Summons from Portfolio Recovery Associates

[abrennan007]

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.) Burns, Burns, Walsh & Walsh, P. A.

3. How much are you being sued for? $3350

4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank

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

6. How were you served? (Mail, In person, Notice on door) They left a letter rubber banded to the mail box at my parents house (which is not where I live)

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

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

9. What state and county do you live in? Sedgwick County Kansas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2010

11. What is the SOL on the debt? 5 Years

12. 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). Suit served

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?

I have court on July 24th. There was no interrogatory. Charges as follows:

1. The defendant is indebted to the plaintiff in the amount of $3350

2. The original creditor on this debt is GE Capital Retail Bank, account #************(xxxx) and said original creditor assigned the unpaid balance of said account, as set forth in paragraph 1 above, to Plaintiff herein.

WHEREFORE, plaintiff demands judgement against defendant for:

principal amount: $3368.95

interest after judgement as allowed by law

and applicable costs as allowed by K.S.A. 61-4002 and K.S.A. 60-2003, plus

costs of executing on the judgment if necessary

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

There was no evidence of affidavit or statements from CC or contracts or any other exhibits or attachments sent with the summons.

Any help in formulating an answer is very much appreciated. Thank You.

[abrennan007]

Can I send the summons back to the court and state wrong address?

[GlitterGal]

You say the service was legal in your first post.  In that case, I wouldn't.  When you send your answer, it will update your mailing information with the court.

[Credator]

I would prefer not to post specific amounts if I were posting for help. I believe the assistance from those with experience will still be valuable whether the information provided is $36, 452.12 or $40,000 or 1/10th of those numbers.

 

The #1 search engine has already indexed the original post on this thread. It can be found by a search of the law firm name and part of this site's domain name.

 

Others don't care or worry if the law firm suing them is looking over their shoulder online. I would probably want to edit the original post and make the amount and estimate. To each their own.

( Further discussion relative to the topic can be found here: http://www.creditinfocenter.com/community/topic/320965-i-am-so-not-happy/ )

 

I am not paranoid but I want every single advantage while in ongoing litigation.

~~~

I would want to look at similar suits at the court house by the same law firm for some insights. If possible, I would try to find a consumer attorney that successfully defended a debt collection case in my county. Finding one I would want to hire them or if that was not possible learn from their court filings.

 

Attorneys are always using pre-answer motions on me when I am the plaintiff. It seems rare to see a pro se use them as a defendant. Attorneys don't want to answer a thing and often don't have to if they prevail on a pre-answer request for relief through a MTD for example. There doesn't seem to be a down side to bringing a pre-answer response.

 

The first thing I would probably do is identify the cause(s) of action, determine the required elements for that cause of action an then formulate an answer or pre-answer response as appropriate. Failure to plead a required element of a cause of action can make filing a pre-answer Motion to Dismiss appropriate. Always know the deadlines and do not fail to respond. A weak answer lacking affirmative defenses timely filed is way better then a brilliant pre-answer motion 5 days past the deadlne. IMHO

 

Some may consider a pre-answer response an advanced technique. It is just part of litigation in general and I suppose it is fair to somewhat consider all litigation advanced techniques, especially the first time.

 

I have received all my litigation benefits outside of doing things cookie-cutter. Everything seems to end up being custom in my experience.

 

Best of luck to the OP. I would enjoy turning PRA into PREY if they were to sue me on an alleged debt spreadsheet entry that they had purchased for 5 cents on the dollar. JAJDB, Just Another Junk Debt Buyer.

[racecar]

http://kansasstatutes.lesterama.org/Chapter_61/

http://kansasstatutes.lesterama.org/Chapter_60/

http://kansasstatutes.lesterama.org/Chapter_50/Article_6/

 

The statue of limitations on an open account is three years. Your last payment was January 2010,Time barred debt.

I have never seen a complaint that small before are you sure that's it.

 

Court's Name just like on the paper work they sent you

bank name

Plaintiff

Vs.

my name

Defendant

K.S.A chapter 61

case #

division

 

 

1. The defendant is indebted to the plaintiff in the amount of $3350

Answer: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 1 of the Complaint, and therefore denies the same.

 

2. The original creditor on this debt is GE Capital Retail Bank, account #************(xxxx) and said original creditor assigned the unpaid balance of said account, as set forth in paragraph 1 above, to Plaintiff herein.

Answer: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 2 of the Complaint, and therefore denies the same.

 

3.WHEREFORE, plaintiff demands judgment against defendant for: principal amount: $3368.95 interest after judgment as allowed by law and applicable costs as allowed by K.S.A. 61-4002 and K.S.A. 60-2003, plus costs of executing on the judgment if necessary.

Answer: Paragraph 3 of the Complaint states the remedy sought by plaintiff for which no answer is required. To the extent that an answer is required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3 of the Complaint, and therefore denies the same.

 

                                    AFFIRMATIVE DEFENSES

                                                 First Defense

Plaintiffs’ claims are barred by the Statute of Limitations.
 

 WHEREFORE, Defendant prays that this Court find judgment for Defendant,
deny Plaintiffs’ request for relief and applicable costs and dismiss this case with prejudice.

 

CERTIFICATE OF SERVICE
On Date goes here, 2013, I caused the foregoing instrument to be served by mailing a copy to all counsel of record in this case as indicated below: Attorneys name and address here
By Certified U.S. Mail, Return Receipt Requested By U.S. Mail.

My name here

my address

phone

email

[racecar]

007 let us know what happens at court.

[abrennan007]

Thanks racecar, I will let you know what happens. I'm a little nervous because I don't remember the last date of payment exactly. I think I am close to the date, but in the case I have missed the date by the sol, would it be up to the the plaintiff to prove I'm within the sol?

[HotWheels96]

I believe it's up to you to prove you're out of it, when you use it as a defense.

 

When does your CRA say the last payment was out of curiosity?

[abrennan007]

I guess I'm not sure how to figure that out without calling GE Bank and asking them, I'm assuming that would be the Credit Reporting Agency?

[racecar]

Your credit report might be a good place to try first.

https://www.annualcreditreport.com/cra/index.jsp its free to use

[HotWheels96]

I always recommend getting your reports in paper form. It has a lot more information, and you can keep looking at it until you're content.

CRA = Credit Reporting Agency

[abrennan007]

Looks like I was way off, last payment was 2/12...

[racecar]

No sol defense there

[racecar]

You should remove this from your answer.

                                      

                                       AFFIRMATIVE DEFENSES

                                                 First Defense

Plaintiffs’ claims are barred by the Statute of Limitations.
 

[abrennan007]

OK, I will remove those three lines, is there anything else I should know or prepare for?

[racecar]

Deny all the allegations made against you.

Right after you file your answer send the plaintiff this.

Make the court header look just like what they sent you.

 

IN THE DISTRICT COURT OF MY COUNTY KANSAS

Banks Name

Plaintiff,

Vs.

my name
Defendant.

Case No:

K.S.A. chapter 61

Division

 

DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO PLAINTIFF BANK NAME



COMES NOW DEFENDANT, my name "Pro Se",and pursuant to K.S.A. §61.3106 and K.S.A.

§60.234, requests Plaintiff, to produce and permit Defendant to inspect and

photocopy, within thirty (30) days after the date of service, at the offices of Plaintiff’s

counsel, the documents described herein.

                                         DEFINITIONS

The following words, when used has the designated meaning:

(A) "Account" means the indebtedness alleged in your Complaint.

( B ) "Original Creditor" is the Person with whom the Account was originally created for Defendant.

　

1. The original signed application establishing the account.

2. Charge slips bearing defendant's signature which establish use of the account.

3. The original written agreement in which defendant allegedly assented to the terms of the account.

4. A complete history of the account from day one, establishing the legitimacy of the balance sought.

5. Any document setting forth the choice of law provision.

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default.

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes of the choice of law provision it seeks to enforce.

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed.

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial.

10. Proof of mailing of monthly statements to defendant.

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time.

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."


13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow or media document(s) governing this transaction.

 

 

respectfully submitted,

 

　

 

 

Certificate of Service
On July 21, 2013, I my name caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below:

Law firm name and address here
By Certified U.S. Mail, Return Receipt Requested

my name

my address

my phone

my email

defendant signed name

[abrennan007]

Racecar that is great, so I will file the answer with the court as well as send a copy of the answer to the plaintiff, and then mail the plaintiff this other letter, and do I need to send a copy of this letter to the court as well?

[racecar]

I would file the discovery with the court right after you file your answer to the complaint.

 

You will put it all in one envelope and mail it to plaintiff's attorney after the court clerk stamps everything.

 

You will need a copy for the court ,a copy for you ,and a copy for the plaintiff, and its good to have one extra copy.

 

Good idea to stock up on paper and ink.

[abrennan007]

Racecar Thanks. I will let you know what the outcome is.

[abrennan007]

The court clerk scheduled my pretrial court date today for August 20th. The plaintiff's attorney still hasn't picked up the certified letter I sent yet.

[racecar]

looks good

[abrennan007]

Hello everyone so on the pretrial the plaintiff had some other local attorney come and represent them at the time of the pretrial. The only piece of information she had was that the account was from GE Retail Capital Bank and the account number, nothing else. She asked for a 60 day continence so that I could have enough time to review the information they hadn't sent me yet. I told her no 30 days was long enough. She then went on to ask me if I was sure because I might be responsible for attorney's fees and other cost. I said 30 days was more than enough time. So the hearing was scheduled for Sept. 24th at 1:30pm.

 

Now I got this in the mail yesterday.

 

 

 

IN THE DISTRICT COURT OF SEDGWICK COUNTY, KANSAS

 

PORTFOLIO RECOVERY ASSOCIATES, LLC                    Plaintiff

 

vs.                                                                                       Case No. 13LM*****

 

abrennan007                                                                      Defendant,

(Pursuant to K.S.A. Chapter 61)

 

       MOTION FOR EXTENSION OF TIME

 

       COMES NOW, the plaintiff, Portfolio Recovery Associates, LLC, by and through its attorney, Marian M. Burns, of Burns, Burns, Walsh & Walsh, P.A. on the case in proper for the limited purpose of requesting an extension of time until September 30, 2013, to file a response to Defendant's First Request for Production of Documents.

 

       Plaintiff requests an extension of time until September 30, 2013 to answer discovery due to the numerous questions in the discovery.

 

       WHEREFORE, the plaintiff, Portfolio Recovery Associates, LLC prays that its motion be sustained and that it be allowed an extension of time until September 30, 2013, to file to answer or otherwise plead relative to defendant's discovery.

 

SUBMITTED BY:

BURNS, BURNS, WALSH & WALSH, P.A.

 

BY:

     MARIAN M. BURNS - 04850

     P. O. BOX 487

     LYNDON, KS 66451

     785-828-4418  FAX: 785-828-3269

     bbww@bbwwlaw.com

ATTORNEYS FOR PLAINTIFF

 

 

       CERTIFICATE OF SERVICE

 

       I, Marian M. Burns, one of the attorney for the plaintiff herein, hereby certify that I caused a true and correct copy of the above and foregoing Motion to be mailed on the 22nd day of August, 2013, addressed as follows, to-witt:

 

       abrennan007

       My Home

       City, State, Zip

       Defendant Pro Se.

[racecar]

abrennan007 they have nothing.

I bet Ms Walsh will dismiss your case she always does when people fight back.

She will never answer that discovery.

Good job with sending discovery.

Plaintiff is the master of its claim - file an objection to motion for extension of time they should have had all the evidence before they filed suit against you.

A party seeking an extension must demonstrate "good cause"

Plaintiff requests an extension of time until September 30, 2013 to answer discovery due to the "numerous questions" in the discovery.

There was only 14 questions.

I would object.

File and objection to extension of time make them prove their empty case.

[abrennan007]

racecar, thank you that makes me laugh and feel better. Do you have an example of how I could object? And would I need to send it certified through the mail the same way I did with the discovery with a certificate of service as well?

[racecar]

I would send them a letter like this to voice my objection. I'm sure the court would approve it anyway.

What ever courtesy you extend to them they will not extend to you.

They use the time to try and obtain paperwork to use against you.

 

 

Meet and Confer

 

Portfolio Recovery Associates

plaintiff

Vs.

abrennan007

defendant

 

Dear junkdebtbuyer attorney,

There are fourteen (14) requests of discovery sent to your law firm.

This would not be considered voluminous discovery by any court.

A lawyers business workload does not establish excusable neglect for not having the necessary paperwork or time when you file suit.

Defendant has offered plaintiff thirty (30) days to answer defendants discovery any missed deadline would be the fault of plaintiffs' counsel and defendant will file Motion to Compel or in the Alternative Motion in limine.

The undersigned certifies that he

1.Has read the discovery requests.

2.Is not making any discovery request for any improper purpose.

3.Reasonably needs the discovery requests for this litigation.

4.Is acting in good faith.

 

Respectfully Submitted,

abrennan007

 

CERTIFICATE OF SERVICE

 

I, abrennan007, hereby certify that I mailed a true and correct copy of the Meet and Confer Letter mailed on the 28th day of August, 2013, addressed as follows, MARIAN M. BURNS PO BOX 487 LYNDON, KS 66451

 

abrennan007

My Home

City, State, Zip

Defendant