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sued by Portfolio Recovery Associates in California, help please


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I’m being sued by Portfolio Recovery Associates in California.

Thank you to all the people on this forum. Everything has been really helpful so far. I plan to post copies of my summons, answer, etc. next for review in case it makes it easier for some.

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.)

HUNT & HENRIQUES, Attorneys at Law

3. How much are you being sued for?

$4,000+

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

HSBC BANK NEVADA, N.A.

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

Yes, served.

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

Served in person at home.

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

Yes.

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

None.

9. What state and county do you live in?

California, Los Angeles County

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

Cannot determine this, there is not an account number listed.

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

4 years being in California

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).

Here is a copy and paste from online inquiry from lasuperiorcourt. org,

-----------------

Case Number: **

PORTFOLIO RECOVERY ASSOCIATES LLC VS **

Filing Date: 05/14/2012

Case Type: COLLECTION CASE (Limited Jurisdiction)

Filing Court: Stanley Mosk Courthouse

Status: Pending

-----------------

Future Hearings

11/15/2012 at xx AM in department 77 at 110 North Grand Ave., Los Angeles,

CA 90012

ORDER TO SHOW CAUSE

-----------------

History Information

Parties

Plaintiff: PORTFOLIO RECOVERY ASSOCIATES LLC

Attorney: HUNT & HENRIQUES

Defendant: **

Attorney: None

-----------------

Party Information

Histories ( Dates listed in descending order)

05/22/2012 PROOF OF SERVICE TO COMPLAINT FILED

05/15/2012 OSC SET 11/15/12, ** AM, DEPT. 77, NOTICE FILED & MAILED

05/14/2012 COMPLAINT FILED - COLLECTION CASE

05/14/2012 SUMMONS FILED

-----------------

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?

30 days from 5/19/12 (date served). States indebted to Plaintiff’s predecessor. There was no questionnaire attached. Please see my scan of my all documents I was served with in the next post.

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

I do not see an evidence page, affidavit, statement, or contract. Here is all listed in order.

Page 1. Summons

Pages 2-3. Complaint

Page 4. Cause of Action

Page 5. Statement of Location/Venue

Page 6-7. Civil Case Cover sheet

Page 8-11. Civil Case Cover Sheet Addendum and Statement of Location

Page 12. Notice of Case Procedures & Requirements

After reading through this great forum, this is my plan of action:

1. I’m assuming I will be answering with a general denial with form PLD-C-010. From what I read here I will not be listing any Affirmative Defenses. I do not see any verification in the summons.

2. Before I file the Answer with the Clerk, I will serve a copy of this answer to the Plaintiff’s attorney by mail by having a friend help me (serve) with form POS-030.

3. One copy of the Answer and POS for both filing and for the attorney.

4. File a Bill of Particulars. I will attach an example copy in a follow up post.

Some other questions please:

1. I noticed in checking my status online that a PROOF OF SERVICE TO COMPLAINT has been filed after being served. How do I see this document? Maybe they mail it to me?

2. The BOP is served only with the Plaintiff’s attorney? Or filed with the Clerk with the Answer at the same time?

3. Any other forms and advice would be greatly appreciated. I’m confused if this is “account stated” type of complaint. If so, do I have to pursue a different course of action than above?

4. Chapter 13 could be an option for me. It is too late since I’m been sued? I rather not, if I can fight this suit off myself.

Apologies for any ignorance and thanks again for any feedback.

Edited by diamondmax80gb
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4. Chapter 13 could be an option for me. It is too late since I’m been sued? I rather not, if I can fight this suit off myself.

I can't answer most of your questions because they are pretty state specific. However, I can answer this question with 100% certainty. You can most defiantly file BK after you are sued.

In fact, you can file BK while your house is on the auction block and the auctioneer is on "going twice" and .5 seconds from "sold" and file BK and it puts a screeching stop to the sale right then and there.

Except for piece of mind (which is obviously very important) I would not file BK unless you have fought them, lost and there were getting ready to start taking things or garnishing your wages.

If you are going to file BK, take a run at them in court. It can't hurt a thing. Except for fraud or other rules that are in essence fraud or concealing assets, anything you could have discharged in BK before a lawsuit, you can discharge after it's been reduced to a judgment or in the enforcement of the judgement stage.

Apologies for any ignorance and thanks again for any feedback.

Sounds like you got a decent plan started, even if you did not, no need to apologize, very few here are attys and have just learned a ton of this by trial and error.

Edited by Coltfan1972
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Thank you Coltfan1972, Scientific..

Only one page for a Cause of action: (attached scan as well)

ATTACHMENT TO [X] Complaint[ ] Cross-Complaint

(Use a separate cause of action form for each cause of action.)

CC-1 . Plainliff (name):

PORTEOLIO RECOVERY ASSOCIATES, LLC

alleges that defendant (name):

diamondmax80gb

became indebted to [ ]plaintiff [X ]other (name): pLAintiff's PREDECESSOR, HSBC BANK NEVADA,

N,A., who sold the account to Plaintiff.

a. [ X ] within the last four years

(1) [ X ] on an open book account for money due.

(2) [ X ] because an account was stated in writing by and between plaintiff and defendant in which it

was agreed that defendant was indebted to plaintiff.

b. [X ] within the last [ ] two years [X] four years

(3) [X] for goods,wares, and merchandise sold and delivered to defendant and for which defendant

promised to pay plaintiff

[X ] the sum of $ $4,0xx.xx

(4) [X] for money lent by plaintiff to defendant at defendant's request.

CC-2.$ $4,0xx.xx , which is the reasonable value,is due and unpaid despite plaintiff's demand,

plus prejudgment interest [ ] accordingto proof [X ] at the rate of 0.000 percent per year

from (date)'. September 30, 2010

post-91782-135461044644_thumb.jpg

Edited by diamondmax80gb
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After reading through this great forum, this is my plan of action:

1. I’m assuming I will be answering with a general denial with form PLD-C-010. From what I read here I will not be listing any Affirmative Defenses. I do not see any verification in the summons.

Yes, this is correct. Finalizing a full strategy takes time. You have sometime as you were just served, so take that time to learn and consider all your options. You may find you want to use a couple Affirmative Defenses

2. Before I file the Answer with the Clerk, I will serve a copy of this answer to the Plaintiff’s attorney by mail by having a friend help me (serve) with form POS-030.

Not, exactly correct. Personally, once I have my answer finalized. I take the original and 2 copies to the Clerk. I get them all date and time stamped. Court keeps the wet signature, I send one copy to Plaintiffs attorney, via the POS -030 form. (Have the POS completed and copies also, for the clerk) And of coarse one copy for your file at home.

3. One copy of the Answer and POS for both filing and for the attorney.

Yes see above...

4. File a Bill of Particulars. I will attach an example copy in a follow up post.

Send a BOP, this doesn't need to be filed with the court, unless they don't answer and you need to Motion to Compel them to answer. Keeping you CMRR green cards is imparative, as proof they recieved.

Some other questions please:

1. I noticed in checking my status online that a PROOF OF SERVICE TO COMPLAINT has been filed after being served. How do I see this document? Maybe they mail it to me?

If you were personally served then you really don't need to see it,I doubt they will mail it, you could request it from them or get a copy when you file your answer.

2. The BOP is served only with the Plaintiff’s attorney? Or filed with the Clerk with the Answer at the same time?

Simply mailed to Plaintiff's attorney CMRR, per response above

3. Any other forms and advice would be greatly appreciated. I’m confused if this is “account stated” type of complaint. If so, do I have to pursue a different course of action than above?

Account Stated is a pleading that allows them to show a minimal amount of evidence and still win their case. If they were to plead straight "Breach of Contract" then they would have to come up with additional evidence that they don't have. Going Common Cause, account stated makes it a bit easier for them.

Remember though, they aren't planning you answering the complaint and fighting your a$$ off by spending hours trying to learn enough about collection law to make them give up and go away.

4. Chapter 13 could be an option for me. It is too late since I’m been sued? I rather not, if I can fight this suit off myself.

This is always a good option to have, but it is also a Nuculear Option, meaning you don't want to use it unless you absolutely have to....

Finally, here is another strategy for you to consider and do some checking on. You stated this was an HSBC account originally, depending on the date of default, you might be able to use the "Arbitration Clause" that was in your cardmember agreement. Portfolio current plaintiff will need to establish standing to sue based the cardagreement of HSBC, whom they bought the debt from.

A number of HSBC agreements have a Binding Arbitration clause which requires litigation in court to stop. It is adminstered by a private company. HSBC use a company called JAMS in many of the agreements.

Here is why this is something to consider. California has some unique protections with arbitration regarding consumers. Most important is that a consumer in California, the arbitration provision may not require the consumer to pay the fees and costs incurred by the opposing party if the consumer does not prevail.

In a nut shell, if can cost the otherside as much as $20K dollars if an arbitration goes all the way to a hearing. Do you think Portfolio or H&H are going to pay $10K to $20K to win the $4k you owe. Remember they can't get those costs back in California.

Point is you may want to investigate this option also, you will still need to file an answer with the court no matter what you do.......

Best of Luck

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Odd question, but on the first page of the form PLD-C-010, on item 1:

"This pleading, including attachments and exhibits, consists of the following number of pages: ____"

I would have listed 2 for the Answer form itself, but if I include the POS-030, that would make it 3?

I know this is probably obvious, but just want to make sure. :?

thanks again.

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The proof of service is a seperate document legally. It is not an attachment to the document that was sent.

so in this case the number of pages is 2.

make sure you get into discovery. Think low number of targeted discovery. 3-5 questions and think seperate days between them. Like columbo(not robert blake)

for instance:

RFPOD

1. Produce documents relative to the purchase of the alleged account at issue to include electronic mail, Electronic word processing correspondence, electronic database files. Metadata associated with alleged account and any written correspondence between plaintiff and the alleged assignors to the alleged account. electronic data files are to be produced in a windows readable format or a program for file translation on CD-R media.

2. Produce documents related to employee training in the processing of alleged accounts including the entering of data from the alleged assignor, processing through the storage system, updating or changing the electronic data, adding data to the computer system, changing TIFF information using computer image processing programs, and destruction of documents procedures in use for the past 5 years.

3. Produce any documents from the Attorney General of any state in the United States and it's territories concerning legal action instituted for violations of unfair competition statutes, illegal collection activities, Injunctions.

4. Produce any documents of cases unsuccessfully litigated, to include any judgments, voluntary dismissals, trial court procedural dismissals, and any show cause actions. Documents are to be produced in adobe acrobat format and on CD-R media

5. Produce all documents relative to the computer system used to process the alleged account at issue to include manufacturers manuals, software manuals, any updates to software installed, any documents of repairs, and/or alterations to the software, and all logs of computer access by all users with ability to change any data in the alleged accounts stored within. production can be in electronic format if kept that way in and converted to adoe acrobat format on CD-R.

That should do nicely to start the show. we can touch those up but it is hard to say oppresive if there are only 5 requests. Specific target requests are best. And sets them up for later fun.

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thanks skippy1960, 1stStep....

Here is my BOP for review, credit to another poster. I made some adjustments. Please let me know if any other changes should be made. Or would you mind PM'ing me or posting an example. thanks

Caption all caps for the court info and start that at line 8, in times new roman fount for the whole document, and for the Notice to the Plaintiff and their attorney of record Part Caps and Bold. Proof of service use POS-050 form it is easier.

all the rest of that looks good.

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Just an update, filed my answer with the court. Sent it via CMRRR along with the BOP to their attorneys.

Well done...! Welcome to creditinfocenter.com, diamondmax...!

Also weighing in to agree with others that have stated that PRA is beatable. Hunt and Henriques are a joke of a law firm. They are procedurally sloppy, file thousands of these types of lawsuits up and down the coast daily and simply can't keep up with the volume. They frequently send out rentalawyers (in their stead) for hearings and even for the trial....rentalawyers that are not up to speed regarding the details of your case. They SUCK!

Get yourself some sort of calendar that you will see regularly, and can check often. Write down all the paperwork deadlines (like when their BOP is due back to you). You want to hold them to deadlines, and keep up w/any deadlines you have for filing paperwork with the court. You don't want to miss any deadlines!

They sued my spouse just over a year ago. Our case was dismissed at the end of January of this year (we won)! So it can be done...!

:mrgreen:

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Thanks tigger for the feedback and welcome - this place is the best. I'm glad you and your spouse were able to get through your incident with them.

I'll definitely get a calendar started.

So the 10 calendar days for the BOP begins on the day they receive it, correct?

If no reply for the BOP, then I file a motion to compel?

thanks

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Hi diamondmax80gb,

First of all, greeting to everyone in this wonderful site. I learn a lot from the pro here.

Second, I do not want to open new threat since my case is almost exactly yours, except the bank, the amount, and the location in CA. Others are all the same actors: Henry & Henrique Attorney at Law (H&H), Portfolio Recovery Associates (PRA), the plaintiff vs. the defendant, I. Please forgive and let me know if it is not OK.

Third, I have some question that I think you could help me out regarding to the filing process.

I just got sued by H&H also for PRA @ Santa Clara, CA Superior court from the credit debt that I default from Capitol One two and 1/2 year ago (9/2009). The amount on the lawsuit is almost exactly with the amount I owed from CO that CO reported in my credit report file (only differs $0.18.)

The filing date is 5/3, but the USPS stamp mark 5/24/2012. I received on 5/29/2012 and don't know what to do next until I search Google and to this right place (lawyers don't want small claim case or ask too much for giving legal advice; the self-help center from court only provides form; not much how to proceed it.)

I called H&H office to ask for the validation, but they insist on settlement only (around 4750 out of 8500 or 56%.) They will not:

a. Provide any validation (according to the agent there); if I want I have to call PRA or talk to the court or lawyer. I did call PRA, but they refer back to H&H.

b. They insist the settlement they offer through mail that I received (before I received the summons) is final; either take it or leave it.

I decide to challenge them since I am not sure if PRA really own this debt due to all the amount of robot-signing issues that I heard recently from the news. However, I do not know how to proceed it correctly. Could you please provide some guidance?

1. How do I answer the answer PLD-C-010 form, since I don't want to deny the debt that look legitimate to me. I check one of the lawyer site and he wrote online to answer something like this: "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount." Is that should be OK? Should I use the affirmative defenses, Unjust Enrichment (since PRA bought pennies to dollar on the debt and now ask for the full amount.)?

2. I also plan to do what you did, to send the BOP to H&H, my question is if I could ask my friend (who live close to H&H office) to personally deliver the BOP to them? If he could, what form of POS I need to fill in, and do I need to give one to H&H and file one with court beside keep one copy for myself?

3. Where can I check my case?

4. Is it properly served if the summons is sent by USPS?

Thank you and good luck to your case :-),

FreeAtLast2012

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Hi FreeAtLast2012,

I'm still new as you and your questions are difficult for me. However, I only know about the filing an answer to a summons from what I read here on this site. A new thread would be best, since you should answers those questions in the sticky; one of those questions are what is in your summons, what's in the complaint, cause, if there is a validation, etc.

I just don't want to steer you wrong.

With your own thread, you'll have a chance for better answers too. hope this helps.

Edited by diamondmax80gb
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Hi Everyone, I received the BOP today. It includes:

1. Bill of Particulars sheet, dated June 4, 2012 and signed by one of their attorneys. (I would like to post a redacted copy to show wording)

2. One statement copy from HSBC, statement date is 09/22/2010.

3. Proof of service from a person located at H&H.

I would like to know my next course of action, a reply or a link to a post would be great. In the meantime, I'll keep searching this forum.

post-91782-135461045142_thumb.jpg

Edited by diamondmax80gb
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