PRA? I have a default judgment that I am trying to settle and looking for advice.
  18. First post and very glad I have found this forum. Initial plan if I understand it correctly is to file then serve General Denial CMRRR (any help with affirmative defenses would be great), send BOP CMRRR, then start strategizing from there. I have been reviewing the stickied posts and starting to go through the older posts; I hope the information I provide is useful. Thanks in advance for any assistance. Exact quotes, amounts, and identifying info have been sanitized and abbreviated. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES, LLC. 2. What is the
  19. So with all the reading I have been doing and the battles I have faced so far, I am not sure I have my mind around one issue. Portfolio has been calling about a GECRB account that was last paid on in 2010. I am in KY and in May of 2015 they sent a letter about this account that said "Second Notice: Forwarded to Litigation Department ... " I was misfiled with another issue I was dealing with and I found it looking for other information on the other account. It has been 9 months and nothing has been filed and the calls are coming twice a day every other day. I have talked to them once and t
  20. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process
  21. First of all, Thank you for any and all assistance. I recently recieved a subpoena notifying me that I am being sued by Portfolio Recovery Associates. I have never been issued a subpoena before and have no clue what to do. I am panicking. I have attached the first 5 pages of the subpoena. The other documents included are sell of the debt and a credit card statement from 08/2012. If I need to include those, then I will. The documents have been edited to remove personal information (name, address, case number, ect.) If needed, I will PM you. Thank you again, redd4949 Here is how it r
  22. Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking about...no reference numbers or anything. I did recently do requests f
  23. 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 and Henriques 3. How much are you being sued for? $5,832 4. Who is the original creditor? (if not the Plaintiff) U.S. Bank National Association 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) Served in person at my home. 7. Was the service legal as required by your state? Yes 8. What was your corresponden
  24. Hi All, I'm very new to this forum, however I will say I've been reading like a madman all the information here over the last two days. The knowledge is incredible and it's give me hope. I have already been to a hearing, to determine if we were going to settle or got to trial, I knew to deny everything and I did. I told the judge they hadn't provided any proof I own the debt other than the assignment document and two statements with my name and address on them. The judge basically told me requesting proof of the debt won't help me, which kind of made me feel like there was no chance. As I le
  25. Does anyone know where I can find examples of Trial Brief(s) and Declaration(s) in Support of Defendant's Trial Briefs for the following Causes of Action? Common Counts: 1. An open book account 2. For money had and received by defendant for the use and benefit of plaintiff. for work, labor [yes, that's really how they listed it in the complaint] 3. For goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff 4. For money lent by plaintiff to defendant at defendant's request 5. For money paid, lent out, and expended to or for defenda