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Served by Portfolio Recovery (Hunt and Henriques)


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Hi everyone,

 

I was served last night at my house for an outstanding credit card that I have. The plaintiff is Portfolio Recovery being handled by Hunt and Henriques. It shows that the debt was owed to Capital One, but it was originally an HSBC account. The amount is around 1,6xx.00. I have read through some of the past posts, but I'm really clueless about some of the things I'm reading. From what I've gathered, the first thing I should do is request a BOP? Is there a form for that, or how do I go about filing that?

 

I appreciate any help you can give me... I'm already going through a lot of stuff personally, and this is not helping at all. Hoping I can beat this somehow because I can't afford much of anything right now.

 

Thanks...

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You have to file a general denial, unless the complaint is verified, then you file an ANSWER.

 

Read ASTMedic's "how I beat midlands" it should have all the forms as well as the BOP (I believe). Also see HomelessInCalifornia's going to trial thread.

 

You should have about 30 days to answer so use the time to your advantage and learn before you answer, just don't be late.

 

Also, find Racecars 20 questions on here and answer them in this thread, it will help others to help you.

 

Good Luck...

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1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

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

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

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

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

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

9. What state and county do you live in?

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

11. What is the SOL on the debt?

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).

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

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.

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?

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

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@Anon Amos is correct, you must answer the complaint first. There's nothing that says you cannot serve a BOP at the same time however, as Anon Amos has already stated we need a bit more information which can best be obtained through answering the above questions. Specifically, it's necessary to know the cause of action before anybody can advise sending the BOP, as they are inappropriate for an ACCOUNT STATED cause of action and will only result in an objection by PRA.

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1. Portfolio Recovery Associates, LLC

2. Hunt and Henriques

3. $1,6xx.xx

4. It says Capital One, although it was originally HSBC (Orchard bank)

5. Served paperwork at my house this week

6. In person

7. Not sure, I'd assume so.

8. One phone call around Nov-Dec. I was told it was for Capital One on the phone, I previously had a Capital One card with a similar balance that I paid off in full, so I objected to it, and told them I would need to investigate it and provide them paperwork of the card being paid. I then realized it was for a different card, and I had no correspondence since then, until now.

9. Orange County, California

10. Really not sure, I'd say around 2010-2011

11. Not sure.

12. Last activity on the court website says "Summons issued by Portfolio Recovery Associates, LLC on 12/26/2013". Don't see any other pertinent information.

13. No

14. No, the suit was filed pretty quickly after my phone call with them.

15. 30 Days

16. Just the court paperwork was given to me. Nothing from the actual account.

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Also, How do I know if the complaint is "verified" or not? I started looking at the General denial form, and saw that if it IS verified and went to a third party collector, I can't use that form.

 

Sorry for the stupid questions.. just don't want to make dumb mistakes on these things.

 

Thanks again for all your help.

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That's actually an important questions. It should have a separate page with the word "verification" on the top. It will be signed by the lawyer and say that his client is not in his county so he makes the verification on their behalf, and has reviewed the case and believes it's true........

 

If you don't see something like this it then it's not verified.

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Also, How do I know if the complaint is "verified" or not? I started looking at the General denial form, and saw that if it IS verified and went to a third party collector, I can't use that form.

 

Sorry for the stupid questions.. just don't want to make dumb mistakes on these things.

 

Thanks again for all your help.

Verifications are usually signed by the client.  They can be signed by a lawyer but only if the client is outside of the County where the lawyer maintains her office.

 

Go to the last page of the attached link and you will see a typical verification form for California complaints. As in the example, most (but not all) verified complaints say so in the caption itself: http://cluebytwelve.net/monkeys-lawsuit/complaint.pdf

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On the General Denial form, it asks to list "Facts"... should I be leaving that area blank, or is there some sort of info needed in there?

 

Sorry to bug you guys, but does anyone have any info on the "Facts" area on the general denial? I'm not sure what, if anything, I should be putting in there.

 

Thanks..

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Sorry to bug you guys, but does anyone have any info on the "Facts" area on the general denial? I'm not sure what, if anything, I should be putting in there.

 

Thanks..

You don't have to worry about bugging anyone, it's better to ask first then to try and fix mistakes later.

 

The "facts" area is where you would list any affirmative defenses you may have. You may not have any, so you would leave it blank. If you have an affirmative defense of SOL for example, you would assert it here.

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1. Portfolio Recovery Associates, LLC

2. Hunt and Henriques

3. $1,6xx.xx

4. It says Capital One, although it was originally HSBC (Orchard bank)

5. Served paperwork at my house this week

6. In person

7. Not sure, I'd assume so.

8. One phone call around Nov-Dec. I was told it was for Capital One on the phone, I previously had a Capital One card with a similar balance that I paid off in full, so I objected to it, and told them I would need to investigate it and provide them paperwork of the card being paid. I then realized it was for a different card, and I had no correspondence since then, until now.

9. Orange County, California

10. Really not sure, I'd say around 2010-2011

11. Not sure.

12. Last activity on the court website says "Summons issued by Portfolio Recovery Associates, LLC on 12/26/2013". Don't see any other pertinent information.

13. No

14. No, the suit was filed pretty quickly after my phone call with them.

15. 30 Days

16. Just the court paperwork was given to me. Nothing from the actual account.

Welcome,

 

You don't state what casues of action you are being sued for....ie., breach of contract, account stated etc...if one of the causes of action is for account stated then requesting a BOP will not work you would just go straight into requestfing for documents, etc...so please post so we can help you better.

 

Read this article it may give you a better understanding: http://www.courts.ca.gov/partners/documents/2011SRL5eRooney.pdf

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You don't have to worry about bugging anyone, it's better to ask first then to try and fix mistakes later.

 

The "facts" area is where you would list any affirmative defenses you may have. You may not have any, so you would leave it blank. If you have an affirmative defense of SOL for example, you would assert it here.

Thanks Anon

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Welcome,

 

You don't state what casues of action you are being sued for....ie., breach of contract, account stated etc...if one of the causes of action is for account stated then requesting a BOP will not work you would just go straight into requestfing for documents, etc...so please post so we can help you better.

 

Read this article it may give you a better understanding: http://www.courts.ca.gov/partners/documents/2011SRL5eRooney.pdf

 

Thank you helpme. I'll take a look at the summons again tonight, and reply back.

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http://postimg.org/image/q5kbok5nr/

 

I figured this would be easier. Blacked out the particulars... but that's everything under the "Cause of Action - Common Counts"

 

I did notice on the page before, the last box was checked that says "The following paragraphs of this pleading are alleged on information and belief", referring to the areas in the picture.

 

I hope this helps. Thanks again..

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Thanks Anon. I'll send the General Denial, and the BOP and see how it goes from there. Wish me luck!

Good Luck. I am sure you know this, but just in case:

 

You send the lawyer the BOP. You FILE the general denial with the court, with a POS, and send the lawyer a copy of the general denial with a POS.

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Good Luck. I am sure you know this, but just in case:

 

You send the lawyer the BOP. You FILE the general denial with the court, with a POS, and send the lawyer a copy of the general denial with a POS.

 

I was actually going to verify that... I know zero. I'm trying my best to read through everything people have pointed me too, but it's an easy world to get confused in. Thank you for your input.

 

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  • 3 weeks later...

Hey guys... I'm ready to mail the General Denial. Can you verify for me what I need to make sure I'm purchasing when I send it at the post office? I see Return Receipt and also Adult signature required...Sorry for the dumb questions, just wanna make sure I have it right.

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