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PRA sued me, help! :(


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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.) Same as above.

3. How much are you being sued for? $1,139.00 (I know)

4. Who is the original creditor? (if not the Plaintiff) Original Creditor- CITIBANK.NA/SEARS.

5. How do you know you are being sued? (You were served, right?) Yes, I was served at home.


6. How were you served? (Mail, In person, Notice on door) Both, a man came twice to my home and left a copy of the summons with my dad. Then I just received a summons by mail


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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Not that I recall.

9. What state and county do you live in? San Diego County, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It’s hard to tell, I want to say late 2009, early 2010. I had contacted them back in 2011/12 to make payments, I called twice and made arrangements. Since that was the only time i received anything from them stating that things can escalate if i don't reply. 

11. What is the SOL on the debt? To find out: 4 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). Pending

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

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

 9. other allegations: Before commencement of this action plaintiff informed the defendant(s) in writing in intended to file this action would result in a judgment against defendant that would include if applicable, court cost, and necessary disbursements allowed by ccp section 1033(B)(2)

Cause of action.

CC-A: Other: $1,139.00 which is the fixed and agreed amount to due and unpaid despite plaintiffs demands plus prejudgments interest the rate of 0% per year from 11/18/2011. The account was purchased from the original creditor CITIBANK,N.A/ SEARS

 

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I'm completely lost on what to do next. xhitwallx I know I have to reply to the summons, but I'm even lost in how to reply. I want to settle this out of court, and I'm willing to pay or come to some sort of agreement. The amount due i won't have right away, i could probably have half. I just want to know what i should do next, reply and contact PRA to settle? Thank you so much for your time!  xdancex 

 

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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.) Same as above.

3. How much are you being sued for? $1,139.00 (I know)

4. Who is the original creditor? (if not the Plaintiff) Original Creditor- CITIBANK.NA/SEARS.

5. How do you know you are being sued? (You were served, right?) Yes, I was served at home.

6. How were you served? (Mail, In person, Notice on door) Both, a man came twice to my home and left a copy of the summons with my dad. Then I just received a summons by mail

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Not that I recall.

9. What state and county do you live in? San Diego County, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It’s hard to tell, I want to say late 2009, early 2010. I had contacted them back in 2011/12 to make payments, I called twice and made arrangements. Since that was the only time i received anything from them stating that things can escalate if i don't reply. 

11. What is the SOL on the debt? To find out: 4 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). Pending

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

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

 9. other allegations: Before commencement of this action plaintiff informed the defendant(s) in writing in intended to file this action would result in a judgment against defendant that would include if applicable, court cost, and necessary disbursements allowed by ccp section 1033( B)(2)

Cause of action.

CC-A: Other: $1,139.00 which is the fixed and agreed amount to due and unpaid despite plaintiffs demands plus prejudgments interest the rate of 0% per year from 11/18/2011. The account was purchased from the original creditor CITIBANK,N.A/ SEARS

 

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I'm completely lost on what to do next. xhitwallx I know I have to reply to the summons, but I'm even lost in how to reply. I want to settle this out of court, and I'm willing to pay or come to some sort of agreement. The amount due i won't have right away, i could probably have half. I just want to know what i should do next, reply and contact PRA to settle? Thank you so much for your time!  xdancex 

 

This is the part of their complaint that you will need to refute. Make them prove that there was an agreement upon the alleged amount. You will also want to make them prove they actually own the debt.

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Thank you all so much for your replies! I'm completely lost so please excuse me if my questions seem like common sense.

 

BTO429- How do i do that? What forms or reply do i have to send to them. I know of the general denial form and answer which i'm assuming is the same thing. I also put together an demand for bill of particulars. 

 

Fleyerfan- with a general denial form pdl-050 or pld-c010? Do i send that by mail, or actually go to the court and file them?

 

HotWheels96- I'm going to double check on old bank statements because I'm sure i did. What if the case was that they where never made? Can i even bring that up that i tried contacting them and gave them all my information twice?

 

Thank you guys! 

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I think cali has a form that you fill out where you can admit, deny, or admit/deny in part. CALawyer will know this. Maybe he will pop in.

 

In the mean time just call the court clerk and ask what form you need to fill out or if you need to type something up on your own.

 

A denial of the alleged debt will be enough for the court to set a trial date. Once in the the process they will send you discovery requests and interrogatories,  This is where you send back your discovery and ask for proof they own the account.

 

Now, did they claim breech of contract or account stated? If all they claimed was breech of contract, and they did not mention account stated or common counts then a request for a bill of particulars is in order. Cali is very very picky and will not allow a BOP in account stated complaints.

 

There is case law on the BOP that you will need to research, you can use these court case law to prove that a BOP is in order. I guarantee they will say that a bop is not in order and try their best not to provide one. A BOP will prove they do not own the debt as they will not have enough info to prove such.

 

Look up CALawyer and send him an email on here.

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If the complaint is not verified (meaning there is not a separate page with the word "verification" and some language about everything being true and verified & signed by the lawyer" then you can file the general denial (form PLD-050). You don't have to rush, use your 30 days to learn (always use time to your advantage).

You file the general denial with the court (by the 30 day time frame) and you send a copy of it with a proof of service to the lawyer. The general denial PLD-050 has its own form for the proof of service (POS)

Any time you file something with the court you send a copy of what you filed to the lawyer, along with a POS. The Proof of service form you can use is POS-030. Read the instruction on the form; as you are supposed top have a person who is not a party to the case mail (serve) it to the lawyer.

You do not file the BOP or any discovery with the court, you send it directly to the lawyer with the POS -030

You can look up ASTMedic's "how I beat midland" and Seadragon's 60 day before trial check list, as well as Homeless in California's thread.

Get a copy of your local rules, and learn the rules of evidence if you want to fight this. Hearsay, business records exception to it, best evidence rule, rule of completeness, and rules of authentication.

There's plenty of help here. Good Luck...

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No sense rushing to settle anything. You don't even know if these bottom feeders are the one's that really own the alleged debt. And they will not do a good settlement with anyone who is quick to rush into it. Even if you do settle; if you fight them a bit they will settle for a lot less, or even dismiss the case.

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