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Found 5 results

  1. Hello everyone, I am from Texas. I will ask my questions first and give you specifics further on. Is it unlawful for PRA to sue me over the same alleged debt over and over again even if they don't have all documentation and have no real intent to win? Isn't this act alone a violation of the FCDPA? Does PRA suppose to delete the tradeline of the alleged debt from all credit reporting agencies (CRA) after they loose each suite, but they don't? What is my recourse if any? Specifics.... Lawsuite #1 brought by PRA. 1. Plaintiff's (PRA) representatives, Rausch Sturm. 2. Alleged debt $3,400+ from CitiBank card. 3. Venue and service was correct. 4. My answer was sent timely and proper. 5. Sent amendments to my answer properly 6. I sent a Motion for Pretrial Conference (MFPC) and was granted. Date set for conference. 7. I show up for conference, PRA is a no show 8. Trial date set. 9. PRA sends Motion for Continuance (MFC) and is granted. 10. Trial date set again. 11. I show up for trial, PRA is a no show 12. JP is perturbed at PRA because he just received a 2nd MFC from them 2 days before trial date. 13. He denies their MFC and rules in my favor, Dismissed for Want of Prosecution. 14. I won Lawsuite #2 brought by PRA 1. PRA's representatives are Rausch Sturm 2. Alleged debt $3,400+ from CitiBank card, same debt as before. 3. Venue and service was correct 4. My answer was timely and proper 5. Trial date set. 6. PRA submits a MFC and was granted (sounds familiar) 7. Trial date reset 8. I show up for trial, a local representative that was hired that morning by PRA and she shows up, out of breath and obviously unprepared. 9. I questioned her credentials and if she was a lawful representative for the plaintiff. The JP verified her credentials. 10. She called me out of court to discuss if I wanted to admit to the debt, etc. I said no. She said she had proof of the debt in her briefcase. I told her that this "proof" was a surprise, I object to it, and it better be accompanied by proper Chain of Custody and affidavits from each record keeper involved. 11. She got up directly and walked back into court, with a scowl on her face. 12. She immediately told the JP that she had no doubt I owed the debt, but due to her client lacking proper documentation and proof that they move for a Non-Suite at this time. So by her own motion her "lack of doubts" became completely irrelevant. 13. I won again 14. When I get home, I received a copy of a 2nd MFC that evidently was filed too late by PRA. I am a practical person. If someone, especially a large law firm, were to sue someone they would be prepared and have every little bit of proof and documentation at the ready. Rausch and Sturm and PRA are unprofessional, abusive with no intention of showing proof and documentation for their suite, and just plain buffoons. I don't think their cornbread ain't done in the middle. Even though they loose cases they will still keep their tradelines on your credit reports even if a judge rules against them or they choose not to prosecute (non-suite). I am sure they will do this again. Thank you and God bless from Texas.
  2. I was sued by portfolio recovery associates and served in November 2018. I did not respond within the 30 day period. There is a order to show cause why sanctions should not be issued against plaintiff for failure to file default judgement scheduled for December 2019. As of today 4/29/2019 a default has yet to be issued against me. Is there anything I can do at this point to prevent this default from being issued? Is there no answer that I can send after the 30 day window? Will showing up in court even help me?
  3. I just Filed an appearance, idk what to expect at court, can someone give me more info. Especially on how to create my defense
  4. Hello, I just found out from my mom that two different process servers have been to her house to serve me. I moved out about 3 months ago ( I have not done a change of address) so she tells them "No one by that name lives here". So I can only assume that may be the reason they do not leave the court papers at the door, and it may also be that she answers the door through the RING doorbell. I live in Little Rock, AR, so I was able to find the summons and complaints online. I found out that Midland and PRA are suing me for two credit cards I defaulted on when I was laid off my job. I just checked my credit report, and all it states is that it was "Charged Off" and not sold. The evidence that they submitted is a bunch of card statements with NO account numbers on them, and also some notarized document stating that, and i am paraphrasing "Someone who works for PRA is a record keeper, and is telling the truth that I OWE them this debt" So I am needing some advice on what to do, I do want to answer the lawsuit, but I am at a lose on what to do. Don't they have to prove that they really bought this debt? Oh also want to add that my sister is being sued by some lawyers who claim to represent Capital One. She also looked at her credit report and it states that it is charged off.
  5. Hello everyone, I was served Saturday (7/22/2017) morning with a suit for unpaid debt. This is my first time ever dealing with a legal matter and I never even been in a court before except for jury duty. I'm nervous about this and will happen and what I should be doing. The date on the summon is 8/22/2017. I am lost at what I should do by then. I really need a step by step instruction. I have read a lot online and it is getting overwhelming. Do I need to submit an appearance? what about an answer? Am I expected to show up on that return date? Or maybe hiring an attorney would be the best for this? Since I don't understand any of the stuff written in the summons. I would greatly appreciate any guidance or help from anyone here. My financial situation at the time and now still have not improve to settle on this matter. 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.) Blitt and Gaines PC 3. How much are you being sued for? $4140.89 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank / GAP 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? Not even sure if I even received anything from them 9. What state and county do you live in? Illinois - Jackson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 2015 11. What is the SOL on the debt? To find out 5 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). 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? 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? Date on the summon 8/22/2017. I do not receive a questionnaire regarding the lawsuit. I will attached the claims they made at the end of this post. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copy of the last payment made on the account prior to charge-off (Exhibit 1) and an Affidavit from Custodian of Record. Also attached the whole document provided.
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