marquez

Late filing an answer to Portfolio Recovery lawsuit in KY--do I get an extra 10 days???

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I was served by Portfolio Recovery for a 1300 debt. I planned to answer it but completely flaked out and forgot I only had 20 days, NOT 30 days :/. Today, I realized my mistake, and of course, I'm on day 21. 

From what I gather, if they pursue a default judgment, I would have 10 days to answer. Is this true in all states? I'm really hoping Ky isn't an exception, but I did see that default judgments don't typically get hearings here. 

I'm planning to go ahead and file a response first thing tomorrow. Can anyone tell me what to expect? Have I already forfeited all of my options to stop this thing???

Thanks for your help.

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no you don't automatically  get an extra 10 days, but it does depend on your rules.  In most states as long as you file an answer before they file for default, you should be ok.

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I'm with shellieh98 on this one. The best thing you can do is file it TODAY. The worst thing you can do is nothing.  

I would go file some form of answer and if they don't accept it so be it, but at least you attempted to file.  

 

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Great news. I called the clerk because it didn't seem like 20 days had passed (I have been in a fog of work, however, so the days tend to run together!), and it was FILED on the 21st and wasn't served until the 28th of January. Whew! I'm glad I checked. I elected arbitration with a Discover suit that was roughly the same amount, so I think I'm going to go the same route, as Discover was dismissed with prejudice. Original creditor is Wal-Mart/Synchrony. I'm hoping it will have the same result this time, though I may research a little and see if there are any other reasons to dismiss that would be less risky.

I'll update on the case as it goes on. Thanks for your help! I'm so grateful for this forum.

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