kenpo1980 Posted May 21, 2013 Report Share Posted May 21, 2013 Hi all, I am just looking for some advice on the best way to handle this. I have not yet been officially served but I received a letter from a law firm that works with debt collectors lettiing me know about the suit. I am an attorney myself and even though I have no experience in this area I am thinking I could probably handle this myself but I am not sure if I should even do anything yet until I officially get served. 1. Who is the named plaintiff in the suit? Portfolio Recover Associates2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates in-house attorney3. How much are you being sued for? - I believe around $2500 but I am not sure4. Who is the original creditor? (if not the Plaintiff) -Sears5. How do you know you are being sued? (You were served, right?) -not served yet. got a letter from a law firm that works with debtors to resolve these issues.6. How were you served? (Mail, In person, Notice on door) -Not Served7. Was the service legal as required by your state? -Not served yetProcess Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? -None9. What state and county do you live in? -California, Ventura County10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -Not quite sure but probably around the beggining of 201111. What is the SOL on the debt? To find out: -4 years, this is still within the SOLStatute of Limitations on Debts12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). -Case Assigned to a department, there is no court date. This is in Small Claims13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) -No14. 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. -No15. 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 service, which has not happened, even via mail. So, again my question is, should I do anything at this point. Even though I do not practice this area of law I have access to virtually every type of legal form imaginable and research material I would need I just need a little guidance to get started. Also, I am not averse to hiring a lawyer to handle this if they can resolve this very inexpensively. Thanks! Link to comment Share on other sites More sharing options...
homeschool mom Posted May 21, 2013 Report Share Posted May 21, 2013 PRA - a JDB. Dealt with them twice in a lawsuit which they dismissed without prejudice. With the amount involved, you may want to offer them what you are willing to pay the lawyer if you were to hire one (note that JDBs buy debts 5-10cents to a dollar if my numbers are correct). Else they have the burden of proof. As such, if I were in your shoes I would 1) Dispute debt with Credit Bureaus 2) Issue a Cease and Desist Letter - see sample from Fred Schwinn's website -- Consumer Law Center, San Jose, California (it worked for me with other debt collectors). Their last resort would be to sue you if they decide to - then issue a General Denial Answer, a BOP, then the CCP96 (see ASTMedic thread on this one -- it is a winner! Also, read up on Sandra Pacheco's case online - San Mateo, CA). All the best to you,homeschool mom Link to comment Share on other sites More sharing options...
kenpo1980 Posted May 21, 2013 Author Report Share Posted May 21, 2013 Thanks for the response, it is much appreciated. A couple of questions for you. What is the benefit of paying them versus just getting challenging the lawsuit? Is there anyway to get the record removed or at least show that the debt has been settled in full on the credit bureaus? If it is true that they pay pennies on the dollar for these debts what's the minimum you think they would take? It seems to me that a number somewhere between $300 to $500 would make them leave me alone forever. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 21, 2013 Report Share Posted May 21, 2013 I would not pay them, unless you just do not have time to deal with it. The fact that you are an attorney gives you a leg up. you already understand procedure, know how to write motions, etc.Not much for you to do until you are served, and you can see what their cause of actions are. I would suspect you would wan to start then by requesting a BOP. Especially true if it is for breach of contract. You could start getting together some rfd's and Rogs ready to go, then just adjust them to fit to what's in the complaint. Lots of examples here, lots of people from Cali. The most recent one is on this first page started by helpme, titled we won against EAF, something like that. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 21, 2013 Report Share Posted May 21, 2013 Oh, and usually won't settle for less than 50 % at this point, the more you make them work, the better the chances are they will settle for way less. They like the default judgements, or wins when they can see consumer has no clue on proper procedure. Link to comment Share on other sites More sharing options...
racecar Posted May 21, 2013 Report Share Posted May 21, 2013 An acceptable answer is just a "general denial" where you simply deny everything. The burden of proving your debt is theirs. You can use the General Denial form so long as the complaint is not "verified". A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. pld050 is the general denial form http://burmanparalegal.wordpress.com/2009/09/18/102/ http://www.creditinfocenter.com/community/topic/301840-california-supreme-court-bill-of-particulars/ http://california-discovery-law.com/ http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ ASTMedic's victory thread Bop looks like this TO PLAINTIFF,CAVALRY SPV I, LLC, AND THEIR ATTORNEY OF RECORD HUNT & HENRIQUES: DEMAND IS HEREBY MADE UPON YOU PURSUANT TO Code of Civil Procedure § 454 to furnish this Defendant, me, within ten days hereafter, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods and services sold and delivered of plantiff's complaint is based including the date of each item or transaction, a description of services, materials or goods supplied or other considerations rendered, and the price or charge made for each item or transaction, all payments or credits that have been made to the account and any agreement assigning the account at issue to the Plaintiff. BOP is NOT sent to the court. BOP is sent with a PROOF OF SERVICE directly to the LAWYERS OFFICE . http://www.courts.ca...ents/pos030.pdf Link to comment Share on other sites More sharing options...
racecar Posted May 21, 2013 Report Share Posted May 21, 2013 What are they alleging Common counts, Breach of contract, Money lent? Link to comment Share on other sites More sharing options...
ComputerChick Posted May 22, 2013 Report Share Posted May 22, 2013 I just found out that I am about to get served by CAVALRY SPV I LLC in the state of Missouri and I don't know why. I have not received the summons yet but I do a search on myself on Missouri Case net and found that I am I am a single mother under financial burden right now What should I do? Link to comment Share on other sites More sharing options...
kenpo1980 Posted May 22, 2013 Author Report Share Posted May 22, 2013 Thanks for the responses everyone and it seems the best course of action right now is to just wait until I am actually served by them. My guess is that if they are unable to get personal service they will eventually try to do it by mail. It's interesting that you say they would not settle for less than 50% if the paid probably a fraction of what the debt actually cost. If it came right down to it I could see taking care of it for a little less than $1000 but at this point I have no official notice of the lawsuit. Also, what kind of conditions would one normally require to settle? My concern here would be the rest of this debt being picked up by someone else down the road and I would just want to make sure that is completely done. Link to comment Share on other sites More sharing options...
RyanEX Posted May 22, 2013 Report Share Posted May 22, 2013 You may be able to jump online and see if a suit has been filed against you > check your county's court website. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 22, 2013 Report Share Posted May 22, 2013 They will settle for less than 50%, but usually not in the frist stages. They will think you know nothing, and they can get a default, so they wont take less than that. (usually) after an answer is filed, and you start discovery, they will come down. they will come down even more as time passes. People have settled for as little as 10% the day before trial.Its up to you on how much you will settle for, make them an offer, they may bite. I would also ask for a stipulation letter that they delete trade lines, consider this debt 100% settled so they can't sell off the balance. Get it in writing. They tend to settle better for one lump sum payment than any payment arragements. 1 Link to comment Share on other sites More sharing options...
admin Posted May 22, 2013 Report Share Posted May 22, 2013 You can probably take them on and win though, they are no better than Midland. You'll have tons of advice from lots of California posters. Link to comment Share on other sites More sharing options...
RyanEX Posted May 22, 2013 Report Share Posted May 22, 2013 They will settle for less than 50%, but usually not in the frist stages. They will think you know nothing, and they can get a default, so they wont take less than that. (usually) after an answer is filed, and you start discovery, they will come down. they will come down even more as time passes. People have settled for as little as 10% the day before trial.Its up to you on how much you will settle for, make them an offer, they may bite. I would also ask for a stipulation letter that they delete trade lines, consider this debt 100% settled so they can't sell off the balance. Get it in writing. They tend to settle better for one lump sum payment than any payment arragements.Agree with this. If you do consider settling, for sure try to get deletion covering the 3 credit bureaus, and definitely get that commitment in writing before you pay them a dime. Of course, some victories in court can put you in position to demand deletion anyway, worth keeping in mind as you weigh your options. 2 Link to comment Share on other sites More sharing options...
numbersguy Posted May 23, 2013 Report Share Posted May 23, 2013 Also, what kind of conditions would one normally require to settle? My concern here would be the rest of this debt being picked up by someone else down the road and I would just want to make sure that is completely done. Part of teh settlement would be not to sell or assign the debt to any other party (related party or third party). Try for no 1099 if the debt "forgiven" is $600 or more. Althogh if they do 1099 you, it shouldn't be for the full amount they are suing for. It should just be for the principal with no interest or fees added in (per IRS Regs). Link to comment Share on other sites More sharing options...
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