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Getting sued for the first time by Portfolio Recovery Associates LLC. HELP!!


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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.)

Rausch, Sturm, Israel, Enerson & Hornik llc.

 

3. How much are you being sued for?

under $7k, not 100% as have not received summons yet.

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

I believe chase.

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

NOT SERVED YET!  I received handful letters from bankruptcy firms claiming they can help.

6. How were you served? (Mail, In person, Notice on door)
NOT SERVED.
7. Was the service legal as required by your state? 

It could be served in person or via certified mail

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?

..

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

To the original creditor, 2009

To the CA, 2012(I had credit advisor company handle my debt, made small payments for about a year.)
11. What is the SOL on the debt? 

 5 yrs, can not confirm.

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).
searched on line, shows suit was filed middle of July.

Summons was issued about 2 weeks ago AND I HAVE NOT BEEN SERVED YET.

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? 

Probably another 30 days or so, assuming summons wasn't delivered to my old address.

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

NA, will update as soon as I get summons.

 

 

I know it's really vague picture right now as I have not been served.

But I wanted to ask few questions since it's my first time.

 

First, why are they suing someone who doesn't have any income or assets?

I have no car, real estate, clothing, shoes furniture added up to probably less than $1500.

Can they come after family members? like parents?

 

It's been around 2 weeks since summons is issued and yet, I have not been served.

I'm concerned because they might have sent it to my old address so I don't show up and win by default.

 

Sorry guys, I'm in a hurry so some of it might not make any sense but

I'm terrified since it's my first time.  Any thoughtful words would be appreciated!

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I have no car, real estate, clothing, shoes furniture added up to probably less than $1500.

Can they come after family members? like parents?

No they cannot come after anyone but who is listed on the suit.

They don't care if you have no money, they will try and get a judgement that is good for 5-10 years, can be renewed, and let the interest pile up. If you ever get a job or come into some money, they will try and get it then unless you stop them first.

It's been around 2 weeks since summons is issued and yet, I have not been served.

I'm concerned because they might have sent it to my old address so I don't show up and win by default.

Can you look up court online? If so, check it frequently to see when they file their due diligence, or when they served you.

If you can't look it up online, you can check with the court directly on like a weekly basis you you won't miss your answer window.

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Like Shellie said, check your local court online or in person. Also check where you may have lived since you had the account. They may attempt sewer service on you by suing you in your last know location. If that hasn't happened, then keep up weekly with those courts to see if it shows up. Once you are served you will have at least 20 days +/- depending on your court and state requirements. You MUST answer that summons using general denials, then the real work begins. If you are willing to fight get on here and read, read, and research until you understand the process. You can win with any luck and our help.

 

They will try to use fear and intimidation to make you pay for something that they paid pennies on the dollar for. DONOT give them a dime or you will reset or extend the SOL. Then they will really have you. Your looking for FDCPA violations and they are known to make a lot of them. Stay off the phone with them, use on written communication via USPS CMRRR. Start a file now on them or any others and save that file for years. For this amount they will try to get you into court. Your best bet is to try and locate a NACCA attorney to help you out. The more FDCPA violations you get on them the better chance of getting an attorney to help you. Go sit in on your local court a few times, learn how things work there so that you will be more comfortable in a court situation with or without an attorney.

 

Make sure you always show up at any scheduled court date, even if they tell you that you don't have to. That's when they slip in the back door so to speak and get a default on you. SO, make sure that you appear in court every time once you have to appear. By getting a NACCA attorney, it shouldn't cost you anything to fight it. Welcome to the board and good luck.

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First, why are they suing someone who doesn't have any income or assets?

I have no car, real estate, clothing, shoes furniture added up to probably less than $1500.

Can they come after family members? like parents?

 

PRA doesn't care WHO they sue.  You may not have assets now but many states have an SOL on collecting judgments as long as 20 years and they can be renewed indefinitely.  This gives them the power to tack on post judgment interest and when your financial situation improves:  seize assets.

 

Unless your family co-signed on the credit and are equally responsible they cannot come after them.  HOWEVER, if you share joint accounts with any family members they can seize money in any account that has your name attached to it.  So now would be a good time to remove your name from joint accounts.

 

It's been around 2 weeks since summons is issued and yet, I have not been served.

I'm concerned because they might have sent it to my old address so I don't show up and win by default.

 

Keep an eye on the court docket.  You can also check and see what address they listed on the case.  That will tell you where they will attempt service.  Sometimes it takes a month or two to get service done but the BK attorneys are faster than the process servers.

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Thank you so much guys!

more questions,

 

1. when I searched online, it showed in the county court of xxxxx.

Is that where my case is going to be handled?

How can I find out if it's a small claim?  The amount is unknown since I have not been served yet.

 

2. What's my best option here?  wait until I get served?

Keep searching court dates to see my case is up?

 

3. Finally, I owe roughly $12-15k all together.

Should I consider filing BK?

 

Thanks again guys!

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That is something you will have to decide for yourself. If you are younger than 25-30, you have a lot of years ahead of you. You could either decide to fight them or do a BK 7. Yes, the stigma of a BK is not as bad as it was when I did forty years ago, and yes, it will stay on your CR for ten years. If your not in a job market that calls for a squeaky clean credit history, and you don't see yourself having a lot of money for the next few years. Then it might be better to go the BK route;

 

After two years or so, you will notice that your credit is improving and your scores are going up as long as you pay on time. If you have one or two credit cards that are current and never in arrears, I would keep them to help rebuild your credit. Get them paid off and keep them that way so you can rebuild your credit history.  I would need to know a bit more background on you before I could really advise you. But, in the end it would only be advise and you will have to make the final decision. Based on what I know so far, I would lean towards the BK with caution.

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Thank you so much guys!

more questions,

 

1. when I searched online, it showed in the county court of xxxxx.

Is that where my case is going to be handled?

How can I find out if it's a small claim?  The amount is unknown since I have not been served yet.

 

2. What's my best option here?  wait until I get served?

Keep searching court dates to see my case is up?

 

3. Finally, I owe roughly $12-15k all together.

Should I consider filing BK?

 

Thanks again guys!

 

1.  Yes, the trial would be in the court for that county.  The Texas Small Claims limit is $10,000 and a Plaintiff cannot file there at a lesser amount to avoid District Court.  If you owe them more than the limit then the case will not be in small claims court which raises the stakes considerably.  

 

2.  The court cannot set a trial date until you are served.  I would be speaking to a consumer attorney and a BK attorney about my options on a lawsuit for that much money.

 

3.  If your debts are that over whelming I certainly would discuss it with a couple of BK attorneys.

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Thank you!

 

More information about my situation.

Made some bad choices few years back and it's hunting me down now.

Total debt is approximately $12-15k max.

no income or no real assets as of now, won't have a real job any time soon since

I just went back to school and perusing ba.(which will be another 3-4 years.)

 

I"m not afraid of getting a judgement as worst case scenario, I can file chap. 7 later.

I'm more worried about court process as I don't really have time to fight for this.

I'm currently helping out friend's business and pretty much tied from Monday-Saturday 10-10.

 

I don't plan on no-show at court but it could happen and I don't want to get legally trouble.

(warrant being issued for no show and getting arrested etc.)

 

That's why I was thinking to hire a bk attorney to solve this before it gets any worse.

If anyone have idea what it will cost me, please let me know, filing for chap. 7 here is around $300.

 

And I couldn't find the answer when searching,

when figuring out SOL, do you count making payments through 3rd party to CA?

I had credit advising firm that handled my dept for about an year and I believe the payment

went to CA, not the original creditor.  Does that renew my SOL?

 

Thanks.

 

update: just ran credit report,

under collections it shows,

 

Portfolio Recovery $8xx and original creditor was HSBC bank.

Would this be the company suing me?

FOR $800 dollars?

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You won't be arrested if you don't show.  The worst thing that will happen is they get a default judgment.  

 

Most BK attorneys will do a first consult for free.  You should sit down and discuss all your options with them before making a decision.

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Ok, thank you guys.  I feel so much better now with you guys help.

Little update,

It seems it was my old Bestbuy card that they are suing me for.

The last activity on that account,(according to my credit report was back n 8/2009)

Now like I said before, after it was sold to JDB, I had a third party(credit advising firm that helps out people making payments)

make payments on them.

Now does that renew my SOL?

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I had several links to post for you, but all of a sudden we are not able to post links on here. So, can't do a cut and paste. A BK 7 should cost you on average about $1,300.00 in Iowa as I mentioned in my PM to you. Should take about 6 months from start to finish. Do a google on BK 7 cost in Iowa, you will come up with a lot of stuff.

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http://www.nationallist.com/image/cache/White_Paper_Iowa_Debt_It is important that creditors have all the necessary documentation when trying to recover a claim in court. 

When dealing specifically with credit card debt, courts in Iowa require specific documentation as stated in 
the case of Capital One Bank (USA), N.A. v. Denboer, 791 N.W.2d 264 (Iowa App. 2010). This case 
requires that the lender or creditor provide a copy of the account agreement, a “charge-off” statement,
and an affidavit signed by a representative of the lender. A “charge-off” statement is an account billing 
statement that shows the total amount owed on the statement and is representative of the sum total due 
on the account. 
In general, it is important for creditors and debt purchasers to provide documentation that accurately 
reflects the amount owed, as well as to provide a paper trail showing the account has been assigned/sold 
to a third party. This documentation should include any billing or account statements, including the billing 
statement reflecting the total amount owed, any written agreement between the parties, and an affidavit 
from the creditor that confirms the amount that is due and owing from the consumer. Providing a written 
agreement can be especially important, due to Iowa’s different statute of limitations concerning written and oral contracts—ten years for written, and five for oral. See Iowa Code Chapter 614. If the debt has 
been purchased or assigned, the purchaser will need documentation, such as an assignment or bill of 
sale, reflecting the transaction and their ability to now collect on the outstanding account obligation as 
holder of the account.

 

@TomnTex  we can post links now.

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