Berfie

Being Sued By Portfolio Recovery

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1. Who is the named plaintiff in the suit? -   PORTFOLIO RECOVERY ASSOCIATES

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -  EMILY PIERCE (Bar #240084)/ JORDAN D COOK (Bar # 179720) / LORI N WILLIAMS (Bar #242985) / KRISTEN L BRINKEROFF (Bar #263579) / ROBERT CARDWELL (Bar #121986)  PORTFOLIO RECOVER ASSOCIATES LLC, 120 CORPORATE BOULEVARD, NORFOLK, VA  23502


3. How much are you being sued for? - $2,598.06

4. Who is the original creditor? (if not the Plaintiff) - GE CAPITAL RETAIL BANK / CHEVRON & TEXACO

5. How do you know you are being sued? (You were served, right?) - YES LAST SUNDAY JUNE 1, A YOUNG MAN CAME TO THE DOOR AND IF I WAS ------.   I SAID YES, THEN HE HANDED ME THE DOCUMENTS, DID NOT HAVE TO SIGN ANYTHING. SIMPLY STRETCH OUT ARM AND GAVE ME DOCUMENT AND TOLD ME THAT THIS WAS A SUMMONS.

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

7. Was the service legal as required by your state? - NOT SURE.  JUST GOT NERVOUS FORGET TO ASK HIS NAME OR FROM WHERE HE IS.  HE APLOLIGIZE AND TOLD ME IT WAS HIS JOB AND LEFT.  I ASKED HIM WHAT WAS I SUPPOSE TO DO, AND HE SHOWED ME THE PHONE NUMBERS TO CALL THE PLANTIFF AND WHERE THE COURT HOUSE IS.

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? - NONE.  EVERYTHING WAS DONE ON PHONE.  NO WRITTEN CORRESPONDENCE BY ME

9. What state and county do you live in? - CALIFORNIA, CONTRA COSTA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - OCTOBER 2011 (CHEVRON) &  PORTFOLIO OCTOBER 2013  (JUNE $70 / JULY $70 / AUGUST 70 / SEPT 50.00 - READ MY STORY BELOW)

 

 

 
11. What is the SOL on the debt? To find out - ORAL (2 YEARS)  /  WRITTEN (4 YEARS) /  PROMISSORY (4 YEARS)

 

 

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).

 

Complaint Number: 1 Complaint Type: CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) Filing Date: 05/06/2014 Complaint Status: ACTIVE Party Number Party Type Party Name Attorney Party Status 1  PLAINTIFF  PORTFOLIO RECOVERYASSOCIATES,LLC    First Paper Fee Paid  2  DEFENDANT  -----------------   Served 06/01/2014 

 

  05/04/2015 7:00 AM DEPT. -- CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT        11/04/2014 7:00 AM DEPT. -- CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT  VACATED      06/05/2014  PROOF OF PERSONAL SERVICE FILED ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 05/06/2014 OF PORTFOLIO RECOVERYASSOCIATES,LLC AS TO MARIA RAMOS WITH SERVICE DATE OF 06/01/14   Not Applicable  N/A    05/07/2014  PLACED ON CLERK'S TICKLER CALENDAR FOR 11/04/14, AT 7:00 IN DEPT. 34         05/07/2014  PLACED ON CLERK'S TICKLER CALENDAR FOR 5/04/15, AT 7:00 IN DEPT. 34         05/06/2014  CASE ENTRY COMPLETED  Not Applicable      05/06/2014  ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 05/06/2014 OF PORTFOLIO RECOVERYASSOCIATES,LLC FILED   Not Applicable  N/A    05/06/2014  COLOR OF FILE: GREY   Not Applicable      05/06/2014  DECLARATION OF PLAINTIFF FILED RE: REDUCED FILING FEE   Not Applicable  N/A    05/06/2014  COMPLAINT FILED; SUMMONS IS ISSUED   Not Applicable      05/06/2014  CASE HAS BEEN ASSIGNED TO DEPT. --    

 

PORTFOLIO RECOVERY VS ----------
MSL14-02160
Case Status: ACTIVE
 

Complaint Number   Filing Date   Complaint Type   Status   1 05/06/2014 CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) ACTIVE


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  - i FULLY ACKNOWLEDGE THAT THIS DEBT WAS MINE FROM CHEVRON

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. - I HAVE REQUESTED WRITTEN STATEMENTS BUT WAS - DENIED.

 

 

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?  - I HAVE 30 DAYS CALENDAR DAYS AFTER THIS SUMMONS & LEGAL PAPERS ARE SERVED ON "YOU" TO FILE A WRITTEN RESPONSE

 

The documents are as follows:  THE SUMMONS / COMPLAINT / CAUSE OF ACTION (COMMON COUNTS) / ANSWER-CONTRACT (PLD-C-010) / CASE MANAGEMENT STATEMENT (CM-110) / ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION (CV-659E) / CASE QUESTIONNAIRE FOR LIMITED CIVIL CASES (DISC-010)

 

 

COMPLAINTS:   x)  COMPLAINT

                          x) ACTION IS A LIMITED CIVIL

                               xDOES NOT EXCEED  $10,000

                         3A)x EACH PLAINTIFF (NAME):  PORTFOLIO RECOVERY ASSOCIATES, LLC

                               xOTHER (SPECIFY):  A LIMITED LIABILITY COMPANY QUALIFIED TO DO BUSINESS IN CALIFORNIA

 

                           7C) X A DEFENDENT LIVES HERE NOW.

                            8) FOLLOWING CAUSES OF ACTION:    x COMMON COUNTS

                          10.  PLAINTIFF PRAYS FOR JUDGMENT FOR COSTS OF SUIT; ..AND FOR  a)DAMAGES OF $2,598.06 AND

                                 x OTHER:  NOTICE TO THE DEFENDANTS(S): ALL NOTICES, LETTERS, PAYMENTS AND OTHER PAPERS

                                    ARE TO BE MAILED TO PLAINTIFF'S ATTORNEY AT THE ADDRESS LISTED IN THE CASE CAPTION

                                    UNLESS SUCH TIME, IF ANY, THAT YOU RECEIVE FORMAL WRITTEN NOTICE OF A CHANGE OR

                                    SUBSTITUTION OF ATTORNEY BY PLAINTIFF......SIGNED BY EMILY PIERCE

 

 

 

CAUSE OF ACTION:    xCOMPLAINT

                                       PORTFOLIO RECOVERY ASSOCIATES, LLC

                                       ALLEGES THAT "I" AND ALL OTHER DEFENDATS ANMED HEREIN INCLUDING DOES 1-25

 

                                       a.  x BECAME INDEBTED TO  (X) WITH IN THE LAST 4 YEARS

 

                                       

                                        x OTHER:  PLAINTIFF'S PREDECESSOR GE CAPITAL RETAIL BANK/CHEVRON & TEXACO ON AN

                                          ACCOUNT  ASSIGNED, TRANSFERRED AND/OR SOLD TO PLAINTIFF.  PLAINTIFF IS THE ASSIGNEE

                                           OF THE ACCOUNT.

 

                                         x BECAUSE AN ACCOUNT WAS STATED IN WRITING BY AND BETWEEN PLAINTIFF'S ASSIGNOR AND

                                            DEFENDANT IN WHICH IT WAS AGREED THAT DEFENDANT WAS INDEBTED TO PLAINTIFF'S

                                            ASSIGNOR.

 

                           

                                        CC-4 OTHER:  $2,598.06 WHICH IS THE FIXED AND AGREED AMOUNT DUE AND UNPAID

                                                  DESPITE PLAINTIFF AND ITS ASSIGNOR'S DEMAND FOR PAYMENT.  THE ACCOUNT WAS

                                                  PURCHASED FROM THE ORIGINAL CREDITOR GE CAPITAL RETAIL BANK / CHEVRON &

                                                  TEXACO.  PLAINTIFF IS THE ASSIGNEE 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. - A DECLRATION RE:  REDUCED FILING FEES.  2 PAGES THAT ARE NUMBERED ON THE SIDE.  IT SIMPLY STATES THE FOLLOWING:

 

              I:   I AM THE ATTORNEY LISCENSED TO PRACTICE BEFORE ALL COURTS IN CALIFORNIA

 

              2.  THE ABOVE TITLE ACTION AND ATTACH COMPLAINT IS A CLAIM FOR MONEY DAMAGES AND FALLS

                   WITHIN THE MONETARY JURISDICTION OF THE SMALL CLAIMS COURT.

 

              3.  PLAINTIFF IS AN ASSIGNEE OF THE DEBT/CLAIM FOR WHICH MONEY IS SOUGHT, AND THEREFORE

                   (PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 116.420) IS PROHIBITED FROM FILING IN

                   SMALL CLAIMS COURT.

 

                   FOR THE REASONS MENTIONED HEREIN, PLAINTIFF, THROUGH ITS COUNSEL OF RECORD, RESPECTULLY

                  REQUEST A REDUCTION IN COURT FILING FEES FOR THIS MATTER.

 

                   I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF CALIFORNIA THAT THE FOREGOING IS TRUE

                   AND CORRECT....SIGNED BY EMILY PIERCE

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - THERE ARE NONE ONLY THE DOCUMENTS THAT I MENTIONED ABOVE IN QUESTION

    ==================================================================================================

 

Like I have stated the debt is mine.  On October 2012, I suddenly got laid off from my job so knowing at least I will have some income still coming in.  Payment arrangement was made with PRA for 70.00 a month  in July 2013.  Then came September 2013 I received a notice from EDD that starting December 28, 2013, my claim will be cut off like so many will be.  I then panic to think how am I going to survive.  No income,  So I called PRA to state my situation  I spoke with a woman name Rosa and she told me "let me ask my supervisor" then she comes back and was DENIED.  She said we can accept $50.00 only so stupid I said ok.  Then came October my checking account was compromised so I had to close it , so obviously PRA could not withdrawl any more at the end of October. 

 

 

Well now April 2014 comes around and I got a call by PRA and I was in bed.  The time was like 10:30'ish.  I picked up my cell phone not checking who it was but assuming it was a friend.  I picked it up and it was a woman asking for me and I said yes speaking.  Then she told me if I was so and so, and I said yes.  She stated that she was from PRA and she told me if I had a debt with Chevron, yet this woman could not pronounce the name.  I said yes, then she asked how are you going to pay this?  You are aware you own this debt.  I then told her my situation and she said I'm sorry maam but we need a payment.  So AGAIN I reguested $25 per month until I am able to find a job and get back on my feet.  Her response - DENIED.  Then she asked me how am I paying for my things.  I told her I have my brother who is paying for rent and the main important like my car & utilities to keep my head above water until I find a job.  She then asked "Can your brother pay for this bill".   Grrrrrr I told her NO, but I told her "let me think about it" so I can get rid of her.  She then said ok when you do call back..I never did...until.....

 

 

Around 2-3 pm on Sunday, June 1, I received a summons. On Monday, June 2 around 10:30 am, I called PRA and they transfer to their Legal Department.  I spoke with a woman  and I told her I have tried to nogiate with them in the past.  I wanted to pay $25.00 a month she said o ok no problem with that.  I said WHAT!  Why was I denied by other 2...she REFUSED to answer that question.  Again I asked her why.  She said "I can't refuse your money".  So I said ok, however I want a WRITTEN STATEMENT.  Guess what she said.  "O I can't send you a statement.  She wants me to just mail a check with the account number on it and that's it.  I asked her won't I get a monthly bill and a written statement on this agreement, she said NO.  I asked for her name but she was hard to understand. 

 

 

Now going thru trying to find what documents I have regarding PRA I stumbled across 2 invoices which I have in hand now.  For both Chevron 

 

1 invoice dated June 5, 2012 from Pinnacle Collections for $2,858.06

1 invoice dated November 14, 2012 from Nationwide Credit, Inc. for $2,885.06

 

This tells me that PRA is not the original debt purchaser like it is stated on the sumons or whatever.

 

So that is my story.  Any opinions?  This is my first time being sued for anything and I'm nervous.   Does anyone know if a debt purchaser can return a debt back to the original creditor?  Any help would be greatly appreciated.   

 

Sorry if this is long  ::drowning::

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@Berfie

 

This thread appears to contain the same information as your other thread.  If that's the case, I'll delete the other one.  It's best to have one thread in order to keep all of your comments and any responses together.

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A bottom feeder may be able to return the debt back to the OC, it depends on what their purchase agreement is in the terms. It is rare that it happens.

 

I would answer the complaint with  a General Denial and then send discovery; request for production of documents. See ASTMedic's thread "how I beat midlands", it has the forms you need and an example of discovery. Also HomelessInCalifornia's thread and String's thread shows how they are beaten here regularly.

 

I would stop talking  to them on the phone, and when you have to; speak only to the lawyer.

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@Berfie

 

Nationwide Credit may merely be a debt collector, not a debt buyer.  Some JDBs hire debt collectors to do the collecting for them. 

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@Anon Amos

 

 

Regardless, post # 3 still applies.

 

I agree.  I was responding to Berfie's comment in his first post about Nationwide Credit.

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I would look into the arbitration strategy.   http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

 

 Check here: cardmemberagreements.org for an applicable agreement, or maybe you actually have one from the account?

 

Arbitration in JAMS would cost Portfolio much, much more than the  approx. $3k they are trying to collect.

 

Frankly, I see arbitration as the best, and possibly only, solution for you.  Reason:  you have made a lot of mistakes in dealing with this debt: paying them, not sending a DV letter, talking to them.  I'm not trying to be harsh, just realistic.  I'm sure you thought you were trying to do the right thing, but with JDBs, trying to be honorable with them is a mistake and will only lead to your ruin.  They won't be honorable with you, as you have seen.

 

From your story, you are in a very bad financial situation and are trying to survive.   Economic survival needs to be your priority, not enriching a bottom feeding company that paid pennies on the dollar for this debt, and that wants to make your financial situation even more desperate by suing you.  You need to be very aggressive against this JDB.  Consider them like you would a thief that would take your last morsel of food, because they will if you let them.

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If I choose arbitration (ADR) - what  happens if PRA Attorney does not show up for arbitration?

 

The goal in electing arbitration is that it is SO expensive that PRA doesn't pursue it at all and drops the whole thing.  It sometimes works.  However, before you can try this you need a copy of the card agreement to see if it is even an option.  Some of these toy cards (i.e. gas, department store etc.) do not have ARB as an option or removed it.

 

I agree that ARB may be your only option.  Unfortunately you entered into payment arrangements with PRA which acknowledged their standing to collect on the debt and will be admissible as evidence in the lawsuit.  This removes attacking their standing to sue as a first line defense.

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 Unfortunately you entered into payment arrangements with PRA which acknowledged their standing to collect on the debt and will be admissible as evidence in the lawsuit.  This removes attacking their standing to sue as a first line defense.

 

Entering into a payment arrangement (at best) shows an acknowledgement of the underline debt with the OC. How does this remove attacking PRA's standing to sue? Under what statute do you make this claim?

If a debtor later realizes the bottom feeder does not own the debt they are still legally responsible to pay? This is not correct.

 

In California standing can be challenged at anytime.

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Now I wonder if I can fight the amountI meaning  right now it is in approx. 2500.  Because they denied me to pay 25.00 per months, many months ago, the amount would have been much lower now.  Can I bring that up?

 

Also can I bring up the fact they refuse to send me any agreement or any future monthly bill statement as I requested.  In the past payment I was sent an agreement and a monthly notice that a certain amount would be deducted from my checking from previous payments.  Now I have been told NO, no statement nor billing notification will be sent.  I was simply to write out a check with the account number on it and mailed it in at the end of every month.  If I want the balance just call them.  I did notice on the complaint or summons or whatever the account number is not mentioned, is that normal?

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Entering into a payment arrangement (at best) shows an acknowledgement of the underline debt with the OC. How does this remove attacking PRA's standing to sue? Under what statute do you make this claim?

If a debtor later realizes the bottom feeder does not own the debt they are still legally responsible to pay? This is not correct.

 

In California standing can be challenged at anytime.

 

The debt had already been sold when the payments were made to PRA.  They will argue that by paying PRA the defendant acknowledged them as the legal owner of the debt and therefore they have legal standing to sue.  It will be an easy argument too.  The OP would have been better off not making any payments at all.  They have also already acknowledged this is their debt.

 

Now I wonder if I can fight the amountI meaning  right now it is in approx. 2500.  Because they denied me to pay 25.00 per months, many months ago, the amount would have been much lower now.  Can I bring that up?

 

Also can I bring up the fact they refuse to send me any agreement or any future monthly bill statement as I requested.  In the past payment I was sent an agreement and a monthly notice that a certain amount would be deducted from my checking from previous payments.  Now I have been told NO, no statement nor billing notification will be sent.  I was simply to write out a check with the account number on it and mailed it in at the end of every month.  If I want the balance just call them.  I did notice on the complaint or summons or whatever the account number is not mentioned, is that normal?

 

You can bring it up but it won't help.  What "would have been" isn't relevant only what is accurate at the time of trial as to the balance.  Nothing in the law requires they enter into a payment arrangement or accept an amount that low to mitigate their damages before filing a suit.

 

The account number does not need to be referenced in the complaint though many plaintiff's do.  While you can ask for billing statements they are not required to provide those either.  That would have actually hurt you in this suit had they done so.

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Part of their allegations in the complaint are that plaintiff purchased the debt from the OC and was assigned the right to sue on it.

 

She has an opportunity to answer the complaint and deny these allegations. So she most certainly can attack their standing to sue. She admitted the debt to the OC, she never admitted they bought it or were assigned to it. In fact she questioned that and asked for proof.

 

Regardless, they have just made a fresh allegation to this assignment claim from the OC in their complaint; and the OP has less than 30 days to deny this allegation in her answer. She does have an opportunity to attack their standing and let a JUDGE decide.

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The debt had already been sold when the payments were made to PRA.

 

Of course it had been. It would have been very hard to make those payments to them had it not been previously sold.  

 

 They will argue that by paying PRA the defendant acknowledged them as the legal owner of the debt and therefore they have legal standing to sue.

 

 

Yes. I would think that that would be their argument.

 

 It will be an easy argument too.

NO it will not be. It COULD have been, however. Since payments were made to PRA they would have an account stated action between the defendant and PRA.  However, they stated in the complaint that the account stated was between the DEFENDANT AND THE ORIGINAL CREDITOR and that PRA purchased and was assigned the rights to collect on it. This opens up that allegation to dispute (since it is in a fresh complaint); their alleged assignment can now be denied allowing it to be weighed by a trier of fact (other than yourself). 

 

 

The OP would have been better off not making any payments at all.  

True. The OP would also be better off if they never sued her in the first place, or if she won the lottery. That does not mean  that one mistake should be followed by another, or that the OP should incorporate your "roll over" method, just give up and not defend herself.

 

They have also already acknowledged this is their debt.

So what. Actually, the OP acknowledge the debt with the OC (she questioned PRA's right to it and asked for verification) The judge may find that refreshing, the fact that someone is actually not lying about the underlying debt in the first place. Assuming the OP will not be mislead by YOU; she will be attacking PRA's claim to the assignment, and their purchase of the debt, their legal standing to sue on in the first place. She can initiate discovery, and also force them to need a live witness from the OC as well as PRA. Even if PRA could win the case; there is a VERY strong chance they will not be willing to go through with all of the above to do so, they may just move on to lower hanging fruit.

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Is there a difference between WRITE OFF and CHARGE OFF?  are they the same?

 

They are the same thing.  They are both accounting terms that signify an amount of money to a debtor/customer is no longer an accounts receivable but is now written off or charged off to bad debt as no longer an asset.

 

It is the last action a creditor takes on the account typically right before they sell the debt to a junk debt buyer.

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Is there a difference between WRITE OFF and CHARGE OFF?  are they the same?

Which one fits your case? Regardless, for the sake of argument, I would consider them both the same. Also, It will most likely be irrelevant to your case, and not something you can work with. In order to win you will have to attack the critical elements of your case and not allow yourself to be mislead (which can be hard to do when you are in the learning process).

 

If it were mine I would answer the complaint and fight the case in a court of law. I personally would want no part of arbitration, and can't see that as your only option.

 

Just my opinion.

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Ok another silly question.  With Pinnacle, the invoice states on the form that GE Capital Retail / Chevron has been designated to them.  I assume this is the same as assigned - correct?  So I assume Pinnacle may have returned the debt back to the OC to have Nationwide later state it was "referred" to them only to be returned back to OC where PRA purchase the debt.

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@Berfie

 

The plaintiff is going to have to provide a bill of sale from the OC.  It should indicate to which company the OC sold accounts.  If it sold accounts to PRA, then Pinnacle may have been just a CA collecting for the OC.

 

If it indicates that accounts were sold to Pinnacle, then PRA will have to also have a bill of sale from Pinnacle.  I would also make the argument that the OC did not assign any accounts to PRA as alleged in the complaint.

 

You just have to wait and see what PRA provides.

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So then it sounds like a very beatable case, with an assignment that is going to be hard for them to prove; and that your case is not nearly as hopeless as only a select few  would lead you to believe.

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Ok not sure if I filled it right but here is what I put:

 

ANSWER-CONTRACT:

 

- To Complaint

- Cross-Complaint (not sure but I check this box)

 

 

1.  This pleading , including attachments and exhibits, consist of the following number of pages:  ?

 

2.  DEFENDANT:  "My name"

 

3.  Check only 1 box:

     - Defendant generally denies each statement complaint or cross-complaint(Do not check this box if the verified complaint or cross-complaint demand $1,000 or

       less)

    - Defendant admits that all of the statements are true EXCEPT: (I check this one)

 

      1 ) Admit:  Defendant lives in the jurisdiction of the serving court

      2) Denied:  That plaintiff  purchase debt from GE Capital Retail Bank/ Chevron.

      3) Admit/Denied:  Damages of $2598.06

 

 

 

4.  AFFIRMATIVE DEFENSES - Defendant alleges the following reasons that the plaintiff is not entitled to recover anything:

 

     a.   Plaintiff must prove with a Bill of Sale that the debt was either transferred/ sold/ assign to them directly by creditor GE Retail Bank / Chevron

     b.  2 Requests to pay 25.00 a month = BOTH DENIED.   In October and April 2014.

     c.  Arrangement was made on June 2, after receiving summons.  Plaintiff finally agree 25.00, however Defendant request for a written agreement and

         monthly statement was = DENIED.

 

 

6.  Defendant prays:

     a:  the plaintiff takes nothing

     b:  for cost of suit (checked this box)

     c:  Other (specify)

 

        - Other:  Reduction on damages  (is that ok)

 

 

Ok not sure but that is how I answered.  Any thoughts?  Redo?  lol 

     -

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Ok not sure if I filled it right but here is what I put:

 

ANSWER-CONTRACT:

 

- To Complaint

- Cross-Complaint (not sure but I check this box)

 

Check the complaint box instead,

 

 

1.  This pleading , including attachments and exhibits, consist of the following number of pages:  ?

You would list the number of pages your answer is when it 's completed. 1 0r 2 pages

 

2.  DEFENDANT:  "My name"

 

3.  Check only 1 box:

     - Defendant generally denies each statement complaint or cross-complaint(Do not check this box if the verified complaint or cross-complaint demand $1,000 or

       less)

    - Defendant admits that all of the statements are true EXCEPT: (I check this one)

Check again and make sure there are no more statements that are false. See how many days you have left to answer, You don't need to answer early and can use the time against them by learning.

 

      1 ) Admit:  Defendant lives in the jurisdiction of the serving court

. If you admit something you don't need to list it. So make sure you do not miss anything you deny.

      2) Denied:  That plaintiff  purchase debt from GE Capital Retail Bank/ Chevron.

NICE. Don't let anyone mislead you otherwise. You have no idea who purchased this debt and plaintiff refused to validate (whether they had to or not) this gives you no reason to find them credible or trustworthy.

      3) Admit/Denied:  Damages of $2598.06

DENY the damages. Plaintiff Is not the damaged party. They purchased a debt they knew was defaulted in hopes of profiting from it. If plaintiff truly was damaged then it caused its own damage by failure to mitigate its own damages by purchasing distressed debt. (You only need to put DENY down, not the rest of that).

 

 

 

4.  AFFIRMATIVE DEFENSES - Defendant alleges the following reasons that the plaintiff is not entitled to recover anything:

 

     a.   Plaintiff must prove with a Bill of Sale that the debt was either transferred/ sold/ assign to them directly by creditor GE Retail Bank / Chevron

     b.  2 Requests to pay 25.00 a month = BOTH DENIED.   In October and April 2014.

     c.  Arrangement was made on June 2, after receiving summons.  Plaintiff finally agree 25.00, however Defendant request for a written agreement and

         monthly statement was = DENIED.

Get rid of all of those. Those are not affirmative defenses. IF you have made payments to the plaintiff then you can list "unjust enrichment" but I think you will be better off not listing it. I would not mention making any payments but rather address the issue when it comes up.

You really don't need to list "lack of standing" as an affirmative defense, but most people do, and I think maybe in your case you may as well list it.

 

 

6.  Defendant prays:

     a:  the plaintiff takes nothing

     b:  for cost of suit (checked this box)

     c:  Other (specify)

 

        - Other:  Reduction on damages  (is that ok)

NO.  Put "C" other: That plaintiff takes nothing for cost of suit and any and all other expenses.

 

 

Ok not sure but that is how I answered.  Any thoughts?  Redo?  lol R-

REDO with the above suggestions.

 

CHECK SEVERAL times to make sure there is nothing else in the complaint that needs to be denied. look at all the numbered paragraphs. Make sure you have not missed anything that needs to be denied. You list the number of the paragraph (under other) that is no true.

 

Let us know what you come up with.

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ANSWER-CONTRACT:

 

- To Complaint  (Box Checked)

- Cross-Complaint

 

1.  This pleading , including attachments and exhibits, consist of the following number of pages:  2

 

2.  DEFENDANT:  "My name"

 

 

3.  Check only 1 box:

     - Defendant generally denies each statement complaint or cross-complaint(Do not check this box if the verified complaint or cross-complaint demand $1,000 or

       less)

    - Defendant admits that all of the statements are true EXCEPT: (I check this one)

           - Denied:  That plaintiff  purchase debt from GE Capital Retail Bank/ Chevron.
            -Denied:  Damages of $2598.06     

 

 

4.  AFFIRMATIVE DEFENSES - Defendant alleges the following reasons that the plaintiff is not entitled to recover anything:

      Due to Lack of Standing

 

 

6.  Defendant prays:

     a:  the plaintiff takes nothing

     b:  for cost of suit

     c:  Other (specify)  (I check this box)

 

        - c:  That plaintiff takes nothing for cost of suit and any and all other expenses.

 

 

 

 

ok how is that?  I have another question  on question #1 This pleading , including attachments and exhibits.  Does this mean when I go to court to file my answer I need to attach any exhibits.  Does this inclue the 2 different invoices from the other 2 CA?  Also do I include past billing statements that indicated I paid?  My fear is that PRA could submit I made payments.  Opinions?

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Does this include the 2 different invoices from the other 2 CA?  Also do I include past billing statements that indicated I paid?  My fear is that PRA could submit I made payments.  Opinions?

 

I would NOT include any invoices, statements, proof of payments, etc.  If you include them, you are doing PRA's work for them.  They probably will state that you made payments, and yes, that will hurt you, which is why I recommend the arbitration strategy. 

 

If you are going the court route, rather than arb, you need to develop an aggressive attitude.  Do not admit that it's your debt.  It's an alleged debt.  Don't mention the payments, and the attempt to pay them $25/month, and their refusal to put anything in writing.   If you think you may have them on some violation of FDCPA or California's Rosenthal Act, contact a consumer lawyer: www.naca.net

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Another silly queston.  Does the Stature of Limitation start on the Date of the Charge Off or the Date when the Account Closed?

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