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skitzocarp

Sued by Portfolio Recovery

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I have been sued by Portfolio Recovery

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.)

 LAW OFFICES OF HOWARD LEE SCHIFF, PC

3. How much are you being sued for? OVER $10,000

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

5. How do you know you are being sued? (You were served, right?) DEPUTY SHERIFF SERVED THE SUMMONS

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

7. Was the service legal as required by your state? I ASSUME YES

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? RANDOM CALLS AND LETTERS FROM PORTFOLIO, I NEVER ANSWERED OR RESPONDED.

9. What state and county do you live in? VERMONT, CHITTENDEN COUNTY

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
NOT SURE, I GUESS EARLY 2012

11. What is the SOL on the debt? To find out: 

Statute of Limitations on Debts 4 YRS

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). SUIT SERVED, NO CASE NUMBER AS OF 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? 10 DAYS

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  AFFIDAVIT, BILL OF SALE AND ASSIGNMENT OF LOAN, AFFIDAVIT OF SALE OF ACCOUNTS BY OC, CERTIFICATE OF CONFORMITY FOR NOTARY, STATEMENT FROM OC

 

ONE OTHER ATTACHMENT WHICH I FIND INTERESTING, THEY ALSO ATTACHED A STATEMENT FROM THE OC OF A TOTALLY DIFFERENT PERSON, NOT MYSELF.

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@skitzocarp

 

 

AFFIDAVIT, BILL OF SALE AND ASSIGNMENT OF LOAN, AFFIDAVIT OF SALE OF ACCOUNTS BY OC, CERTIFICATE OF CONFORMITY FOR NOTARY, STATEMENT FROM OC

 

ONE OTHER ATTACHMENT WHICH I FIND INTERESTING, THEY ALSO ATTACHED A STATEMENT FROM THE OC OF A TOTALLY DIFFERENT PERSON, NOT MYSELF.

 

 

You mentioned "statement from the OC" twice (highlighted in red by me).   Was that the same statement?   I assume that you mean a billing/credit card statement?

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