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Being Sued By Portfolio Rec Assoc In IL


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Hi all brand new here, obviously here for some help.

So I'm being sued by PRA for $1xx.xx. Not a huge sum by any means but enough to make my life uncomfortable if they take it from me. I have a court date of 3/26/12. I tried to enlist some legal help but they turned me down saying they saw nothing that they could fight and the amount was too small to make it worth their while..gee thanks for the support...

So I filled out the questionnaire hoping that someone can just give me some direction so I don't get steamrolled by these guys. I know the debt is mine, I actually though we had settled back in 2008 but this one seems to have slipped through the cracks (we had a whole bunch that we were able to settle but this was the only one that didn't get handled for some reason)

1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates LLC

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

Blatt, Hasenmiller, Leibsker & Moore

3. How much are you being sued for?

$1xxx.xx plus fees

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

Capial One Bank (USA)NA

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

Served Summons

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

Process server left at door

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

I assume so at this point

Process Service Requirements by State - Summons Complaint

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

None. I know they had been calling but I ignored their calls. I don’t answer calls from numbers I don’t know anyway. No written correspondence was received from them as far as I’m aware.

9. What state and county do you live in?

Illinois, Will County

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

June 24, 2008

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

Looks Like 5 years

Statute of Limitations on Debts

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).

Court Date scheduled for 3/26/2012

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 Summons was first written contact received and I never answerd their calls when they called.

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?

1. The Defendant : Me is a resident of Will County, IL

2. The defendant opened a charge account with Cap one Bank (USA) NA agreeing to make monthly payments for the purchases charged to account

3. Plaintiff is successor in interest of said account from Cap One Bank (USA) NA having purchased said account in the regular course of business in good faith and for value.

4. The defendant did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing $1142.78(see clients affidavit as Plaintiffs Exhibit no. 1)

5.Plaintiff declared Defendant to be in default and demands payment of balance.

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

Affidavit attached to summons . No statement from Capitol One. No bill of sale or what I would consider proof that they are entitled to the amount. The summons was a total of 3 pages with no documentation at all from Capital One.

Any guidance would be greatly appreciated. I know I will need to do the denial portion that I've seen here and file that with the courts. Will just need some guidance on that and how to actually file it with the court system. The law shire doesn't seem to be real noob friendly, does it?

Edited by finns71
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The first thing that shouts out at me is that PRA should have sent you your maxi-Miranda warning 5 days after they made their first phone call to you. Since you have received no correspondence then they have not. This is one of your first violations of the FDCPA that you can use for counterclaims.

Secondly, you should send a short dv letter to the JDB which will probably cause the JDB to make more violations.

As you already said, you need to send in your Answer to the claims. Along with the Answer, I send affirmative devenses and the counterclaims I spoke of.

For the time being, do a search for 'Answer, affirmative defenses, and counterclaims'. There are already a ton of threads out there dealing with this stuff. You can continue to ask question here but while you are waiting for others to chime in you can do a little of your own research on the topics I just mentioned.

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What's a Maxi Miranda warning? Also I assume it's their word against mine when it comes to the written correspondence. I have no proof that I did not receive any letters from them and they have no proof that I did receive correspondence from them. I would assume that at some point a certified notification would have been sent at some point that I would have had to have signed for which I have not and did not receive.

I'm not looking to file counter suit on this for violations of the FDCPA. I just want them to drop it and let me move along. Last thing I want is for these jerks to get into my $$ by either garnishment or just helping themselves to my bank account.

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The maxi miranda is the notice that states you have 30 days to request validation.

You can use that as a counterclaim, but it's a "he said/she said" situation. You can claim they didn't send the 30 day notice, and they'll claim they did. The same goes for sending a DV at this point. They'll claim it's passed the 30 day period for you to request validation.

Here's my suggestions for your responses:

1. Admitted

2. Defendant is without sufficient information to admit or deny and, therefore, must deny. No evidence has been provided to support this allegation.

3, 4, & 5. Same as #2.

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Well then you will need to ask for proof of assignment/ownership of the debt. Don't settle for a last statement or an affidavit from the JDB's own office that you owe the debt. Neither of these is enough.

maxi-Miranda is where the debt collector must inform you of your rights to ask for the OC's name and verification of the debt. This is a separate issue concerning the FDCPA and the JDB's obligation to collect the debt in a fair way.

But, if you want to get the matter over with quickly, just ask for assignment/ownership of the debt as I stated above.

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Cap 1 uses either their SOL or yours, whichever is longer. It is in the CC agreement. For that kind of money, arbitration may be the best bet, it will cost them more than they can get.

That was my next question. For the amount of money they are looking for is it worth the fight for this? At this point I'd almost rather pay them something and just have them go away. I know that's what they want but I don't have the means for a legal battle over 1200 bucks.

Is arbitration an option and if so how does one go about it? The debt is no longer owned by Cap one since PRA bought it. Can I arbitrate with PRA?

Have another question on procedure though. When I answer the summons Do I just type out a word Doc with the answers to each of the charges then file with the court and send copy to their lawyers?

What happens on the court date of 3/26? When I appear and deny the charges will there be a judgement at that point of will they need to provide the proof of the claims?

Edited by finns71
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That was my next question. For the amount of money they are looking for is it worth the fight for this? At this point I'd almost rather pay them something and just have them go away. I know that's what they want but I don't have the means for a legal battle over 1200 bucks.

Is arbitration an option and if so how does one go about it? The debt is no longer owned by Cap one since PRA bought it. Can I arbitrate with PRA?

Have another question on procedure though. When I answer the summons Do I just type out a word Doc with the answers to each of the charges then file with the court and send copy to their lawyers?

What happens on the court date of 3/26? When I appear and deny the charges will there be a judgement at that point of will they need to provide the proof of the claims?

Then just find what they got wrong, make them think the debt is SOL by Virginia law and just tell them I will fight this, but I can settle for xx money cash today.

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That was my next question. For the amount of money they are looking for is it worth the fight for this? At this point I'd almost rather pay them something and just have them go away. I know that's what they want but I don't have the means for a legal battle over 1200 bucks.

Is arbitration an option and if so how does one go about it? The debt is no longer owned by Cap one since PRA bought it. Can I arbitrate with PRA?

Have another question on procedure though. When I answer the summons Do I just type out a word Doc with the answers to each of the charges then file with the court and send copy to their lawyers?

What happens on the court date of 3/26? When I appear and deny the charges will there be a judgement at that point of will they need to provide the proof of the claims?

When you state that a legal battle is over $1200, I assume you mean that includes hiring an attorney. If you can't afford an attorney and are unable or unwilling to fight this yourself, you might want to settle. Even arbitration requires some paperwork. Then, if the Plaintiff decides to arbitrate, you have a hearing to attend.

It all depends upon the amount of time you're willing to spend.

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I have been sued by Portfolio and I can tell you they probably don't have any proof that will help them to win the case in court. And they know it to.

Through my experiance, as well as observastion of other cases in my county court (I live in KY), I can tell you Portfolio plays the percentages with defaults and will not pursue a case if the defendant files a proper anwser to the complaint.

I just had a suit dismissed that sat for a year after I anwsered it with no action taken by them. The entire time I have gotten calls from them (robo dialers) that I also, like you, never anwser.

I'd say some research on your part on how to file a proper anwser would probably be all you need to do. In my case I went ahead and sent off discovery to them, which they didn't anwser, they didn't even bother to send me discovery.

If you are willing to take the time and effort to research filing and anwser, and pay attention to detail when applying that to your case, you don't even need to hire a lawyer. I took care of the suit by Portfolio by myself as well as another case filed against me. In the other case I had to anwser discovery and sent off discovery to them as well, again Portfolio did nothing in their suit against me after the anwser.

Remember, 90% of the time these JDB's like Portfolio get default judgements when people don't file an anwser to the suit. Alot of the time they won't even bother going after someone who files a proper anwser, its not worth their time and they often don't have the proff they would need.

I am not sure if they are more aggresive in your state than in mine, but I can tell you that in my county in KY, there is never any activity with all of the cases they have on file, except when they come up for show cause hearings. I think the judges sign off on the defaults without a court hearing, so they don't even have to show up in court to get judgements against those who don't anwser.

File a proper anwser and you may have won right there, though it will take time to make it official.

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The fun part is when you learn all this stuff and kick a JBD lawyer's butt in court. It isn't that hard, we can get you up to speed quickly. If you don't want to spend the time, make a deal. They probably paid 50 bucks for your account. Your call. If this will happen again, you may want to learn how to win. Some posters have multiple credit card defaults looming. Offer the JDB 150, otherwise you will "provide a vigorous defense to the instant action." They'll get the point when they see that.

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