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Being sued by Guglielmo & Associates and Portfolio Recovery Associates - need advice


Gaius
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1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Guglielmo & Associates

3. How much are you being sued for?

$1,200-$1,800

4. Who is the original creditor? (if not the Plaintiff)

HSBC

5. How do you know you are being sued? (You were served, right?)

Served with summons

6. How were you served? (Mail, In person, Notice on door)

In Person

7. Was the service legal as required by your state?

I don't know. I did not sign anything. I was simply handed the paperwork.

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

I called offering to settle. They refused my offer. I asked for Verification of Debt. They refused saying they do not have to provide it since it is past the initial 30 day notice.

9. What state and county do you live in?

AZ, Maricopa

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

2-3 years ago

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

Three years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Summoned

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

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

9 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Affidavit outlining that I opened an account with HSBC promising to make payments and failed to make monthly payments due.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

OK

=============

I have not gone down to respond to the summons as of yet but was planning to tomorrow or Friday to dispute it. I would please ask for any general advice on how to proceed. It would be much appreciated and I thank you for any insight.

The original amount owed on this account was $700ish IIRC. I lost my job. Stopped making payments because I could not afford them on unemployment with rent/bills. I did intend to go back and pay off my debt, but they apparently sold it to Portfolio Recovery Associates.

Fast forward to me receiving a letter from Guglielmo which I stupidly ignored saying they were threatening to sue. I then recently received a summons which I am posting below. I did not request a verification for debt and they of course refuse to provide one now but state they do have the necessary proof and will show it in court and that I have until close to the end of the month to settle with them. They are seeking over $1300 and want to garnish my wages.

Edit: will repost the affidavits after I OCR scan them.

Edited by Gaius
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I'd check your credit report first. If HSBC is reporting, see if the entry gives a date of last payment. That way you'll know if you have an SOL defense or not. Then read your court's Rules of Civil Procedure. They have the information on answering the Complaint.

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This sounds like an FDCPA violation, others will advise. They have apparently threatened to garnish your wages without a judgment, something they cannot legally do. This is a cheap tactic and misrepresentation. The FDCPA violation is a grand. That wipes out your debt. Tell them to dismiss with prejudice or you'll countersue.

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  • 4 weeks later...

I will tell you that I was told to ignore these people and they can't do anything to me. Fast forward a few months later and now my wages are being garnished. They are making over $1500 more then the original debt I owed to the credit card company.

I was clueless at the time and when I reached out to a PrePaid Lawfirm attorney he told me they can't do anything to me as I was unemployed at the time and just to ignore it. He told me not to even bother to go to court and fight it. So...I took his advice.

What a mistake! Do not ignore these people. I had no idea I was receiving a garnishment until my HR dept sent me the email. I've been bringing home less then when I was unemployed. I've had to borrow money just to keep gas in my car and my electricity on. I tried to plea with them to lower the amount but they refused.

Now, I only have 2 more checks left and I'm done with them. It's been a super long road. I did a google search on their name and you won't believe the stuff that comes up. They are not a joke.

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  • 2 weeks later...
I will tell you that I was told to ignore these people and they can't do anything to me. Fast forward a few months later and now my wages are being garnished. They are making over $1500 more then the original debt I owed to the credit card company.

I was clueless at the time and when I reached out to a PrePaid Lawfirm attorney he told me they can't do anything to me as I was unemployed at the time and just to ignore it. He told me not to even bother to go to court and fight it. So...I took his advice.

What a mistake! Do not ignore these people. I had no idea I was receiving a garnishment until my HR dept sent me the email. I've been bringing home less then when I was unemployed. I've had to borrow money just to keep gas in my car and my electricity on. I tried to plea with them to lower the amount but they refused.

Now, I only have 2 more checks left and I'm done with them. It's been a super long road. I did a google search on their name and you won't believe the stuff that comes up. They are not a joke.

Can you say "shill post" ??

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I can scarab..lol

Yeah enchanted well sorry to tell you (clear my throat "shill") that after you finish up with those two payments (clear my throat "shill -shill) that according to many folks accounts of having done the same thing and agreed to pay the JDB's, your account will soon be sent to some other scum sucker and the process will begin anew and the alleged amount owed will probably be right back at where it originally was.

And this was one instance (clear my throat "fake story") where the JDB didn't go right ahead and sue in court after getting that first payment and therfore admission to the debt alleged. Many accounts of that happening online.

Enchanted, in the words of the Swamp Thing - "do not bring your evil here".

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Back when I started on the road to fighting, before I found this forum, I Googled G&A, and found a very similar post to #4 above by Enchanted that was posted to a forum where people identify phone numbers that showed up on their caller ID. 1-800-notes or something like that.

The post was pretty close to identical to Enchanted's post. Someone yelled "SHILL" on that forum too.

LOL

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I don't know anything about "Enchanted", but he/she wasn't necessarily a shill. If you notice, the poster said he ignored something (obviously a Complaint), and now his wages are being garnished.

When the poster stated "do not ignore these people", he could have meant don't ignore the Complaint. If you ignore the Complaint, a default judgment could be entered against you.

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here's that other shill post i was talking about.

http://800notes.com/Phone.aspx/1-520-616-2211

Answer this call and get an attorney to represent you immediately. This company served me with papers over a credit card, I researched my options and got an attorney to represent me a month after I got the papers. I paid the attorney to do basically nothing, and now have a wage garnishment for $13,000 that had a balance of $4300 on it. These people do not play.
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  • 2 weeks later...
I don't know anything about "Enchanted", but he/she wasn't necessarily a shill. If you notice, the poster said he ignored something (obviously a Complaint), and now his wages are being garnished.

When the poster stated "do not ignore these people", he could have meant don't ignore the Complaint. If you ignore the Complaint, a default judgment could be entered against you.

I don't understand what a "shill post" is? :-(

I meant don't ignore the complaint. That's what I did and it was a huge mistake. I just found this forum not long ago, wish I had found it sooner.

I was served a summons (my boyfriend accepted it, not me) and told by an atty to ignore it they can't do anything to me.

Also, I'm concerned about someone saying they'll sell my old account and then I'll have to pay all over again?

I did post my story on another site when I first got the garnishment and the company basically told me nothing they could do. So if you googled it, that's probably what you found.

Edited by EnchantedLight
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I don't understand what a "shill post" is? :-(

I meant don't ignore the complaint. That's what I did and it was a huge mistake. I just found this forum not long ago, wish I had found it sooner.

I was served a summons (my boyfriend accepted it, not me) and told by an atty to ignore it they can't do anything to me.

Also, I'm concerned about someone saying they'll sell my old account and then I'll have to pay all over again?

I did post my story on another site when I first got the garnishment and the company basically told me nothing they could do. So if you googled it, that's probably what you found.

A "shill" is someone who is acting for the benefit of another or pretending to be someone who they are not in order to benefit another.

An example is a poster pretending to be a debtor who settled with the kindly CA or JDB. In reality, the poster might work for a collection agency.

I was served a summons (my boyfriend accepted it, not me) and told by an atty to ignore it they can't do anything to me.

Served by whom? For what? Upon what did the attorney base his advice?

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A "shill" is someone who is acting for the benefit of another or pretending to be someone who they are not in order to benefit another.

An example is a poster pretending to be a debtor who settled with the kindly CA or JDB. In reality, the poster might work for a collection agency.

Served by whom? For what? Upon what did the attorney base his advice?

Wow, bunch of untrusting folks here. I really was served a summons by Guglielmo and Assoc for an old credit card. I told an atty what it was and he told me to ignore it. The atty was from PPL (prepaid legal)...it's some other name now.

I really had my wages garnished for 6 months to pay it back. It put me in dire straights. I'm not working for them or any other collection agency.

I was only saying NOT to ignore anything from those folks as they are aggressive and will get their money.

I was just offering up some advice as I got royally screwed by Gug & assoc. I don't understand how my original post was viewed as a "shill post" but whatever.

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Wow, bunch of untrusting folks here. I really was served a summons by Guglielmo and Assoc for an old credit card. I told an atty what it was and he told me to ignore it. The atty was from PPL (prepaid legal)...it's some other name now.

I really had my wages garnished for 6 months to pay it back. It put me in dire straights. I'm not working for them or any other collection agency.

I was only saying NOT to ignore anything from those folks as they are aggressive and will get their money.

I was just offering up some advice as I got royally screwed by Gug & assoc. I don't understand how my original post was viewed as a "shill post" but whatever.

If you notice in post #9, I stated that it appeared you meant that one should not ignore a Complaint.

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Wow, bunch of untrusting folks here. I really was served a summons by Guglielmo and Assoc for an old credit card. I told an atty what it was and he told me to ignore it. The atty was from PPL (prepaid legal)...it's some other name now.

I really had my wages garnished for 6 months to pay it back. It put me in dire straights. I'm not working for them or any other collection agency.

I was only saying NOT to ignore anything from those folks as they are aggressive and will get their money.

I was just offering up some advice as I got royally screwed by Gug & assoc. I don't understand how my original post was viewed as a "shill post" but whatever.

If you are legit (not working for G&A) then I apologize. You will have to forgive some of us who are pretty skeptical about things said on online forums. I have used forums since the early 2000's, and there is a lot of garbage out there.

We do know for certain that CA's like G&A do look at these forums.

Back when I posted that you were a shill, the ONLY post you made (coupled with your very recent registration and in AZ where G&A is based) was about how G&A steamrollered you, so it implied that you were warning everyone that they should not even try to fight G&A and that we just roll over and pay up and that sounds pretty suspicious.

Also, when you said "They are not a joke" that instantly triggered my memory of the post I saw on 800notes "these people do no play". I quoted the whole post above. Both posts also mention consulting an attorney, and in both cases, the attorneys gave bad advice.

The posts just looked too similar to be a coincidence.

Edited by scarab
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If you are legit (not working for G&A) then I apologize. You will have to forgive some of us who are pretty skeptical about things said on online forums. I have used forums since the early 2000's, and there is a lot of garbage out there.

We do know for certain that CA's like G&A do look at these forums.

Back when I posted that you were a shill, the ONLY post you made (coupled with your very recent registration and in AZ where G&A is based) was about how G&A steamrollered you, so it implied that you were warning everyone that they should not even try to fight G&A and that we just roll over and pay up and that sounds pretty suspicious.

Also, when you said "They are not a joke" that instantly triggered my memory of the post I saw on 800notes "these people do no play". I quoted the whole post above. Both posts also mention consulting an attorney, and in both cases, the attorneys gave bad advice.

The posts just looked too similar to be a coincidence.

Well it was a coincidence. I am a real person who got screwed by them. I wish I had fought them.

Sounds to me like a lot of bad advice out there from attorneys.

I wasn't saying to roll over and pay up, I was saying not to ignore the summons. I just now found this forum looking for ways to improve my credit and thought it was odd there was a thread on G&A.

I'm still trying to figure out how they found out where I worked. I also wasn't even informed of any garnishment until my HR dept told me about it. I thought I was supposed to be informed prior.

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Sounds to me like a lot of bad advice out there from attorneys.

I wasn't saying to roll over and pay up, I was saying not to ignore the summons. I just now found this forum looking for ways to improve my credit and thought it was odd there was a thread on G&A.

I'm still trying to figure out how they found out where I worked. I also wasn't even informed of any garnishment until my HR dept told me about it. I thought I was supposed to be informed prior.

Yes, there is lots of bad advice out there. Buyer beware.

We have several threads on G&A. They are very popular:-(

As for garnishment, I was under the impression that they had to sue and win to get the right to garnish, but someone more knowledgeable than me can post about this.

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Yes, there is lots of bad advice out there. Buyer beware.

We have several threads on G&A. They are very popular:-(

As for garnishment, I was under the impression that they had to sue and win to get the right to garnish, but someone more knowledgeable than me can post about this.

They did. I got a summons. They won a default judgement because I was advised to ignore it "they can't do anything to me".

It didn't work that way...now my credit is severely damaged.

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