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Being Sued By Portfolio Recovery Asso. LLC,

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I'm in CA

 

The  Plaintiff is Portfolio Recovery Assc. LLC. in Norfolk VA

 

Then it list's 4 Attorney's  

 

Common Counts

 

Other allegations: Before commencement of this action, plaintiff informed the defendants in writing it intended to file this action and that this action would result in a judgment against defendants that would include, if applicable, court cost and necessary disbursements allowed by CCP 1033( B)(2)

 

damages 2164.74

 

It say that they will give notice if there is a sub attorney  

 

CC-1  became indebted to: Plaintiff's predecessor GE CAPITAL RETAIL BANK /SAMS CLUB on an account assigned, transferred and/or sold to plaintiff. Plaintiff is the assignee of the account.

 

CC-1(a) because the account was stated in writing by and between plaintiffs assignor and defendant in which it was agreed that defendant was indebted to plaintiffs assignor.

 

CC-2 is left blank

 

CC-3 is left Blank

 

CC-4 : 2164.74, which is the fixed and agreed amount due and unpaid despite Plaintiff and assignor's demand for payment. The account was purchased from the original creditor GE CAPITAL RETAIL BANK / SAMS CLUB. Plaintiff is the assignee of the account.

 

Then the pleading for reduced filing.

 

Then CERTIFICATE OF COUNSEL

 

The cover sheet it says  Contract Rules 3.740 (09)

 

I filed for fee wavier, I'm not sure where it stands.

 

I have received my MSC

 

And here was my answer.

 

 

 

 

 

 

Now  what do I do?

 

 

 

answer.docx

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Did I screw up by using Affirmative Defense, I was reading in another post not to use it. 

 

I did receive my fee wavier... 

 

Thank you 

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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.)
No law firm ...4 Attorney's names
3. How much are you being sued for?

2000.00

4. Who is the original creditor? (if not the Plaintiff)
Sams Club GE Capital Retail Bank 
5. How do you know you are being sued? (You were served, right?)
I was personally served
6. How were you served? (Mail, In person, Notice on door)
in Person
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?
CA Riverside
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I don't remeber
11. What is the SOL on the debt? To find out: 

I think 4 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I filed my Answer and I posted it. 

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? CC-1  became indebted to: Plaintiff's predecessor GE CAPITAL RETAIL BANK /SAMS CLUB on an account assigned, transferred and/or sold to plaintiff. Plaintiff is the assignee of the account.

 

CC-1(a) because the account was stated in writing by and between plaintiffs assignor and defendant in which it was agreed that defendant was indebted to plaintiffs assignor.

 

CC-4 : 2000.00 which is the fixed and agreed amount due and unpaid despite Plaintiff and assignor's demand for payment. The account was purchased from the original creditor GE CAPITAL RETAIL BANK / SAMS CLUB. Plaintiff is the assignee of the account.

No other pleadings except for request for filing Fees

 

 Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

Nothing else

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Thank you Calawyer...

 

 

 

I found the Bill of Particulars (BOP) on 1111girl case. I did ask for the contract assigning the account to the Plaintiff as well. 

 

I'll get it in the mail today.

 

Thank you again ... 

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Dumb question sorry [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] Do I leave everything in the [ ] or pick one ? 

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54.  

CCP 454.... It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular.

If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true; or if the facts are within the personal knowledge of the agent or attorney for the party, or the party is not within the county where the attorney has his office or from some cause unable to make the affidavit, by the affidavit of the agent or attorney.

(Amended by Stats. 1939, Ch. 63.)

 

So it seems they have 10 days to respond. To the BOP.

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      .I sent the meet and confer letter on May 7, 14...   I receive a settlement agreement from Portfolio. They are knocking off 664.75. if I pay the 1500.00. If they dont receive the 1500.00 they will move forward with the pending litigation against me. I can scan the letter if you want. 

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I received letter (actually 2) both with thee same date. I can scan them if you like. Nothing in pleading, just letters saying stuff like if we dispute related to identity theft/fraud.

 

then the second letter saying they completed their investigation of our dispute. They attached documents (statements), and says " which establish its validity".

 

 

What would  be the next step?

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Assuming you don't want to settle, just ignore their letters.  You might want to poke them one more time about the Bill of Particulars.

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I received from Portfolio on 8/22

1. Declaration in lieu of personal testimony pursuant to CCP 98

2. Notice requesting and parties to attend trial  1987(B)

3. Request for statement of witness

3. Plaintiff's Trial Brief

4. Plaintiffs trial witness list

5. plaintiff objection to demand for bill of particulars.

 

I think I'm behind the 8 ball

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I received from Portfolio on 8/22

1. Declaration in lieu of personal testimony pursuant to CCP 98

2. Notice requesting and parties to attend trial  1987( B)

3. Request for statement of witness

3. Plaintiff's Trial Brief

4. Plaintiffs trial witness list

5. plaintiff objection to demand for bill of particulars.

 

I think I'm behind the 8 ball

What's the trial date?

 

You'll need to subpoena the ccp98 declarant, and prepare your objections to everything that was attached to it.  I'd also send them a ccp96 request (form DISC-015).

 

When are trial briefs and MIL/objections due?

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Where does the CCP 98 declarant live?  Is there an address in California where the witness may be served?

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Also I was served the trial exhibit list.

 

The declarant is in San Diego, it also says that the she authorize me to serve the atty. if I cant get her served. Also under penalty of perjury it's signed with the date August 13. Am I just to assume that its 2014?

 

Trial is on Sept. 25.

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I wouldn't assume anything.

Also, is it signed under perjury to the laws of the state of California; or does it just say under perjury?

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The declarant is probably from another state and vomiting perjury by saying they will be in San Diego. Read it all closely and make sure.

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I can scan it if you like... It says " My current address is XXXXXXXX San Diego. I  am available at this address for service of process 20 days prior to trial date herein. If service of process cannot be effectuated at the aforementioned address,I authorize  the def. to contact atty. xxxx for purpose of effecting proper service on my behalf.

 

I have personal knowledge of the above facts and if called to testify could competently do so. 

 

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. 

 

executed on this 13 day of august at san diego California 

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I guess anything is possible

A bottom feeder actually used the code as it was intended and has a declarant that is a Californian.

Just continue with the subpoena process as you were. I don't know that you need to scan anything yet

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On second thought; it's probably a lie that the declarant lives in San Diego. You would still serve the subpoena anyway.

If it's not too much trouble to redact and scan we may be able to spot something you missed, but it's not critical

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