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Just got notice: Action for money judement


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I dropped the ball on this one. At one time I DV PRA and they never did respond.

Now a local atty is taking this case and sent me a dning and I didnt respond. He followed with small claims action.

I am wondering if the Dning letter he sent is overshadowing.

I never set up any contracts with PRA and dont believe they even owed the debt 12/31/04.

The amounts they PRA claimed I owed is was a few hunderd more than what this letter states.

Any guidance would help.

Here is the letter.

Dated 12/7/06

So and so Law firm letter head

Creditor: PRA

OC: Providian

Balance: 1772.90

To Whom It May Concern:

You are now in default of this credit transaction. You have a right to cure this default until Jan 2, 07. If you do so, you may continue with the contract as thought you did not default. Your default consistes of failure to pay$710 due 12/31/04.

Correction of the default: Before Jan 7,07, you may cure the default by forwarding the sum of $710.00 to PRA at the address noted above. If you do not correct the default by the date stated above, PRA may exercise its rights against you under the law. If you default again in the next year, PRA may exercise its rights without sending you another notice like this one. If you have any questions, write or telephone the undersigned at he address or telephone number listed above.

You presently owe PrA the sum of $1177. Unless you notify us within 30 days after receipt of this letter that the validity of this debt, or any portion of it is disputed, we will assume the debt is valid. If you notify us in writing of a dispute, we will obtain verification of the debt and mail it to you. Upon your written request with in the 30day period, we will provide you with the name and address of the OC if different than the current creditor. This communication is from a debt collector and is an attempt to collect a debt.

Any information obtained will be used for that purpose.

No signature …PLC

P.S. If you want to set up a payment plan on this debt, please call or write!

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1. Who is suing you?

Plantiff: PRA.

2. For how much?

1700

3. Who is the original creditor?

Providian

4. How do you know you are being sued?

Filed Original Notice action for money judgment

5. How were you served? Were you served?

Personally

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

Directly with PRA…never with the atty who is handling this now.

7. Where do you live?

IOWA

8. When is the last time you paid on this account? Never paid on the account to PRA

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

No listing of this ONLINE

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Yes

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

Yes, only with PRA

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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?

Yes

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Verification of account, identification of judgment debtor and affidavit re military service and the 12/706 dunning letter from the atty filing this. Affidavit of balance due, verification of account, identification of judgment debtor and affidavit re military service signed by a person in Norfolk, VA

14. What is the SOL on the debt? To find out:

Within SOL

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I'm confused. You say there was a judgement issued, but there's no record of it? Did you call the court house to make sure? If it was small claims, then it might not be online. On the other hand, if its not really a judgment, but this lawyer sent you something that leads you to beleive its one, then yes, that's overshadowing.

Check with the court house...

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Okay, I'm still confused...its kind of my normal state.

In your first post, you show what looks to be a standard CA letter saying pay up, or else...with the mini-miranda on it. Did you DV that letter?

In your second post, you answer the "who's suing you" questions...and mention that you got a "questionaire" regarding the law suit. Did the CA actually file a suit in small claims, and you received a "request for discover" from the court? Or did the lawyer send you a questionarie making you think you've been sued?

And then, looking at your response to question 11...you say you did DV PRA. Did they respond? Is it them that suing you, without validation?

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The courthouse confirmed this is a case filed by PRA atty.

Before PRA hired the local atty, I did DV them and they did not respond. This was back in early 06.

On 12/7/06 local atty for PRA sent me his dning letter. I dropped the ball on dving him.

On 1/16/07 I was served a notice for money judgement that I need to answer. Along with the notice was attached the Dning letter the atty sent on 12/7/06.

In his 12/7 letter: Correction of the default: he states "before 1/7/07 you may cure the default by forwarding the sum of 710.00. Is this over shadowing? Asking me for partial payment before my 30days.?

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Okay, I think I understand now.

If PRA still owns the debt, or if they're still handling the same collection for someone else, then your original DV should still hold.

While it is possible that by the new attorney saying you could "cure the default" by handing over money, he's done some overshadowing...I'd suggest you just plan on showing up for the court date with your a copy of your original DV letter and point out to the judge that you asked for validation and none was offered...instead, they filed suit which could be considered "continued collection" under the FDCPA.

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