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Arkansas

Portfolio Recovery Associates, LLC Suing me in Arkansas

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Hello...

 

I just got served last night and still nervous as a jay bird.

 

Any help is appreciated :-)

 

 

 

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.)

 

Portfolio Recovery Associates, LLC

Jennifer P Sanders

120 Corporate Blvd

Norfolk, Va 23502

3. How much are you being sued for?

 

$4249

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

 

Synchrony Bank / Walmart

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

 

Right...served at home

6. How were you served? (Mail, In person, Notice on door)

 

In person at front door

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 that stand out...I normally dont talk to them...maybe a few letters and hang up phone calls

9. What state and county do you live in?

 

Arkansas and Greene County

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

 

May 2013

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

 

3 to 5 years

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).

 

Just got served last night

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

 

Couple of months ago I disputed it with equifax. Somehow they confirmed it without showing anything and equifax wont help.

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? 

 

30 days.

 

They sent a summons with 6 pages attached....I will upload scans for viewing :-)

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

 

Summons, complaint, Affidavit, Bill of sale, Status report for civil relief act and last statement

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post-168560-0-80931900-1436402021_thumb.

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Here are 2 screenshots of equifax with walmart and PRA.

 

PRA Keeps changing the dates around to make it look newer :(

 

And walmart shows it as a charge-off for a lot less.

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post-168560-0-48691600-1436402294_thumb.

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@Arkansas

 

Regarding the credit report entries, other than the "date major delinquency first reported", what dates have been changed?

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@Arkansas

 

That may just mean the date they (the JDB) first reported the delinquency.  The 7.5 year reporting period is based on the date the first delinquency actually occurred.

 

And walmart shows it as a charge-off for a lot less.

 

 

In regard to the above, the $3559.00 charge-off shown on your CR coincides with charge-off on the Walmart statement.  Walmart then added interest of $689.17 which resulted in a balance of $4249.06.  That's also the amount being reported by the JDB.  By reporting that same balance and suing for that same amount, the JDB has not added any interest or fees.

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I thought once they charged it off they could not add interest or other fees.

 

Im pretty green to all of this but keep learning :-)

 

Anybody have any advice on what i need to do this week ?

 

Or what i should be studying :-)

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Syncrony used to be GE money bank, and they had an Arbitration Clause in the card agreement (JAMS).

 

Let's see if someone can dig up a card agreement from pre-2013.  Either way, Arbitration is a good way to apply a large amount of leverage against the PRA.  What was the card (visa/mastercard/discover etc...)?

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'Arkansas' -- welcome to the forum.  PRA seem bold by not appearing to have a local attorney involved with this.  I'm certainly no lawyer, but have been through this and/or helped MANY times.  You will certainly need to file an answer within 30 days to prevent a default judgment.  I'd be glad to look over the complaint and offer my opinion.

 

I'll PM you, and offer as much info as I can directly on the forum so we all can learn.

 

Good luck!

 

-J

 

PS:  The post above this one mentions 'Arbitration' -- something I know little about.  HOWEVER, I believe I have seen others recommend a specific CIC forum member when Arbitration is mentioned.  Debtzapper and/or BV80, do you remember who that might be?

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Syncrony has agreements posted on their site, I believe they all contain an Arbitration clause.

I cannot find much on arbitration in Arkansas, but I did find if you answer the suit, you must use it as an affirmative defense, or you will waive it.

 

Read up on arb in the thread BV80 posted.  If this is something your interested in, you can answer, then immediately file a motion to compel arb, dismiss or stay case pending arbitration. 

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Given that the amount is $4k, it may be worth it to them to go through arbitration. 

 

In Courts you have the rules of evidence on your side which would prohibit hearsay(such as account statements, account agreement) from being admitted since those are documents from other companies. In arbitration, whether evidence is "admitted" is solely up to the arbitrator. Also since this is in district court, you get a do-over, since Arkansas provides for a de-novo appeal from the district court to circuit court.

 

I would also advise to remove your cr. 

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I don't think they would go on a 4K debt.  It will cost them 550.00 in initial fees, then when an arbitratior is selected, it is another 2k for them.  Then after the first hearing it is another 2+ K to continue.  They may go for the first round, but If they have been through it before, I don't think they would do it.  

Discover is an original creditor suing someone else, and won't go there even though it is in their agreement.  It was for 4K also.  But you never know, it is always a risk no matter how small the debt....

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This has to be one of the worst filings I've seen in Arkansas.  A complaint alleging $4k is owed.  A 'Bill of Sale' in which no reference match the complaint.  Plus, the 'BOS' has conflicting dates -- October 21, 2014, and "this 17th day of July, 2014," which to me implies the document was made on the 17th of July.  Not only that, the 'BOS' shows no indication that 'Portfolio' accepted the agreement!  Hands down the most sloppy 'BOS' I have seen.

 

I also noticed the absence of a local attorney.

 

I believe a carefully thought-out 'Motion to Dismiss' would be granted -- even at this early stage.

 

-J

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@Jimmy E

 

@Mantis Knight

 

Thank you. This sounds then like something that can be contested in  court rather than through arbitration.  And you both know Ark courts.

It can be, but more than half the cases I looked up they just filed an amended complaint that included a generic contract.

 

Arbitration can be much less of a headache.

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I'm always FOR doing whatever is easier!  Even WITH an agreement attached, at best it's a 'sample agreement' that may or may not have been in effect when OP opened the alleged account.

 

Unless PRA assign a local attorney to handle it, this case can be disposed of with minimal discovery efforts.

 

To the 'Original Poster:'  I would submit a 'Sworn Denial' that the alleged account is NOT yours -- and you have never transacted business with 'PRA.'  Doing this will mean PRA must present other legal evidence that the alleged account is yours.  To be clear, your denial will be slanted toward a denial that you do not even know who PRA is!

 

-J

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I would also suggest running this by some local consumer affairs attorneys. Whenever there are conflicting amounts in a CR (in terms of debt buyer amount being higher than charge-off)  there is a chance of getting FCRA violations. Since they sued for the inflated amount that may also spread into FDCPA territory, but I will leave that to experts to assess.

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OP, contact J.R. Andrews at the 'Cook Law Firm' in Little Rock -- just 'Google it.'

Talk to him. He would likely take the case in exchange for a portion of the FDCPA violation the PRA has committed. Certainly won't hurt to call.

He would likely file a counter-suit and have the case transferred to 'Circuit Court.'

Let me know if you would like more info on this.

Best,

-J

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Thanks for all the info so far....

 

After reading around and advice here. I think my first stop will be contacting a consumer law firm, just to see what they say.

 

I will 100% report back until this is finished so it can help anyone in the future.

 

Thanks for all the info :-)

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