mset83

Portfolio Recovery suing me in CA

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I am preparing my case against Portfolio Recovery. Can I send a bill of particulars if it doesnt state account stated? And if so what do I put instead of account stated on the BOP. Thanks in advance

 

 

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? Hunt & Henriques, Attorney at Law Michael S. Hunt, Janalie Henriques, Donald Sherrill

3. How much are you being sued for? 3,418


4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (Sears I believe)


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


6. How were you served? (Mail, In person, Notice on door) Sub service, my dad received the summons, etc

7. Was the service legal as required by your state? Yes

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? Los Angeles, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Around November 2012

11. What is the SOL on the debt? To find out: 3 years I believe in CA

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). POS filed

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? 40 days


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all

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I just noticed in the Complaint it has an attachment which states Cause of Action Common Counts. Is that what I should put instead of Account Stated?

 

Also can I answer with a General Denial form?

 

Thank you.

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You can use the General Denial so long as the complaint is not verified. I believe verification was discussed in your other thread, you know what you'd be looking for to determine that?

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I believe a statement from an attorney correct? Stating they have knowledge of the case under penalty of perjury? If so there is no such thing in this new case against me. This packet seems to have just been stamped by an attorney on all signature lines for filing. Lazy bums. Unfortunately for me this is just the beginning of the lawsuits to come.   XhairX

 

I greatly appreciate the help on these forums though.

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Looks like unverified, general denial is good.

 

You never know, I was sued in 2013 on my first card that was to hit the SOL - fought it & it was dismissed. A year later the SOLs approached on my other cards cards that I defaulted on (at least 5), a couple of them for a bit more money than the 2013 suit. Nothing. They all went past the SOL without a peep, just a few collection letters, but no suits.

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Oh geez I hope so!   The less of these I have to fight the better my stress levels will be lol

 

Again thanks so much for your help.

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All of my SOLs passed quietly as well. Any contact from new collection agency, send a good DV letter mentioning fdcpa suits and requesting proof. I sent a few of these and both of the collection agencies almost immediately sold the account. One of them actually sent me a letter apologizing and "forgiving" the debt, basically begging me not to advance fdcpa suit.

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