So Cal Gal

Being Sued in California by Portfolio (Hunt & Henriques)

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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.)


Hunt and Henriques

3. How much are you being sued for?



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


U.S. Bank National Association

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


I was served.

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


Served in person at my home.

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


8. What was your correspondence (if any) with the people suing you before you think you were being sued?


Debt validation request. Nothing else.

9. What state and county do you live in?


California, Los Angeles

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


Unknown. According to the CA, May 2013.

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

4 years

12. What is the status of your case?


Status: Pending (info via the court website)

Under case information, the court shows Summons Filed, Collections Case Complaint Filed, and Proof of Service Filed

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



14. Did you request debt validation before the suit was filed? 


Yes. They responded with copies of a year's worth of statements.

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?  


Response is due tomorrow (Aug 14).


1) Account Stated

Prayer Amount: XXXX

Limited Civil

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


Exhibit A: Statement from May 2013

Exhibit B: Statement from Dec 2013 (time of charge off)

17. Read this article: 
Done! :) 


I've been reading posts on the forum, but now that it's time fill out my own response I'm worried about getting it right - to the point of paralysis. There's no more time, I have to take the paperwork to the court tomorrow. Can someone please point me in the right direction to help me get started?


Also thought it would be helpful to have my own thread since I will likely need more help along the way.

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You are cutting it close, and will not want to make that a habit.

Make sure there's no verification page with the complaint that says verification on top and signed by lawyer saying he knows it's true etc. It's unlikely it is a verified complaint.

File a general denial and a proof of service with the court. You can find it all in ASTMEDIC'S thread "how I beat Midland in CA " pinned in this forum. Send copies to plaintiff lawyer. You need a friend to sign the proof of service for you.

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There is a space on the General Denial form for Affimative Defenses. Is this required or optional? ASTMEDIC's thread described the general denial as a way to give them the least amount of information (aka future ammunition).

If I do need the affirmative defenses, how to proceed? These are what I'm thinking so far:

1 the complaint and each purported cause of action alleged therein, fails to state facts sufficient to state a cause of action against defendant.

2 Plaintiff lacks standing to assert the claims in this case.

Is 2 defenses enough? I saw a sample in koolMD's thread that offered more than 30 affirmative defenses. Is more better?

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The only one you need is if the account is at or near the end of the SOL, so it would be "plaintiffs claims are time barred". You can also put plaintiffs lack standing. Other than that no others, as you are required to prove them, whereas now the burden is on the plaintiff.

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It looks like you don't have any affirmative defenses. The general denial covers all of plaintiff's allegations. You don't have to list lack of standing in CA, but you can.

Let us know when you are done and you can get right on to the next step.

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