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Portfolio Recovery Associates was not licensed in my state when they sued me!!!


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So, I've been battling this case with PRA for an alleged Capital One account since April 2011. After the pre-trial conference the judge wanted me to set a trial date and I thought I'd better get an Attorney--rather than represent myself. So, I did. But the Attorney just graduated from law school in 2007-08 and I think he's scared to go to trial. First he's afraid of the Billing statements that PRA provided(supposedly from Cap.One). Which he says proves I had a Capital One account. By the way, they haven't proved an assignment--- just a phony Bill of Sale and affidavit. I have several counts against them for FDCPA violations however my Attorney is just focusing on the fact that if I loose at trial I'll be responsible for about $5,000-$20,000 in Attorneys fees. OUCH!!! I don't even have a few thousand dollars--that's why I'm trying to challenge PRA.

Well, then I come to find out that PRA didn't even have a license to collect in the state of Utah(as a third party debt collector). They only just registered with the state after my pre-trial conference. So as of Aug. 30,2011 they are licensed but not back in April when they brought suit against me. So, given the circumstances of my immature attorney and the possibility of being responsible for thousands in lawyers fees(if I loose)-- does it seem reasonable to ask that the case be dismissed on the basis that PRA wasn't licensed in April and just drop the case?? Any input would be helpful!!!! No wonder no one wants to fight these in trial--there's too much at stake if you loose.

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Any attorney that tries to get you to settle with a JDB over hearsay evidence should be disbarred.

With that said, you have a cause of action against them under the FDCPA since they were not licensed. You could use it as leverage to get them to dismiss.

The violation would be within the statute of limitations for an FDCPA suit. I tried the old their not licensed in my state routine. The judge agreed and said it was up to the board of collection agencies to do something and it is a different matter and does not effect the case, in court, against me.

I said okay, and just beat the dog out of the JDB in court and THEN got my FDCPA check, so it worked out. You probably don't have a private right of action for them not being licensed by whatever agency does the licensing. However, you dang sure do under the FDCPA.

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I would file for dismissal under those circumstances

That's what I was thinking. It is an awful lot of liability to carry on a $1600 (alleged) debt. So sad that litigation is sooo expensive. But it'll probably mean that now that they are registered PRA can come after me again--Right???? What's your experience??

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Any attorney that tries to get you to settle with a JDB over hearsay evidence should be disbarred.

With that said, you have a cause of action against them under the FDCPA since they were not licensed. You could use it as leverage to get them to dismiss.

The violation would be within the statute of limitations for an FDCPA suit. I tried the old their not licensed in my state routine. The judge agreed and said it was up to the board of collection agencies to do something and it is a different matter and does not effect the case, in court, against me.

I said okay, and just beat the dog out of the JDB in court and THEN got my FDCPA check, so it worked out. You probably don't have a private right of action for them not being licensed by whatever agency does the licensing. However, you dang sure do under the FDCPA.

I just think that my attorney is so wimpy. Every time I say we have FDCPA violations against them he says "That's true BUT if they can prove you had a Capital One account with these statements it ruins our case". I told him I'd go to my bank and "pull" statements from 2008 when they alleged that I made a payment and he said "If you do that then we need to amend our Discovery answers and submit any bank statements as Documents to the Plaintiff"!!!! WOW!! who's side is he on. How would PRA know if I pulled my own bank statements--I think "BIG BROTHER" is watching!!!! Hopefully the Motion to Dismiss, based on the licensing ,can be done outside of trial because I do not want to incur more attorney fees????

Edited by utahcredit
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Exactly----The whole purpose of hiring an Attorney was to lessen my stress level and give him the responsibilty of defending me. I was better off alone--fearful but alone.

I got his name on the NACA website--which only lists 4 such attorneys in my whole state. So I didn't have alot to choose from. LOL

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There was a class action law suit against Midland in MA for Midland not being licensed before collection efforts started. I posted the case on here somewhere, but I believe all consumers had their debts vacated and Midland had to pay each consumer whom they tried to sue.

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