rla701

Portfolio Recovery in Florida

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I have been dealing with Portfolio for almost two years with a court case that they filed.  So far I have answered the Plaintiff's complaint and have pretty much not rocked any boats as per an attorney that helped with the complaint advised to do.  I have just found that a notice of hearing was set the first of this month for the later of July.

Is there anything that I can do to make Portfolio go away at this point?

 

The documents that they have filed and sent to me are Motion for Summary Judgment, Bill of Sale and Assignment of Loans from the bank for the credit card (it does not show my name or card number only the date it was sold to Portfolio), Affidavit of Sale and Certification of Debt from the credit card company (which does show my information), a generic print out of information on the account, Affidavit from Portfolio stating they are familiar with the credit card companies books and records (I think not), Statement of Account from Portfolio, Copies of statements from the bank that the credit card was issued from and Alias summons.

 

Suggestions are greatly appreciated as I apparently have a court date soon and need to figure this out.  My problem also is that I am not working, this is a debt from a previous marriage that I have been saddled with in my divorce (anything to get out of it alive) so paying it really is not my best option and since I know they did not buy it for the full amount, that really is the stinker.  They even gave me such wonderful advise to have my family pay it for me!

 

Thanks for the help.

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Search the board for Motion for Summary Judgment in Florida. Basically if what they think are undisputed facts are in dispute as shown in your opposition to their MSJ, they won't win on the MSJ.

 

You could attach the documents you have with personal information redacted and the helpful posters here will most likely find flaws that will cause problems with the Plaintiff showing they have standing. One gotcha in Florida is a notice is supposed to be sent to the defendant. Pursuant to §559.715, the assignee must give the debtor written notice of the assignment at least 30 days prior to filing suit.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0559/Sections/0559.715.html

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Make it easy on your self.

 

Go to the library or a local bookstore and purchase:

 

Defending a Lawsuit by a Junk Dept Buyer (Debt Collection Agency)

 

How a Florida Mom Beat Asset Acceptance, LLC

 

By Sheila R Munoz

 

It's got all the forms and all the instructions, actual filed examples, case law and everything you will need to beat PRA in Florida. I think a purchased a copy for less then $15.00 including freight to Oregon. 

 

Best,

 

Huey

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Thanks for the leads and info CCRP626 and Huey Pilot.  I will be digging into both of them.

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First of all, if you haven't already, file a Notice to Post Non-Resident Cost Bond.  There may a sample on this site somewhere.  What I'm finding is that the JDBs are filing so many lawsuits right now that they are having a hard time keeping up with all of the suits and doing this puts them on notice that after 20 days, you can file a motion to dismiss for not filing their non-resident cost bond.  Before, they generally would always file their cost bond if you called them on it, but now some are slipping through the cracks.

 

As for the Summary Judgment motion, I don't know if you included any affirmative defenses in your answer or not.  I think it's extremely important to always include affirmative defenses because then they can't file a motion for summary judgment until they respond to those affirmative defenses.  If you didn't include affirmative defenses, you can check to see if you can file an amended answer to include them, or file a motion in opposition to their summary judgment.  You need to show that there are material facts in dispute, which is generally a fairly easy burden to meet.  If you haven't filed any discovery (requests to produce, interrogatories or requests for admissions), I'd do that right away.  

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Thank you debtzapper, I am in contact with LawKitty already.  Hoping she can help with working this out.

 

Great! If anyone can help you or any other FL OP who posts here, it is @LawKitty

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I filed the Notice of Non-Resident Cost Bond today.  The only concern I have with this is that it will fall into the time period for the hearing date.  When I called the Clerks office and told them I had never received notice of the hearing, they stated I could write to the Judge and request a later date due to not receiving notification from them.  Would this be a good move since there are other issues that need to be addressed also?

 

I have not answered the Motion for Summary Judgment, the only thing that I have answered is complaint.  I also have not filed any discovery.

 

Sorry to sound so naïve, but this is all so baffling.

 

Thanks everyone for the help

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