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Being sued in Idaho - account owned by Portfolio Recovery


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Hello everyone. I'm brand new here, but I was hoping someone could offer some guidance. I was served yesterday, on an account currently owned by Portfolio Recovery Associates, and I'm not entirely sure how to move forward. I do know that I need to respond, but I don't know how. Is this the sort of thing that can be handled without a lawyer?

 

Any advice will be very appreciated. Answers to recommended questions below.

 

 

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.)

Johnson Mark LLC


3. How much are you being sued for?
A little less than $4000

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

Complaint says Capital One

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

Served

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

In person

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

I think so

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

I'm not sure. I haven't been opening all of my mail. 

9. What state and county do you live in?

Ada County, ID

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

Not sure - Credit report has an account last paid in early 2011 with HSBC, that could be the account in question since Capital One bought their accounts.

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

12. What is the status of your case? Suit served? Motions filed? 

Pending


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

No, I'm not 100% sure what they are referring to


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.

Nope. 

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? 

20 days from yesterday - April 15th if I'm counting the days right

 

Claims:

1. I live in the county (true)

2. I entered into a contract with Capital One opening an account (they have part of a number) which was subsequently assigned to the plantiff (I'm not sure about that, unless it is the HSBC account that then went to Cap One, then to the plaintiff)

3. I have defaulted on the contractual obligation (Again, not sure I had one.)

4. The amount due and owing is (some amount less than $4000). Plaintiff is entitled to recover interest etc.

5. Written demand for payment of said sums was made upon me more than 10 days ago. (not sure, because I haven't been opening my mail)

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
There was nothing attached. Just the complaint and the summons.

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Start reading your court's rules of civil procedure for answering a complaint.  If you truly don't recognize the account, and considering they didn't offer any documentation, then you could either deny #'s 2 and 3, or state that you have "insufficient information to admit or deny and, therefore, deny."   See if your rules word that a certain way.

 

I'd simply deny 4 and 5.

 

Once you've answered the complaint according to your court rules, then start reading up on discovery.  You could also check out a NACA attorney.

 

http://www.naca.net

 

You could also study the following 2 threads.  In the 2nd thread, replace the name "Midland" with "Portfolio Recovery".

 

http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/

http://www.creditinfocenter.com/community/topic/313112-the-all-inclusive-ive-been-sued-or-contacted-by-midland-whats-next-andor-help-me/

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BV80: Thank you for your reply! I'll dig deeper into those threads to see what applies to me.

 

Meanjean, I will look through the mail and see if anything there is helpful. I do know for sure that I haven't had an active credit account of any kind since 2011.

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