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Showing results for tags 'sued by portfolio recovery associates'.
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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.
Any lawyers in California that can help me
Nehv posted a topic in State Laws, Case Law, Sample FormsHello, 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.