Update on case with Portfolio Recovery Assoc--- so far, so good, More ??????

[wildbill_hickup]

Progress with case against Portfolio Recovery Assoc (PR)

OK we were granted the "Vacate default Judgemnet" judge even gave wife a little advice. Nice judge very patient, has a history of dislike for shisters. Overturned almost without us saying anything. She just said she never knew about it and that she didn't live at that address anymore, and gave the name the CA of the lawyer representing and that was it. He said OK overturned, how long do you require to prepair your answer to the complaint (20 days being normal)? She said that would be fine, he granted her 30 days. Like I said nice judge (I was sitting in the back and noticed a slight look of disgust when PR's lawyer's name was mentioned).

Questions:

(1)Do we treat this as 'square one' and send a request of Debt Validation to the Plaintiff?

OR

(2)Correct me if I'm wrong (this is a civil court case, not small claims), isn't 'discovery' used in this case to find out what they have, or were they required to file everything they had (supporting documents) with origional complaint? If so we have copies of all paperwork they submitted, and according to what I have read here they have NOTHING.

(3) We could also use some help on filing a counter claim.

Most everything has been posted reguarding the case previously so I'll avoid taking up alot of space repeating it here. This is what I believe we have.

(A)Deceptive practices to try and deny us 'Due Process' We can prove that both PR and their lawyer requested CR's on two different occasions. Contained in both CR's were current and correct address, knowing this they sent all service of process to a 10 year old address.

( Speaking of CR's, don't they need permission to aquire such? They didn't have it!!!

© From what we have seen so-far they have absolutly NO paperwork to back any of this up, they haven't even stated who the OC was. All we have is a statement that it was a credit card account and the number. The previous Name and address they used dates back 10 years SOL in Mass is 6 years 7 maybe. WE can't really establish SOL as there is no reference to this CC account in any of all three CR's dating back to 1994. Isn't there something about knowingly filing suit in a case that can't be won?

(D) Lastly, it wouldn't be a bad thing to walk away from this with a little cash in hand, particularly to cover at least 3 trips to another state to answer. Trips are 600 miles round trip. Our primary goal though is to inflict as much damage to these folks and there lawyer as possible. Here is what I think I have so far.

Lawyer reported to Mass Bar, and to states attorney's office.

Reason: Took part is some very disceptive practices(as outlined above) anbd filed deliberatly misleading documents to the court.

What else can I do to them PR and thier slimeball lawyer? Not exactly sure what can be done under FDC?A I know we can report to BBB, Portfolio appears to be base out of Virginia Since we never actually recieced anything from them (all came from lawyer claining he represented them) can we report them to Virginia States Attorney.

We're gainin'

Wildbill

[montanatim]

Yes treat it as square one, file your answer, check your RCP for any discovery rules, and when your RCP or judge says GO, shoot off your discovery (document productions, witness lists, admissions, interrogatories etc)

You should read the FDCPA it's not that long, and the FCRA. they are at the top of most any page here amid all that little blue writing. You will have a better eye for picking out violations in your case simply because you are intimate with your circumstances in a way we can not be.

If the state law where you are going to court has a Statute of repose or something similar then they would probably be in doo doo for even filing.

[wildbill_hickup]

THEY BACKED DOWN:BigDance:!!!!!!!!!!!!!

Shortly after returning from court my wife put together her 'answer' using a very helpful website provided by Mass. court system on court rule and procedures. A copy was sent to the court and to the plaintiff CMRRS In the letter to the plaintiff she also added that we would be glad to present our case in court if they wished to persue the matter further. If so they would also have to consider the possiblity of a counterclaim should we prevail. :twisted:

Well yesterday we recieved a letter from plaintiff's attorney complete with a Stipulation of Dismissal. In the letter he asks for her to sign it and return origional to him. Victory I think:confused:

Here is what bothers me.

One he claims (lies about) that he didn't know she resided in Vermont when it was very clear he did.

Two I will quote the stipulation " Pursuant to the provsions of Rule 41(a)(1)(ii), the parties herein have stipulated that this action on behalf of Portfolio Recovery Associates LLC, plaintiff herein, be dismissed without prejudice as to the defendant (wifes name), as to all claims and counterclaims. The part about 'without prejudice' bothers me a little

Three there is this little problem of credit report repair that is not mentioned.Insist that they remove all referance to collection attempt from all credit reports

Four there is also this little matter of the money we spent, do to their little indiscresion. Who pays for that??????

So I guess my main question is. Do we have to accept the Stipulation of Dissmissal or can we demand that it be more concise, or do we demand compensation from them in order to sign or both.

Thanks for all the help in the past

WIldbill

[cjtx]

In general, you can file counterclaims... but you usually do it at the same time with your answer or your amended answer. Check your state's rules of civil procedure to see the right way to do it.

And obviously, you don't have to agree to the "without prejudice" stipulation. If you just want to get it over with, call them up and tell them you intend to countersue if they don't dismiss it w/prejudice.

[txlimo]

First off, congratulations on getting Portfolio Recovery to back down! I think that is awesome!

Now, as the FNG (freakin' new guy), I'm going to throw in my 2 cents. I would get them to change the wording to dismiss with prejudice so they can't pursue this anymore. I would also make them remove it from your credit report. If they won't do that, then I've seen other folks have CA's put a non-disclosure agreement in their settlement. Once it is signed, sealed, delivered, then DV the TL with the CRA. Based on the non-disclosure agreement, they can't verify the TL and *viola* it is dropped from your CR. If you do some searching on here about that I'm sure you can find something about it.

Like I said, I'm the newbie so take it with a grain of salt. There may be others that have more experience/insight than I do.