Rberry68 Posted December 18, 2010 Report Share Posted December 18, 2010 Portfolio Recovery Associates claims to be collecting a debt that was owed to Wells Fargo. I have no knowledge of this debt and Wells Fargo can't give me any information. I received a "summons" letter via an attorney, and checked with the county clerk who had no info. I sent a DV letter to the attorney and Portfolio Recovery via certified mail. They received it. The attorney responded with a Certificate Of Service Of Discovery, seven pages with interrogatories, request for production of documents, requests for admission, all in some legalese double talk that I can't comprehend.Is this an adequate response to the DV letter I sent?What is my next step? Link to comment Share on other sites More sharing options...
nascar Posted December 18, 2010 Report Share Posted December 18, 2010 If what you received was indeed a "summons," you'd better read it very carefully and see whether you have to appear at a certain date or time of whether you need to file an answer with the court. Do the documents have a case number? Don't necessarily take the word of the court clerk who may or may not have "really" looked when you called. Take the papers down to the clerk's office and make sure they look.It appears you're being sued. However, I have to tell you, I'm not familiar with the procedural rules in Utah and it seems a bit odd for an attorney (if that's in fact who sent the documents) to send something that impersonates court papers (a violation of the FDCPA). Having said that, there are a few states (Texas, for one) which allow discovery in anticipation of litigation but I don't know if they're allowed to be formatted like regular discovery or if they have to specifically state that no litigation has taken place, or whatever.You really need to check, though. And forget about the DV issue for the moment, until you sort this other matter out. Link to comment Share on other sites More sharing options...
Rberry68 Posted December 18, 2010 Author Report Share Posted December 18, 2010 Thank you for your response. I was just looking at the "summons" letter again. It has no case number or judges name listed, and at the bottom it says "this communication is from a debt collector".The second letter "Certificate Of Service Of Discovery" does list a case number and judges name, which, by the way was not sent certified but regular mail. I will check with the court clerk to see if this is legit on Monday. I have no idea how to respond to this letter or where to send it (back to the attorney it came from or to the court?). I cannot believe this is happening when I know I never had a credit card account with Wells Fargo. Link to comment Share on other sites More sharing options...
moosie Posted December 25, 2010 Report Share Posted December 25, 2010 It is more than likely a "scare summons" and it happened to me more than once back in 2005/2006Make sure you go to the courthouse and find out for sure whether this even exists.If it doesn't, I would sue. I believe sending documents that appear to be legal court documents is illegal now. One of the collectors sent me yet another bogus "legal document" after I called them on their bogus summons and it was a dismissal. Funny thing was that the signatures didn't even match and not only that the signature was a completely different name than the one typed under the sig line.I definitely would not let this slide if this is not a true summons. Link to comment Share on other sites More sharing options...
Prosay Posted December 25, 2010 Report Share Posted December 25, 2010 If it is not a true summons, then you can nail them for MAIL FRAUD under USC TITLE 18 Chapter 63...FRAUDS AND SWINDLES....a very serious violation CARRYING VERY SEVERE PENALTIES INCLUDING VERY HEAVY FINES AND UP TO 10 YEARS IN PRISON.GOOGLE THE ABOVE LAW...YOU'LL SEE WHAT IT SAYS !Also may be a violation of SECTION 5 OF THE FTC ACT...(deceptive practices)Also, determine if the CA and or their attorney are licensed and bonded in your state. Link to comment Share on other sites More sharing options...
Prosay Posted December 25, 2010 Report Share Posted December 25, 2010 Portfolio Recovery Associates claims to be collecting a debt that was owed to Wells Fargo. I have no knowledge of this debt and Wells Fargo can't give me any information. I received a "summons" letter via an attorney, and checked with the county clerk who had no info. I sent a DV letter to the attorney and Portfolio Recovery via certified mail. They received it. The attorney responded with a Certificate Of Service Of Discovery, seven pages with interrogatories, request for production of documents, requests for admission, all in some legalese double talk that I can't comprehend.QUESTION: WAS A SWORN AFFIDAVIT ATTACHED TO THE SUMMONS, did they provide any documentation...agreement, copies of statements, etc with the summons ?Is this an adequate response to the DV letter I sent?What is my next step?I think by law your VALIDATION REQUEST MUST BE ANSWERED in a timely fashion. I would send the attorney a letter advising them that your DV requests have not been honored either by them or by Portfolio and you anxiously await their response.Ask the attorney and PORTFOLIO to show "standing" in this matter...meaning, does Portfolio represent WELLS FARGO BY ASSIGNMENT....if so please show copies of a properly executed and signed letter of assignment...signed by a Wells Fargo executive....or has Portfolio purchased this account from Wells Fargo ? If so, Portfolio is requested to show proof of purchase by submitting a copy of a properly executed Bill of Sale showing the valuable consideration paid.HAS THE ATTORNEY entered into a properly executed "retainer" agreement with portfolio...please show proof thereof.Advise them you will be in better position to answer their requests for DISCOVERY when they have answered your VALIDATION REQUEST.I would advise the attorney that it was your intention to assist in bringing this matter to closure, but they must provide "due process" by answering all your questions and respond to your Validation Request. Remind the attorney that he and his/her firm are accountable under "THE ATTORNEY ACCOUNTABILITY ACT OF 1995"When you close out this letter, note at the bottom:"TO BE FILED AND DOCUMENTED WITH THE COURT CLERKIN THE COUNTY OF: YOUR COUNTYSTATE OF (YOUR STATE)Best wishes and HAPPY HOLIDAYS ! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted December 25, 2010 Report Share Posted December 25, 2010 In Utah a summons and complaint is allowed to be served first and filed later, sort of similar to Minnesota's pocket docket system (NY had same type of system up until 2005). That could explain there being no case number or judges name on the summons. And oddly, in Utah plaintiff's are allowed by statute to serve a summons and not file it (i'm assuming because sometimes parties may settle before the case is filed in a court)Rule 4©(1&2)© Contents of summons.The summons shall contain the name of the court, the address of the court, the names of the parties to the action, and the county in which it is brought. It shall be directed to the defendant, state the name, address and telephone number of the plaintiff’s attorney, if any, and otherwise the plaintiff’s address and telephone number. It shall state the time within which the defendant is required to answer the complaint in writing, and shall notify the defendant that in case of failure to do so, judgment by default will be rendered against the defendant. It shall state either that the complaint is on file with the court or that the complaint will be filed with the court within ten days of service.If the action is commenced under Rule 3(a)(2), the summons shall state that the defendant need not answer if the complaint is not filed within 10 days after service and shall state the telephone number of the clerk of the court where the defendant may call at least 13 days after service to determine if the complaint has been filed. Link to comment Share on other sites More sharing options...
Prosay Posted December 25, 2010 Report Share Posted December 25, 2010 The TENN law states that a summons must be served to the person(placed in their hands) to whom it is directed, or left with someone at that address who is competent to receive the summons, and the process server must submit a sworn affidavit to the court clerk attesting that it was personally served and state the name of the individual to whom it was served. If such attempt is unsuccessful, the clerk has the option of mailing the summons to the proper address....Check your state law on how summons are required to be served. If it was mailed to you and not by CMMRR ( YOU DIDN'T SIGN A GREEN CARD)...then the opposition has no proof that he/she mailed the summons.If I am ever served...they will either stick it in my sweaty hands, or they can take a hike, or at least I will sign a green card. Link to comment Share on other sites More sharing options...
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