Berfie

Being Sued By Portfolio Recovery

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My question involves collection proceedings in the State of: California. Just received a summons stating that I am being sued from a debt collection agency. I do not deny the debt but I question the agency. This is what happened: I lost my job about a year and half ago and I do not receive unemployment because they cut everyone off on December 28. My brother is helping me financially trying to keep my head above water til I find a job. Now here comes the CA (Collection Agency) suing me and on the summons what I notice they claim they were assigned/transfer/purchase directly from the creditor. As I was going thru some papers I found 2 invoices each from 2 different CA prior to the CA that is suing me. The CA that is suing acquired that from the a previous CA, now why state they got directly from the original creditor? Is that normal procedure? I am fully aware that CAs often purchase the debt from other CAs.

Also I have made payments when I was collecting unemployment and a few dollars in my checking account to the collection. So when I received a notice from EDD that all would be cut off on December 28, I knew the worse was coming due to how am I going to survive with no money coming in? So I called the CA and I explained to them and offered $25.00 a month until I can get back on my feet again. Well guess what = DENIED, not just once but twice.

Now that I received the summons I called the CA again to see if I can arrange another payment. Again I asked for $25.00 a month to pay = ACCEPTED. I asked the rep twice in the "legal department" why was I refused previously since that is all I'm asking. She refused to answer my question but she did say that she can't refuse my money. Huh? So when we both agree upon the amount I requested a written statement regarding the agreement - DENIED. She stated that they can't do that. I asked her why not I'm simply want a written statement regarding our agreement. Again she said she can't. o brother. Also the amount owed would have been lower too had they accepted my offer back then. I would just like opinions on this.

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Portfolio Recovery is a Junk Debt Buyer that purchases debt for pennies on the dollar.  Do not pay them anything.  Do not offer to pay them anything.  Especially if you are in a bad financial situation.

 

If they have sued you, you need to answer their complaint in court before the deadline, or they will get a default judgment and really have the power to make your life miserable.  That is why they were playing games with you.  They were hoping they could string you along, taking your money with no written agreement, and you would ignore the court summons and they would get their judgment.

 

But now you are in the right place.  I would suggest you post your situation in the sub forum, Is There a Lawyer in the House:  http://www.creditinfocenter.com/community/forum/177-is-there-a-lawyer-in-the-house/

 

Answer the questions here:

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

And folks will be able to help you.  There are a number of posters from California, including a consumer lawyer.  Good luck!

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Yeah PRA plays dirty, trust me I know.  Just like nobk said, they want your money now because they are hoping to get the judgment on you.  But of course they will not commit to anything.  Don't pay them a dime.  Sometimes you just need to say NO.

 

I know you want to do the right thing and pay your bills, but you lost your job and it was not your fault ( I am in the same boat).  You explained this to PRA and they are not willing to work with you, trust me they don't care you lost your job. 

 

Screw them.

 

Oh and make sure you give your brother a big hug.  Your lucky to have him.

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@ mopman64

 

Sorry Mopman, I never denied the debt.  I did go into an agreement with them last year becaue at that time I still had money in my account and was collecting unemployment.  Last October, I received a notice from EDD that they are cutting off everyone's benefit on December 28.  I then became panicky because for 1) I was not low on fund in my checking and 2) unemployment is the only fund to keep paying my bills.  So at first I was able to give 70 a month, but when I got a letter from EDD I called and spoke with an agent from PRA explaining my situation and I asked if I can pay 25.00 until I can get myself a job and back on my feet...response..NO!  Only 50 they accepted I said may I pay 25 for financial hardship..NO! I said ok and I hung up and said forget it.

 

Last April 20 (Easter) at 10:45 am, I was awaken by my cellphone ringing  so I assume it was a friend and I said yes (didn't even to check who it was) and a woman stated that she was from PRA and she is calling to collect a debt.  Then she asked if I own a debt with Chevron, however this woman could not pronounce it.  I said yes she said I told her about my financial hardship and stated that all I can pay right now is 25 a month until I can get back on my feet.  Well her response is...NO.  She then asked if I have a car (did not ask if I own it or not)  I said yes, then she asked if I had a 401K I said no, THEN she asked how was I supporting myself if I have no income.  I told her my brother is helping me.  Then she asked "Can your brother pay for this".  I told her NO and I said bye.

 

 

Now after I received the summons, I called PRA  (the legal department) and told them let me allow to pay 25 a month.  The response:  Yes, we can't refuse your money.  Huh?  I asked her twice why was I refused twice before.  She refused to answer them both time.   I said Ok however I request a written agreement from PRA  and a monthly statement from PRA.  Her response...NO WE CAN'T  huh?  I have gotten a written agreement from them before and everytime a due date was nearing they sent me statements.  Now they are telling me NO WE CAN't.  I still have those statement.  They want me to just write out a check and write the account number on the check and send it in with no billing coupon . 

 

So Mopman I made some very stupid dumb mistakes or shall I say beyond stupid.

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Wow time as gone by.  I have filed the Proof of Service and the Case Management Statement sometime last week and half ago.  On the CMS  for Description of Case:  Common Counts    Brief Statment:  PRA alleges that I owe this amount $$$$$ on a Common Count theory.    Now on the Discovery box that was checked:

Defendant....Request for Production of BOS    TBD  / Defendant.....Interrogatorries   TBD  / Defendant......Request for Admission   TBD.

 

Have no clue what does TBD mean.  Now what happens if they don't submit any discovery documents before the Case Management meeting?   Also is there anything I should take with me?  Like my binder with documents, pen, paper, etc.  Just asking...I'm still nervous I still have butterflies in my stomach I can feel them flying around  HA!

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The SOL in Calif. is four years, unfortunately, because you have continued to pay them you have extended that SOL.I agree with the others, STOP PAYINF THEM NOW. They are going to sue you anyway if they are really planning on it, so save your money, forget trying to settle with a CA/JDB. They will lie to you every time and NOT give you anything in writing. The most you could ever hope for if you were to pay them off would be a paid as agreed or paid in full and it will still remain on your CR for the remaining seven to seven and a half years for it to fall off.

 

Get on here like the others have said and read and research until your head swells, you will learn how to defeat them on your own. From this point on stay off the phone with them and make all communication via US mail, CMRRR. Remember, stay off the phone with them! You can win and we will help you.

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@Tom -

 

I haven't paid nothing since last year in September.   Yes they have been calling but have not answer them - period.  Just wanted to ask ask about the process during and before the Case Management meeting.

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It's been many years since I've lived in Calif. and when I did, I filed BK 7 about forty years ago. The laws have changed since then. If you have been served, make sure you answer the summons using general denials. They will try and get you to settle, they will call you outside the courtroom into the hall or small room and try again to convince you to settle because you haven't a chance. Tell them no and that you will see them in court. Many times they will fold at the last minute. They are looking for easy pickings, not someone that is going to fight them and cost them money.

 

Calawyer or Sea Dragon will be some of your best help there in Calif. PM Calawayer, he is an attorney there in Calif. Depending on the amount of debt that you have, BK 7 may be your best way out. Their are other in Calif. better suited to helping you because they know Calif. law.

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Send PRA a BOP as soon as you can... this should trip them up a bit. They will respond that they don't need to reply. This is good for you- if they fail to respond on common counts, you can make a move to have all "evidence" deemed inadmissible.

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@1Step -

 

Also on the Case Management Statement for Meet and Confer:  It states that I called the Plantiff (PRA) after receiving Summons and Complaint but did not reach an agreement.

 

So far, they have not filed a Case Management Statement on their side nor have they send me anything and the CMS will be next week.  I have documents that PRA sent me but not just them but also from other CA.  I thought of waiting it out until after the CSM to then send it to them.  What they don't know I have 2 notices from 2 CA before PRA .  I don't want to give them the heads up on it.  Am I wrong on that?

 

1Step - what is a BOP?  Is that like a Bill of Sale?

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It's a Bill of Particulars (CCP 454).

 

Per CCP 454, the Plaintiff has to itemize charges and payments over the life of the account - something most JDBs cannot do very easily.

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@1 Step-

 

Can the BOP be requested during the Case Management Conference, or must it be done before the meeting?  I assume I wouldn't need to because the Case Management Statement does state what is requested from them. 

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Just going thru my credit report and I notice there is 2 dates on the charge off from the OC.  From ___ 2012 to ___2013.  Since PRA is suing me they did not purchase the account until 2013.  There are 2 previous CA before PRA   I notice the date of the second CA invoice, dated 11/2012.    I viewed my other credit reports and it does not have a dates of charge off but it does have CO (Charge Off) for 2012 thru 2013).

 

I assume there should be 1 date where they charge off and not 2.   I wonder if they could be used to benefit my side (discovery?

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