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Lawsuit filed against me by Portfolio Recovery Associates (California)


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I received a letter this week from a Lawsuit Notification Company indicating that Portfolio Recovery Associates filed a lawsuit against me. 

I went to the court website to check if the case number filed was legit and found that PRA indeed filed a lawsuit against me.

I then called PRA; got transferred 4 times and spoke with 4 different people from different departments (including legal and litigation). They all told me that they're no longer collecting and were not aware of the lawsuit filed.

***NOTE: I disputed these accounts earlier this year, and all 3 bureaus removed it from my credit report.

Please advise how to proceed from here.

Should I call the PRA lawyer listed on file and inquire why I'm being sued?  Should I try and settle to avoid court?

I would like to fight it, but I don't know how lengthy it will be. 

I still haven't received the summons/complaint but I want to be proactive and know my options so I could have enough time to prepare

Thanks in advance.

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7 hours ago, Smc said:

Should I call the PRA lawyer listed on file and inquire why I'm being sued?

NO!

7 hours ago, Smc said:

Should I try and settle to avoid court?

NO!  PRA is a junk debt buyer that has ZERO proof of their cases so much so they recently settled with the CFPB over their abusive collection lawsuit practices.  There are PLENTY of California members on this board who can advise you on how to defeat them on your own without a lawyer.  Including a CA lawyer.  

7 hours ago, Happybluesky said:

You can request a copy of the complaint from the court.

DO NOT do this.  Worst advice ever.  California has one of the longest waits to go to court and it can take 2 or 3 months for you to be served.  DO NOT make PRAs job easier by speeding up the process.  Study the CA threads here and start getting your motions ready to answer this complaint and force PRAs hand on their crappy "evidence" and affidavits.

 

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@Smc it's good to be proactive but they can't do anything until you've been served which should also show in the online case detail. Keep an eye on it weekly since the updates schedule may vary and not real time. I wouldn't head to the courthouse until something shows you've been served, then it's time to defend yourself.

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congratulations on your pregnancy. being pregnant is already a hard and stressful enough, you do not need this added stress. that being said, i agree with @Clydesmom in that I do not think you should try to settle before even being served, even more so since it appears that the identity of the account is unknown to you.

PRA is very beatable and many members get their cases dismissed before trial, but you will have to spend some of your time in this website searching, studying and typing. 

as it has been said before, there is nothing PRA can do until they claim you have been served. after finding out that there was a lawsuit filed against me by cavalry, i went to the court house to get a copy of the summons because they claimed i had been served, which was not the case, the served someone at a different address where i hadn't live in for years.  I do not think that you walking to the court house to get a copy of the summons equates to you being served. no one asked me for an ID, the clerk did not sign an affidavit stating that a copy of the summons were given to me, nor was it anywhere on the record that a copy of the summons were given to anyone. maybe @calawyer can clarify that for me. 

this are some stressful times, but don't too much. we don't want anything happening to your or your baby, we will be here to help you in all we can if you stick around.  @Anon Amos @RyanEX

 

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Hi @sadinca! Thank you!!!

I'm really glad I stumbled upon this website. There's a ton of knowledgeable and helpful people :)

I will find time this week/next week to go to court and request a copy.  It will probably be to my advantage to know what's in the complaint and have plenty of time to prepare my response.

Thank you again, and I will definitely stick around until this nightmare is over :(

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When I look up my case on the court's website, this is what it says (please see below)
I'm not sure if there were any attempts made to serve me, or if there's anything important at this time.
 
 
 
 

Case Number:  ----
PORTFOLIO RECOVERY ASSOCIATES VS. ---

Court:   LosAngeles Courthouse

 

Filing Date:  May2016
Case Type:  COLLECTIONS CASE (Limited Jurisdiction)
Status:  Unknown disposition
 
 
Future Hearings 

04/17/2019
OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT
 
 
History Information
 
 
Parties 

Plaintiff:  PORTFOLIO RECOVERY ASSOCIATES LLC
Attorney:   ATTORNEY AT LAW - JORDAN D. COOK ESQ

Defendant:  ---
Attorney:   None

 
Party Information
 
 
Histories (Dates listed in descending order) 

05/02/2016 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
NOR265476017.

05/02/2016 SUMMONS ISSUED.

05/02/2016 SUMMONS FILED.

05/02/2016 OSC HEARING IS SET FOR 04/17/19.

 

 

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1 hour ago, Smc said:

 

By the way, does anyone know why my hearing date was scheduled over 2 years from now? 

That's not the trial hearing, it's am order to show cause hearing for why plaintiff shouldn't be fined for not filing for default judgement and or showing proof of service (if you ignored the case and 2 years passed by).

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On ‎5‎/‎11‎/‎2016 at 10:50 AM, Smc said:

 

I will find time this week/next week to go to court and request a copy.  It will probably be to my advantage to know what's in the complaint and have plenty of time to prepare my response.

 

Regardless of what's in the complaint your response is most likely going to be the same. It's either going to be a general denial or an answer form, so there's no rush to see the complaint (and it was just filed).

You can still start learning now and do research before you are served. I personally would wait to be served, but you can go get a copy as you said.

 

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9 minutes ago, Smc said:

Ohhh, thank you for the clarification , @Anon Amos .. All new to this.

Ive been reading other threads and some of the shortcuts, I still don't understand what they mean.

It takes a long time and work. That's why I wouldn't rush getting the complaint. Always use time against them. Keep an eye on the docket and they will serve you when they get around to it. The court is giving them 2 years before they get concerned about it (that's what the OSC hearing  about).

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I wouldn't make an effort to update them on your location since you haven't even been served. Keep an eye on the case status. Hopefully they say you were served at your old address after you no longer live there so you can go after them for sewer service.

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Agree. It's up to them to find you. Honestly, I'd rather wait to be served because it  it makes them work (which costs them money) & it costs them money again to hire the process server ;)

Until they do find you, you can take advantage of the time and study up on the defense strategy. It takes sometime to understand some of the concepts. This is a great read: ASTMedic: http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ 

Even if they don't find you, at some point you might feel ready to get the ball rolling and you can always go ahead and pick up the complaint and file an answer.

Like it's been recommended already, keep an eye on your online case file for any updates regarding service. Don't talk to them over the phone, you don't have anything to gain; they're not interested in helping you, only getting your money or getting some information that will help them get your money. If they call and happen to get you on the phone, tell them if they have anything to say that they can do it by written correspondence and end the call. They might complain that they don't have a current address - tough luck.

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while you wait to get served, stick around and learn all you can of what is ahead to come at you. so you can be mentally prepared and avoid any extra stress. below im posting the link of one of our members who was successful in defending against PRA, even though, she stumbled into this website very late in the game. there are other more comprehensive threats from other members, but this is a good example to show that you too can defeat these bottom feeders.

 

 

 

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You may have a local newspaper with a section on court records. If so, your case may be cited under civil filings:

JDB v. Debtor: Seeks $x allegedly owed.

Most likely you could just go to the courthouse and anonymously  use the computer to access your case.  All filings should be available in electronic form without you having to produce any identification. I don't know if you could do this from home.

In the past I had the clerk just provide me with a hard copy of complaint, which did not include the summons, before actually being served. The summons is the part that orders you to appear, and has specific instructions such as time to respond and how to respond. The notion that this could have constituted legal service never came up. In any case, I was served within a month or so after the case was cited in our local paper.

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