Going to Court 3/22/2011 & Scared

[Mary124]

Hi, Got a certified letter to appear in front of the magistrate on March 22. Portfolio Recovery is sueing me for an old Cap. One account. Do I owe the money...yeah I do, but not 3000. My credit limit was only $1000 at the time.

I know I'm going to have to pay. Should I call Portfolio before time and make arrangements or just go to court. If I go to court, what would a good defense be?

I'm scared!

Mary

ps~I'm in Pennsylvania and I don't think the SOL is over. Maybe it is, I'll have to check.

[donqII]

Hi, Got a certified letter to appear in front of the magistrate on March 22. Portfolio Recovery is sueing me for an old Cap. One account. Do I owe the money...yeah I do, but not 3000. My credit limit was only $1000 at the time.

I know I'm going to have to pay. Should I call Portfolio before time and make arrangements or just go to court. If I go to court, what would a good defense be?

I'm scared!

Mary

ps~I'm in Pennsylvania and I don't think the SOL is over. Maybe it is, I'll have to check.

Mary,

What specifically did the letter say?

What else have you heard from Portfolio?

Pa. sol is 4 years.... when did you default?

Also are you in eastern or western Pa.?

[Mary124]

I live in Eastern Pennsylvania. I'm in Luzerne County.

The letter says: Civil Action Hearing Notice.

Civil Complaint: Portfolio Recovery vs. Me.

Also says Original Creditor is Cap. One. and Default amt. is 2900.

Says I must appear at the hearing at 9am 3/22/2011 and if I intend to enter a defense to this complaint, I should so notify this office immediately at the the above phone number.

If I don't appear, judgment may be entered against me by default.

If I enter a defense, the plaintiff will be notified.

[Randall948]

"I know I'm going to have to pay....."

Just a little thinking outside the box here. But you really do not KNOW you are going to have to pay. Last I checked PA is a non garnishment state meaning they cannot take your paycheck prior to it getting to you. Garnishment is far and away the collectors biggest hammer against you as if you work there is no real way to block it besides working for cash "under the table. This is not recommended.

Therefore some preventative measurements related to a bank account (for example moving to a prepaid credit card to deposit your funds in) goes a long way to blocking collectors attempts on you.

A judge cannot just say to you "you lost, now pay them or go to jail". A judgment is just that, a "judgment" that says you owe the money and that they can now go hunting for it from you legally.

Research endlessly your defenses but also as a backup plan research endlessly what your state laws say they can and can NOT do to collect on you post Judgment.

"I'm scared!"- I know its hard but dont be!! This is what they want. You to be scared

[donqII]

I live in Eastern Pennsylvania. I'm in Luzerne County.

The letter says: Civil Action Hearing Notice.

Civil Complaint: Portfolio Recovery vs. Me.

Also says Original Creditor is Cap. One. and Default amt. is 2900.

Says I must appear at the hearing at 9am 3/22/2011 and if I intend to enter a defense to this complaint, I should so notify this office immediately at the the above phone number.

If I don't appear, judgment may be entered against me by default.

If I enter a defense, the plaintiff will be notified.

I am sorry I don't really know what you are expected to do in a magistrate hearing scenario.

I think you need to call the magistrates office and tell them you definitely

are defending this case.

But ask them how you defend in a magisterial court.

Ask them if you are supposed to file an answer to the complaint and affirmative defenses? If they say no, then ask them what you are supposed to do. If they say yes, then ask them where you file for magisterial court.

I am in Western Pa. My case is in my local courthouse. I had to file and answer and affirmative defenses.

Also.... This is a JDB.

You want to go to http://www.creditinfocenter.com/forums/forumdisplay.php?f=198

This will give you some good ideas as to defenses.

If you are just to show up in court then you want to be able to say something. This link should be able to help some.

But as you were told to let them know right away if you intend to defend

so they can let the plaintiff know you really need to do that or they most likely will get a judgment.

I know you are scared. The best advice I can give you, and I don't mean

to be harsh.... but get over it. Now it the time to fight.

You can learn a wealth on here and people will be along to help answer your questions.

But first thing first... Call them and find out what they expect you to do

to defend yourself.

[LearningasIgo]

Hi, Got a certified letter to appear in front of the magistrate on March 22. Portfolio Recovery is sueing me for an old Cap. One account. I'm scared!

Mary

.

I've had the same scenario once upon a time, Portfolio and Cap One. However, when I called Cap One to see who owned what, Cap One couldn't find hide nor hair of me. Portfolio had, obviously, purchased my account, but still were claiming to represent Cap One. Once I knew who owned what, it made my defenses easier to figure out. It never progressed past the VA stages, and in my letter I informed them that I knew Cap One did not "own" my account, and that, in effect, they couldn't be representing them. Never heard from them again.

[Prosay]

I've had the same scenario once upon a time, Portfolio and Cap One. However, when I called Cap One to see who owned what, Cap One couldn't find hide nor hair of me. Portfolio had, obviously, purchased my account, but still were claiming to represent Cap One. Once I knew who owned what, it made my defenses easier to figure out. It never progressed past the VA stages, and in my letter I informed them that I knew Cap One did not "own" my account, and that, in effect, they couldn't be representing them. Never heard from them again.

...and you should have told these guys that "since they committed MAIL FRAUD when they sent the letter to you claiming to represent Cap1, then you were going to nail their a$$-ets to the barn door by filing a complaint with the State Attorney General's Office as well as the US Postal Service Fraud Division charging them with violation of US CODE TITLE 18 CHAPTER 63 COLLECTIONS ( MAIL FRAUD, FRAUD AND SWINDLES) WHICH IS A FELONY and carries penalties ranging up to 10 YEARS IN PRISON, and UP TO

$1000,000.00 FINE....

and then followed thru with the authorities.

You could have also filed a copy of your letter to the FEDERAL BUREAU OF INVESTIGATION and charged them with attempted extortion by using the US Mail, which would be even more serious if the letter they sent to you crossed state lines( assuming it did cross state lines) in the commission of violating the US Mail Code cited above.

and since your case was filed with the court, and no doubt dismissed, then you could have nailed these guys for "malicious prosecution' AT WHICH TIME THE ATTORNEY COULD HAVE BEEN HEAVILY SANCTIONED AND EVEN DIS-BARRED....AND MAYBE EVEN A LITTLE TIME IN THE SLAMMER.

MY MOTTO IS "TAKE NO PRISONERS and GIVE NO QUARTER" when you catch these complete idiots in violation of any law.

Edited March 8, 2011 by Prosay

[citygirl2009]

Take a deep breath!!! All the collection agency wants you to do is see the summons and get scared into paying some ridiculous amount of money which they know very well they can't prove you owe or worse you don't show up they get a default of judgment and you pay whatever they say.

They don't want to be there either... and they definitely don't want you there!! Just being present can impress a judge!! So many people just don't show up!!!

Similar thing happened to me but in a different state. This is pretty much what happened.....

http://www.creditinfocenter.com/forums/showthread.php?t=298798

In the end I got it dismissed !!!!

Your case it sounds like the same thing my case was (I owed, but not what they were claiming).

If it were me, I wouldn't admit to owing what they say you owe (they can't prove it, anyways!!!) I would see what your state says about "right to cure" that could be something (maybe someone else can help you here).

Make them show you an explanation for every dime they're claiming!!!

[Swissy]

I'm scared too

[HoppinMad]

Swissy,

Read the recent case in PA Superior Court. Commonwealth Financial Systems, Inc. v. Larry Smith, J.A26038/10 2011 PA Super 30. I can't post the link, but just Google the case title and you'll find the pdf file of the whole case.

"The Pennsylvania Superior Court upheld on February 14, 2011 the Trial Court's ruling regarding the trustworthiness of transferred computerized business records. Trial Court Opinion, 1/26/10, at 10. The trial court’s decision was “based, inter alia, upon the inadequate authentication of computerized business records as required by Pennsylvania Rule of Evidence 803(6).” Id. Consequently, the trial court ruled that CFS failed to establish the trustworthiness and reliability of the records sufficiently to permit their admission into evidence. Id. at 1." Mr. Venditti could not say for certain whether [industry] requirements had actually been followed in the preparation and maintenance of those records because, simply put, he was never in a position to know." The chain of evidence presented did not adequately authenticate the computerized business records necessary to establish their trustworthiness and reliability sufficient to permit their admission into evidence."

Did they submitt an Affidavit of Debt with your summons?

[HoppinMad]

The ruling is at www DOT aopc DOT org BACKSLASH OpPosting BACKSLASH Superior

[Swissy]

Swissy,

Read the recent case in PA Superior Court. Commonwealth Financial Systems, Inc. v. Larry Smith, J.A26038/10 2011 PA Super 30. I can't post the link, but just Google the case title and you'll find the pdf file of the whole case.

"The Pennsylvania Superior Court upheld on February 14, 2011 the Trial Court's ruling regarding the trustworthiness of transferred computerized business records. Trial Court Opinion, 1/26/10, at 10. The trial court’s decision was “based, inter alia, upon the inadequate authentication of computerized business records as required by Pennsylvania Rule of Evidence 803(6).” Id. Consequently, the trial court ruled that CFS failed to establish the trustworthiness and reliability of the records sufficiently to permit their admission into evidence. Id. at 1." Mr. Venditti could not say for certain whether [industry] requirements had actually been followed in the preparation and maintenance of those records because, simply put, he was never in a position to know." The chain of evidence presented did not adequately authenticate the computerized business records necessary to establish their trustworthiness and reliability sufficient to permit their admission into evidence."

Did they submitt an Affidavit of Debt with your summons?

You said Swissy, but was that for the OP?

[GDayMateAZ]

The ruling is at www DOT aopc DOT org BACKSLASH OpPosting BACKSLASH Superior

http://www.aopc.org/OpPosting/Superior/out/a26038_10.pdf

[HoppinMad]

Sorry Swissy, yes was for OP. Looks like you're getting some great help for you case too!

[HoppinMad]

Thanks GDayMateAZ! Don't have enought posts yet to post the url.

[Swissy]

Sorry Swissy, yes was for OP. Looks like you're getting some great help for you case too!

lol np, feel free to chime in I need anything/everything I can get. Sorry OP n GL

[fightemdontfold]

From what I have read, Portfolio Recovery rarely can win a case unless they get a default. One who does the research necessary to counter the fools, doing some basic things (filing an anwser, doing discovery correctly) fear is the last thing that should be on your mind. These people are not difficult to counter effectively with a little research and time dedicated to squashing their efforts.