mamabear

Being sued by PRA in CA on more than one

Recommended Posts

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.)

H&H

3. How much are you being sued for? 

$2k+

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

GE or a predecessor in interest

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

I was 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
 

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? 

Sacramento CA 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I am not sure as I really am not able to verify what account this is - both are same OC but two different amounts. I did default on some bills in early 2012, so this is still within SOL. I will pull my credit to try and see if I can find these on there.
 

11. What is the SOL on the debt? To find out: 
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).
Proof of Service of 30-day Summons & Complaint - Personal filed 
 

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. I AM filing a response. Is the day I was served considered day one or is day one the following day????? I know weekends and holidays count.

 

Only Common Counts is marked under causes of action.

 

CC-1. It says I became indebted to GE or a predecessor in interest

A-Within last four years 

1-On an open book account for money due 

2-Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

 

B- Within the last four years 

1- For money had and received by defendant for the use and benefit of plaintiff, for work, labor, 

3- For goods wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff

the sum of $2xxx.xx

4- For money lent by plaintiff to defendant at defendant's request.

5- For money paid, laid out, and expended to or for defendant at defendant's special instance and request.

 

CC-2. $2xxx.xx, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest at the rate of 0% per year from 2012.

 

CC-4 Plaintiff purchased the account from the original creditor or its successor (s) in interest. Plaintiff is the current owner of the account. 



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

All I received is the Summons, Complaint- Contract, Cause of Action, Statement of Location/Venue, Civil Case Cover Sheet, and a Civil Case Packet. 

 

 

 

 

 

 

I am planning on answering with a General Denial PLD050. Is that okay still since they are suing for over $1k? It seems like I can because it says I MAY use the form if the complaint is not verified. This has to go to the court with a POS. On the court website it says my answer can be mailed. I have noticed a lot of people on here advise to go to the courthouse to file the answer. How crucial is this? We are going through a conversion at work and there is no time off permitted right now. The week my answer is due is the the most crucial week at work. If I MUST go to the courthouse then I can probably arrange to go the week before my answer is due.

 

I just want to use the full 30 days to myself. Last Friday I wanted to hang myself. I didn't know what to do. I was scared to death literally that I was awake all night thinking that was my only option. I went into a deep depression for several days after being served. I also had gone through mail and found some letters from PRA regarding some other accounts that they are alleging I owe. I called them freaking out (HOW IN THE F%$% CAN ONE CA HAVE SO MANY ACCTS ON ONE PERSON!) (BOY HAVE I LEARNED A LOT IN THE LAST FEW DAYS!) and I hope I didn't screw myself over. I did tell them not to call my work line anymore because I had been seeing their company name popping up on caller ID every day at work, I just never knew who they were. I did not admit to anything and I told them to take me to court when the guy started demanding that I accept his settlement offer and give him my banking information. Should I do a DV on these other accounts I have found that have not been filed on? Will that do anything to hinder my current lawsuits? I am wanting to file a general denial and then send BOP to their attorney.

 

I found this site only in the last few days and I have become obsessed with it. A week ago I thought my life was over and now I feel like there might be hope in fighting this. I am very fearful of going to court though. I have severe anxiety as it is and I hope I can do this. I need to for me and my kid. I am scared of all the court fees. I make too much to qualify for the fee waiver but I am submitting the fee waiver form still to ask for monthly payments. I make too much to have help with court fees but yet I struggle to put food on the table for my family. Go figure these douchebags going after hard working people just trying to stay above water. I had contacted my old attorney I used for BK several years back thinking that I should hurry and file chapter 13. Now I am hoping with some help from you wonderful people that maybe I stand a chance at fighting this. I read a post that said to the person, they really have nothing else to lose in trying to fight this. If you don't answer it's an automatic judgement, but if you fight, you stand a chance of no judgement. If you lose then file ch. 13.......That was the post that helped lift me back up and start seeing the light again. I hope I can do this and get through this okay mentally. Thank you so much everyone in advance.

Link to post
Share on other sites

You can fax your answer I believe, call the court clerk to make sure.  Yes the general denial form is what you will use.  As soon as you send your answer to the court, mail the same to the plaintiff CMRRR.  In that envelope send them a BOP.  There is a copy of a sample one in ASTMedic's thread that is pinned in this forum.

 

They will send you back some hogwash about this is an account stated suit, and a BOP is improper.  You will then send them a meet and confer (lots of samples in this forum, just a letter) stating the BOP is proper as you are being suied upon open book, mmoney lent/paid, and give them an additional 5 days to produce it.

 

AFter you answer and send off the BOP, come back and we will help you with some discovery requests.

 

The good news is they are a junk debt buyer, and are very beatable if you study, learn your rules, and file your papers timely.

 

Astmedic's thread is a good place to start, he did it without doing much at all.  Then you have Homelessinca's thread that takes a different approach, where he went all the way to trial, and won on merits.  Study those 2 threads, and come back with questions. 

You can do this! And never let anyone make you feel like there is no where to go but death...they are not worth it.  :)

  • Like 2
Link to post
Share on other sites

Thank you @shellieh98. I have read through ASTMedic's and bookmarked it for reference, I will look for the other thread too. I have started a binder with a calendar to keep track of everything. So, my suits are an account stated open book? That is what I should focus my research on? 

 

For my answer, I went through the list of affirmative defenses and I don't believe any apply to me. I did touch on demurrer last night, 430.30-C There is another action pending between the same parties on the same cause of action. Does that count for my suits or am I misunderstanding this? Both suits are the exact same except for the amounts they are suing me for.

 

I am a bit overwhelmed because I have two suits I am having to fight on. But I guess since they are the exact same, I can just duplicate everything I do, I just have to do double work on everything?

 

I am going to work on my answer, fee waiver form for monthly payments, POS and BOP this weekend to start getting everything ready to file and send off. I am confused if I did fax file or mail file, about which POS-030 form to use as it seems there is an attachment form to use POS-030(P) if more than one person is being served by mail. Or would it be the POS-030(D) for documents service to the court? 

Link to post
Share on other sites

I agree with Shellieh 100%. I was going to add to it to send the POS as well, but it looks like you got it. There is a POS for the BOP and the POS-030 that you mentioned, either one should work, but send the POS to the court as well. Also, I was going to add; after you fax it: call the clerk to make sure they got it. Check on line at the court website (case info) and look up your case to make sure it's on record. I don't know how you pay when you fax, maybe you call the clerk first and use a card or check over phone. You don't have to rush your answer, you can use the time to learn, but give yourself a little extra time (for fax problems, etc.).

 

I have seen Calawyer suggest people send the BOP right away, even before they answer, so I now suggest the same.

 

Re: post # 5: put your name and address on the top of the forms. And, when in Cali we are Pro Per's not Pro Se's, and by far MOST PEOPLE HERE WIN. We have had a few people here with extreme anxiety issues pull it off as well. No need to do anything rash, you are in good hands.

 

You mentioned 2 suits, are they 2 separate case numbers? (I'm sure they are but just want to make sure). If so I would not bother with the demur, just fight them head on. If you can find any time to watch a live case it will help you.

 

Welcome BTW.

Link to post
Share on other sites

Sorry to hear this is causing you so much stress. But take comfort in the fact that you are doing just fine. Everyone has many questions at the beginning.

Filing a General Denial as your answer along with a fee waiver request is a simple process. There's no need to rush but it is a good feeling and a relief when you do file your answer. So consider filing a few days or a week before the deadline. If you enter some information incorrectly, or if additional info is needed, the Clerk will let you know. It's not a big deal at this point in the process.

You are standing up and defending yourself, which means you are doing better than the large majority of people sued by these type of companies. Be proud of yourself and take a moment to breath deeply and relax every day. Your case will move very slowly through the Court system. There will be plenty of time to learn a great deal and to make informed decisions as you move forward.

Link to post
Share on other sites

Thank you everyone. I'm not sure how much more I can take. Yesterday I was researching BOP and trying to figure out what exactly I need in it. Decided to take a break with my daughter and went to my nephew's bball game and my daughter had a serious accident. She was admitted to the hospital and is awaiting surgery this morning. My will is being tested for sure right now! I'm on no sleep and so much on my plate right now!

I did download seadragon's BOP. It seems I just have to put in my information, but I don't know if what's already filled out is all I need. I also found a court form for BOP. I don't know if I am confusing myself more?

Link to post
Share on other sites

Confusing your self more.  Use Seadragons BOP, plug in your name and info, and send it off.  It is not a big deal, they will not answer it anyway, or will object to it.  You do it to make a record so down the line you can preclude information that they want admitted, saying you asked for it, and they did not provide it until now, which is to late. It also shows a good faith effort to the court that you are trying to resolve it, but they are not cooperating.

 

If this were an original creditor, there would be no issue in them providing a BOP, but since it was sold the jdb would have to purchase the entire history of the account, that dips into what they can make, they don't want to be bothered unless it is for an amount for thousands of dollars.  (Most jdb's anyway, there will always be an exception to the rule)

  • Like 1
Link to post
Share on other sites

First-relax. :yahoo:

 

Second-Hunt & Henriques are very beatable.  I know first hand. ::travolta::

 

Third-As suggested above-serve the BOP either before or with your answer.  I served it with my answer.  Keep the proof of service for the BOP-you do not need to file it with the court unless you file a Motion to Compel if they fail to serve a complete BOP-which they will! ::NahNah::

 

Fourth-serve them with Discovery Requests (Production of Documents; Interrogatories (ROGS) & Request for Admissions) within three weeks or less of serving your answer/BOP. That's what I did and they dropped the ball big time with so many deadlines up in the air.  They not only missed deadlines and lost their right to object to Discovery, but they responded to more ROGs than requested and sent them rather than served them.  Again do not file any of these docs or your POS unless you file a Motion to Compel or For Matters Deemed Admitted. 

 

You can use MS Word to create pleadings or you can use California Superior Court forms located on this web-site:

http://www.courts.ca.gov/formname.htm

 

If you don't have MS Word then your local library's tech center computers will.  That's where I did all my pleadings.

 

 

Fifth-Don't be afraid to file Motions to Compel-BOPs and/or Discovery Requests after sending at least one Meet & Confer Letter when they fail to respond or respond with garbage which they probably will.  Always send everything by Certified Mail Return Receipt Requested.  Get a stack of the forms along with manila mailing envelopes to have at the ready.

 

Sixth-attend all scheduled meetings if you have to do it by telephone.  Show them you are not afraid of them.  Chat the lawyer up-talk about the weather and make nice.   Act like it's just another day.

 

Seventh-Monitor your Superior Courts Register of Actions to keep up on what is going on with your case.

 

Eighth-Portfolio kept another chat forum member hanging on for over a year before they finally dismissed without prejudice.

 

Ninth-Research your local court records to see how they operate.

 

Tenth-Don't pretend the debt isn't yours.  :hmmmmm:  Neither the Plaintiff's lawyer nor the judge is a blithering idiot. 

 

Lastly, keep the pressure on and stay organized. Get a fee waiver.

 

I had to deal with two lawsuits with a third one in the works before I was in the clear.

 

One JDB (using Hunt & Henriques) dismissed without prejudice (four months after I waged mad-battle with them) and another JDB (using a different law firm)  dismissed the other lawsuit and the potential third suit both with prejudice after I got a consumer law attorney on them for FDCPA/RFDCPA violations.  Now the SOLs have expired on all my debts.

 

Stay Strong.  Stay Focused. Stay the Course!

Link to post
Share on other sites

You guys are so awesome! Thank you so much for the hand holding. I am waiting for my daughter to be discharged from the hospital and then I'm going to get right back on this. I was talking to my parents about possibly being able to get to the court house today since I'm off work today anyway, but then I will need to rush through getting all the paperwork ready. I did pre-fill out my general denial on Saturday before the accident. I think all I need to do is have the POS filled out and plug in my information on the BOP. I should be able to do that.

My answer isn't due for another 2 weeks, should I push to file my answer today or continue to use the next 2 weeks to learn? I think I need to go with the latter. Thank you everyone for all the help!!!

  • Like 1
Link to post
Share on other sites

I would go with the latter as well, just don't be late answering. Push to get the BOP sent today (or soon). A lot of people "overthink" the BOP, but it is just a one page form, designed to be easy and simple (plenty of examples here, and the form from some of the courts that have them are very good as well).

 

Always use time (and anything they give you) against them. If you ever get a chance to go to the court and watch live cases it will help, especially if you have anxiety issues. Learn about discovery as well, request for production of documents (that will most likely be your next step after the BOP). If you keep pressure on them they often will dismiss.

Link to post
Share on other sites

You mentioned 2 suits, are they 2 separate case numbers? (I'm sure they are but just want to make sure). If so I would not bother with the demur, just fight them head on. If you can find any time to watch a live case it will help you.

 

Yes 2 different case numbers UGH! Double the work!! I am definitely trying to get to the court house after the conversion at work to watch some live cases, I think that is what will really help my anxiety issues with going to court. 

 

Third-As suggested above-serve the BOP either before or with your answer.  I served it with my answer.  Keep the proof of service for the BOP-you do not need to file it with the court unless you file a Motion to Compel if they fail to serve a complete BOP-which they will! ::NahNah::

 

If I send BOP first before my answer, someone else needs to send it with a POS? But I keep a copy of the POS? If I send with answer, then I still keep copy of POS?

 

Always send everything by Certified Mail Return Receipt Requested.  Get a stack of the forms along with manila mailing envelopes to have at the ready.

 

Do I have to mail everything in a manila envelope? No regular letter size white envelopes?

 

Sixth-attend all scheduled meetings if you have to do it by telephone.  Show them you are not afraid of them.  Chat the lawyer up-talk about the weather and make nice.   Act like it's just another day.

 

You can attend a scheduled meeting by phone???

 

Ninth-Research your local court records to see how they operate.

 

I have been researching court cases filed by PRA and it seems most have ended in a default judgement.

 

Tenth-Don't pretend the debt isn't yours.  :hmmmmm:  Neither the Plaintiff's lawyer nor the judge is a blithering idiot. 

 

What exactly does this mean? How do I know it is really mine till I see the proof they have? I have defaulted on some accounts but I do not recognize the accounts that PRA is claiming I owe money on.

 

 

I am currently working on the forms I need to send out. A friend of mine told me she can go to the court house to file my answer for me. Is this allowed with a POS? And what POS would it be? It seems all the forms I am looking at is for a specific person being served. 

 

On the POS under documents served, am I supposed to enter it like this:

PLD 050 General Denial Answer

Bill of Particulars 

 

Thank you! 

Link to post
Share on other sites

On the BOP, what do I put in these areas?

 

Dept:

 

Hon. <judges Name

 

Does CIVIL go by department? And what do I put for judge's name?

 

 

If there is no department listed in the complaint (or Judge), just remove these two lines.  The BOP is not filed with the court.  It is just served on the plaintiff.

 

One observation about your complaint.  Does the complaint really say "GE or a predecessor in interest"?  If so, my guess is that plaintiff doesn't even know who the OC is.  Pretty sad state of affairs.

Link to post
Share on other sites

If there is no department listed in the complaint (or Judge), just remove these two lines.  The BOP is not filed with the court.  It is just served on the plaintiff.

 

One observation about your complaint.  Does the complaint really say "GE or a predecessor in interest"?  If so, my guess is that plaintiff doesn't even know who the OC is.  Pretty sad state of affairs.

 

Great, thanks!! 

 

The complaint says exactly: General electric capital or a predecessor in interest.

 

Is this how the BOP should read or am I supposed to change what is in the brackets?

 

DEMAND FOR BILL OF PARTICULARS

            To PLAINTIFF Portfolio Recovery Asscoiates, LLC and [its/their] attorneys of record herein:

            DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant, , within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account.

Dated: 4/30/2014

Link to post
Share on other sites

Does anyone know what the likelihood is of the court approving me making monthly payments on the filing fees???? I am filling out the fee waiver and the financial information required for requesting monthly payments is rather involved. Thanks!

Link to post
Share on other sites

Here is how it should look:

 

DEMAND FOR BILL OF PARTICULARS

            To PLAINTIFF Portfolio Recovery Associates, LLC and its attorneys of record herein:
            DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant, ______ , within 10 days, a Bill of Particulars setting forth all items and details of the account on which the causes of action for goods sold and delivered, money had and received, money lent or paid and quantum meruit of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account.
Dated: 4/30/2014

 

 

In the blank, you fill in your name.

Link to post
Share on other sites

Keep your cases separate. If you send things off together, they will undoubtly apply 2 things for one case, and say you missed something for the other. Always fight them like it is 2seperate attorneys. Keep a log for each case so you don't get mixed up too.

Link to post
Share on other sites

Thank you @shellieh98.

I am mailing two separate BOPs this morning for each case. I was filling out the envelopes for my server this morning but is it the server's address that goes on envelope for return address or mine?

I've read two separate sets of instructions for the POS form and now I'm utterly confused! One says to SIGN and date the POS and send with the documents. The other instructions say to mail a copy of the UNSIGNED POS to the other party, then after depositing in mail, SIGN the original POS and file this with the court.

Since BOP is not filed with the court, would my server SIGN and mail the original POS with the BOP and I keep the copies of everything?

Then next week when I file my general denial, my server would mail the documents with an UNSIGNED copy of the POS? After she mails it, then she signs the original and gives it to me to file with my genera denial to the court?

Am I understanding this correctly? I don't want to mess anything up! I'm starting to get very nervous now that I'm getting closer to filing but I try to tell myself this is just a game for them!! Thank you!

Link to post
Share on other sites

I sent off BOP for each case today. My server just signed the form and that went in the envelope. But I guess with my answer, she doesn't sign the POS that goes with answer to plaintiff?

Today after hours of searching my local court records, I finally found one case out of thousands where the defendant filed an answer. The case went to trial and judgment was against defendant. It looks like after the CMC statement was filed, the defendant didn't file anything else. So, not sure what else the defendant did to defend himself and I'm guessing that's why he lost.

I did find that my local court holds CMCs on Thursdays only and a lot of what I have viewed did not require an appearance. I wanted to try and sit in on a few so I know what to say and how to respond when my time comes.

Link to post
Share on other sites

You file the answer with the court, with a proof of service signed by someone else saying you sent a copy of the answer to the plaintiffs lawyer. You send a copy of the answer  to the lawyer with a copy of the POS as well. 

Anything you file with the court you must send a copy to the lawyer. You must also file a POS with anything you file with the court and include a copy of the POS with anything you send the lawyer.

 

You can do it in one trip. You give the court the original document and a POS saying you sent a copy to the lawyer. On your way to the court you drop the copy of the document and POS (signed by friend) in the mail to the lawyer. Don't send an unsigned POS (or anything else for that matter) to the lawyer (or court).

 

I don't think anyone really has someone else mail it for them, but you do need them to sign the POS. Put your address on the envelope for return. Keep copies of everything. And keep everything they send you (including the envelope it came in).

  • Like 1
Link to post
Share on other sites

You file the answer with the court, with a proof of service signed by someone else saying you sent a copy of the answer to the plaintiffs lawyer. You send a copy of the answer  to the lawyer with a copy of the POS as well. 

Anything you file with the court you must send a copy to the lawyer. You must also file a POS with anything you file with the court and include a copy of the POS with anything you send the lawyer.

 

You can do it in one trip. You give the court the original document and a POS saying you sent a copy to the lawyer. On your way to the court you drop the copy of the document and POS (signed by friend) in the mail to the lawyer. Don't send an unsigned POS (or anything else for that matter) to the lawyer (or court).

 

I don't think anyone really has someone else mail it for them, but you do need them to sign the POS. Put your address on the envelope for return. Keep copies of everything. And keep everything they send you (including the envelope it came in).

 

Thank you so much for clearing that up for me! I sent the BOPs 5/5/14, so I have it marked that I should receive a response on or around 5/20/14. I am filing my answer next week on Tuesday or Wednesday, it is due Friday... eek! I have anxiety over how the answer packet is supposed to be put together! I need to call the clerk again. I called last week and they do not accept fax filing, nor does the clerk accept it at the counter. I have to use the drop box and date stamp it before putting it in. I really would rather go to the counter and have them walk me through it... ugh.  :waah:

 

I have been focusing on researching discovery the past few days. I have bookmarked astmedic's, homelessincalifornia's, helpme's and several others threads, but I keep seeing references for a 1111girl's thread and I am having trouble finding it. Can anyone help me find it? I don't know why I can't find it and it is frustrating! Thanks! 

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.