Berfie

Being Sued By Portfolio Recovery

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If you want to have a lawyer handle this for you, be sure to find yourself a consumer lawyer, who will know how to handle these cases. naca.net is a good place to look.

 

It's pretty typical to show up at court and find a contract lawyer (rent-a-lawyer) handling multiple cases for JDBs. PRA, and the other JDBs, are not what you would think a typical law firm is: giving each case the personal touch. Nope, they are mass-production/assembly-line businesses & their actual employed lawyers are probably too busy rubber stamping & cutting and pasting various docs for all the cases they are trying to keep up with, which they are filing all up and down the state. Much cheaper & easier to hire contract lawyers that hang out at the courthouse all day to handle the CMCs & the occasional cases that go to trial. Remember that.

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Most cases are won or lost before trial.  There is alot you can still do and things to file to get rid of so-called evidence. And I sat in many days at court to watch cases and saw the same rented atty represent many different junk debt buyers.

 

You have alot of time before trial to study up and can do this for yourself if you want to. Write everything down and practice saying it. Find out what the rules of evidence in your state are.   There are alot of people here from your state to help!!!!!!!

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Wow we are now into the New Year and today the Plantiff PRA sent me documents today.  Tomorrow I will have to contact my representative to let her know I got documents from them.    The first page is a Witness Personal Testimony stating that he or she serve as a Custodian of Records and perform the following job functions, oversee and monitor accounts involved in litigation and maintaining the books and records of same.    Part of job responsibilities is the custody of the records pertaining to me (Plantiff). 

 

Exhibit A:  Is the credit card agreement

Exhibit B:  The Bill of Sale -  In the declaration it states the terms of sale contain confidential and proprietary information.  Because of that it is not attached.  A   copy of the Bill of Sale which does not have my account number nor my name but it has 6 signatures from 6 different companies its subsidiaries and such.  One  from GE Capital Retail Bank, Monogram Credit Services, General Electric Capital Corp., GEMB Lending, RFS Holding, and GEM Holding.

Then there is the Affidavit of Sales states that this person is an Affidavit Documentation Specialist at Synchrony Bank formerly known as GE Capital Retail Bank.    That Affidavit has my name  and the account is number is blacken except for the last 4 digit.

 

 

Now through out the declaration is states that PRA was assigned but the Affidavit states it was sold.  Is there a difference?   Also the charge off (bad debt) as stated in this person's declaration occured in May 2012.  On March 2013, PRA was assigned their rights, title and interest to the account.   So what happen to the account between May 2012 - March 2013 (PRA came into the picture)?

 

 

 

Exhibit C:  A billing statement

Exhibit D:  A "Notification of Intention to Incur Court costs by Filing Suit" letter to me.  (I guess they forgot to include the first letter -" my account went to the ligitation department.

 

I wish I could have scanned the document I don't have a scanner and I do not have money to scan it up.

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The "AFFIDDAVIT OF SALE" document was notorized in the state of Minnesota in the county of Ramsey

That's not going to matter. Affidavits are inadmissible at trial. CA evidence code 1200. The case to cite is Elkins v Superior Court. There's a lot v of other case law on this as well. Remind me when the time comes to motion to strike the affidavit.

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I guess it is the same Anon.  It says "DECLARATION IN LIEU OF PERSONAL TESTIMONY PERSUANT TO CCP98

That's it. You will need to file an objection to it and you also have to subpoena the declarant. They should have given you an address within 150 miles of your court where the witness says they will be 20 days prior and until trial.

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@ Anon, no address is shown of the "Affadavit Doc. Specialist.  This is what is says:

 

 

BEFORE ME, on the day and date set forth below, the undersigned Notary, being qualified and commissioned in and for the county and state aforesaid, personally came and appeared "Affadavit Doc. Specialist Name", who being duly sworn, did depose and say:

 

Affant is an Affidavit Documentation Specialist at Synchrony Bank formerly known as GE Capital Retail Bank, issure of the relevant consumer transaction/credit card.  I have reviewed the information below regarding the debt (Account Number blacken except 4 last digits) - the "Account" made by (My name) - "Debtor" made payable to Synchrony Bank and subsequently sold to PRA.

 

The amount owed on the account on 3/2013 is $______ was sold to PRA and is reflected in the system of Synchrony Bank formerly known as GE Capital Retail Bank.

 

The following statement pertains if the debtor reference above is a state of California resident:  I certify under the penalty of perjury under the laws of the state of California that the foregoing is true and correct.

 

Executed in September, 2014

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You're going to have to read closely and a few times, a lot of people miss it.

Some of this looks like what the notary says, not the declarant. Make sure you are reading the ccp 98 declaration. He should say in the testimony that he knows this to be true and will testify in court if called. Then it should say he is available for service 20 days prior to trial at an address. It might say he can be served at the lawyers office.

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if you cant find it you can post a redacted version and we'll help you find it.

Since you have no scanner you could redact personal info and have Kinkos or Office Depot scan it to a flash drive or cd and then post it.

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of you can attempt to type the affidavit here. as you type it, the address to send the subpoena will become obvious.

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Ok folks, for me this is great news.  I just got word from my representative that she spoke with PRA and that they will dismiss the case.  I will be sent a form to sign stating that I will not be suing them in the future nor are they to go after me in the future.  My representative told them I have no income and I'm on Medical and food stamps and there is no way I would be able to pay them if they won.  So they decided to DISMISS.  I thanked my representative and now that heavy burden has been lifted off my shoulder.  I wonder if those documents from 2 different CA (before PRA) played a role in this?

 

Now I'm not sure whether to feel  ::travolta::::celebrate::     :yahoo:                      OR             :hmmmmm::<img src=:'>  be cautious about this

 

I am not to concern about my credit report since I have 3 credit card charged off and 2 medical bills in collections all becuase I have been unemployed for 2 years.  I too wonder if PRA have been checking on my report and realize I'm not paying my bills.

 

 

Ok I need a ::drinky::

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if im not mistaken homelssincalifornia was collection proof but the JDB still went all the way to trial on his case. be cautious of what they send you to sing. if they are to dismiss the case, im not sure what they would be sending you to sign.

 

keep checking the docket to make sure it is truly dismissed.

 

congratulations if they do in fact dismiss!!!!!

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@ Anon Amos

 

Yes but in return it will state that they will NOT sue me in the future also nor will they are to NEVER to contact me neither.

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@ Anon -

 

Also the SOL will begin October 2015 which will make it 4 years.  I didn't ask my representative what made them to dismiss the case but my representative spoke with PRA lawyer.   Perhaps it was a combination of all the things:  Submitting 2 previous CA invoices prior to PRA; Having no income; Being on assistance like Medical, etc., Having made a few payments; also perhaps my rep notice something on the BOS and the Affadavit of Sale, or perhaps there was a violation of some sort that made them to backoff and probably decided it was not worth the money to go after me.  Who knows.  I"m just relief.  However, I will read the contract carefully before I sign it.

 

Something dawned on me, could they sell off the account to another CA?

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Not if you make that part of the stipulation agreement. Then if they do, you could sue them. Or if it is with prejudice, then if sued, you would have a valid defense

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