Jump to content

Lawsuit filed against me by Portfolio Recovery Associates (California)


Recommended Posts

@Happybluesky I didn't know they post it on the newspaper!!

I can access some information about my case using my own computer (pls scroll up, I posted what is currently listed on the court's website), but it doesn't have specifics (like account #, how much I owe, etc).

Im about 45 mins away (without traffic) from the courthouse, that's why I'm also hesitant to go.

I just hope I don't get served any time soon :cool: so nervous!!

Link to comment
Share on other sites

very unlikely they will go through the trouble of posting it on the paper. either they will server you personally, substituted service, or they will sewer serve you. during my wife's and my case time the average wait time from filing suit to being served was 30 days. after you get served, you will have another 30 days to file what will most likely be a general denial; a simple one page form that will take you about 10 minutes to fill out.

  • Like 1
Link to comment
Share on other sites

The first time I was served the server was a recently fired executive from a big bank. We had a nice talk about the world on a lovely sunny afternoon.

Nothing to be nervous about.

In my jurisdiction you have 30 days to respond after service of complaint. I wandered down to courthouse on day 27 to file motion to dismiss, and served plaintiff by dropping a copy of the motion in first class mail a few minutes later. The court set hearing on my motion for about 60 days hence, and meanwhile plaintiff filed a memorandum in opposition to my motion. It was very orderly and matter of fact.

Link to comment
Share on other sites

@sadinca what if they sewer serve me .. will I lose the case right away and get money garnished from my bank account?

I also read that they can go to my work and try to serve my papers there .. (?)

@Happybluesky can they come to my house late in the evening (to make sure I'm home)? Sorry, just don't know what to expect.

Link to comment
Share on other sites

12 minutes ago, Smc said:

@sadinca what if they sewer serve me .. will I lose the case right away and get money garnished from my bank account?

I also read that they can go to my work and try to serve my papers there .. (?)

@Happybluesky can they come to my house late in the evening (to make sure I'm home)? Sorry, just don't know what to expect.

Sewer service means they claim to have served when they have not. You do not lose the case right away if this happens as they still have to wait 30 days to try to file a default judgment. Keep an eye on your online case file and you'll know when they are claiming to have served you - it won't slip past you. If it happens you can motion to have the service quashed, or you can elect to go ahead and answer & get the ball rolling.

If they can't personally find you, they can serve an adult at your home or an adult at your place of business. It's called Substitute Service. I have yet to see them do this (on this board) at a person's work but they have done so plenty of times at a person's residence. I was substitute served at home. You get more time to respond when this happens.

If they are trying to serve you at home they might choose varied hours (morning, noon, evening). They might try a few attempts before doing substitute service, they may do it right away.

 

  • Like 3
Link to comment
Share on other sites

15 minutes ago, Smc said:

Im about 45 mins away (without traffic) from the courthouse, that's why I'm also hesitant to go.

I just hope I don't get served any time soon :cool: so nervous!!

Can you download it from the website? The price may vary (it would be about $8 from my courthouse) but it's probably more convenient than driving 45 mins each way plus your time in the courthouse.

If you do get served soon you'll be alright. Most people use a general denial (because most of these complaints are "unverified" complaints), and the general denial is a simple form - you fill-in some basic info, check a box or two and that's it. Here's a look at a general denial: PLD-050 . If yours happens to be verified (I have yet to see on these boards) we'll help out. You file the answer at the courthouse & have someone else serve a copy )mail it) to the plaintiff that's it.

You get 30 days to respond when personally served. Plenty of time to work on the answer and your strategy.

  • Like 2
Link to comment
Share on other sites

6 minutes ago, Smc said:

@sadinca what if they sewer serve me .. will I lose the case right away and get money garnished from my bank account?

I also read that they can go to my work and try to serve my papers there .. (?)

@Happybluesky can they come to my house late in the evening (to make sure I'm home)? Sorry, just don't know what to expect.

Not worth your time worrying about those things. Just thank the process server and go on about your business.

And remember, it is not illegal not to pay a bill.

Even if you were served today, it will be weeks before you have to respond, and probably months before any hearing or trial. Also, the docketing department will help you if you need a continuance in the coming months. The game is to obey the court and always give plaintiff proper notice of any changes. 

 

  • Like 1
Link to comment
Share on other sites

16 minutes ago, RyanEX said:

Sewer service means they claim to have served when they have not. You do not lose the case right away if this happens as they still have to wait 30 days to try to file a default judgment. Keep an eye on your online case file and you'll know when they are claiming to have served you - it won't slip past you. If it happens you can motion to have the service quashed, or you can elect to go ahead and answer & get the ball rolling.

while I was waiting to get served, I would check the court docket  twice a week until I saw on the docket that cavalry had filed a proof of service.  which would like something like this

9DECLARATION OF DUE DILIGENCE FILED BY CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. ON 0x/xx/2015          05/26/2015           1 pages

8PROOF OF SERVICE FILED BY CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. ON 0x/xx/2015                                              05/26/2015            3 pages

 

they claimed service at an old address,

  • Like 2
Link to comment
Share on other sites

22 minutes ago, RyanEX said:

Can you download it from the website? The price may vary (it would be about $8 from my courthouse) but it's probably more convenient than driving 45 mins each way plus your time in the courthouse.

If you do get served soon you'll be alright. Most people use a general denial (because most of these complaints are "unverified" complaints), and the general denial is a simple form - you fill-in some basic info, check a box or two and that's it. Here's a look at a general denial: PLD-050 . If yours happens to be verified (I have yet to see on these boards) we'll help out. You file the answer at the courthouse & have someone else serve a copy )mail it) to the plaintiff that's it.

You get 30 days to respond when personally served. Plenty of time to work on the answer and your strategy.

I'll check out the website and see if I can download that information.

Oh I'll definitely need help once I get the papers. So much to learn in so little time! 

Link to comment
Share on other sites

45 minutes ago, Smc said:

I'll check out the website and see if I can download that information.

Oh I'll definitely need help once I get the papers. So much to learn in so little time! 

You've got plenty of time. There are CA residents who have discovered this site literally only a week or two before trial and have prevailed. You haven't been served yet, and might be half a year or a year or two away from a trial date (depends on the county, some are very backed up). Just stay on top of your deadlines, study, ask questions, and you'll be alright :)

  • Like 4
Link to comment
Share on other sites

1 hour ago, RyanEX said:

You've got plenty of time. There are CA residents who have discovered this site literally only a week or two before trial and have prevailed. You haven't been served yet, and might be half a year or a year or two away from a trial date (depends on the county, some are very backed up). Just stay on top of your deadlines, study, ask questions, and you'll be alright :)

Thanks for the words of encouragement.  My head was spinning when I found I'm being sued and felt I had no choice but to settle.  Fighting this case was not even an option until I found this website!

  • Like 2
Link to comment
Share on other sites

2 hours ago, Happybluesky said:

 Also, the docketing department will help you if you need a continuance in the coming months. The game is to obey the court and always give plaintiff proper notice of any changes. 

 

There is no "docketing dept" that is going to help people get a continuance, and it is extremely unlikely to ever get a continuance in CA. a motion for continuance is also a lot of work.

  • Like 2
Link to comment
Share on other sites

26 minutes ago, Anon Amos said:

There is no "docketing dept" that is going to help people get a continuance, and it is extremely unlikely to ever get a continuance in CA. a motion for continuance is also a lot of work.

If you have a medical situation, for example, it is routine to reschedule a hearing. Been there, done that. It's no big deal.

Court calendars are changed all the time.

Link to comment
Share on other sites

9 hours ago, Smc said:

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

Yes, the California docket is SO crowded it takes that long to get into court for the actual case.  That is actually good for you because it gives you plenty of time to study up on what to do to defeat PRA.  

Link to comment
Share on other sites

1 minute ago, Clydesmom said:

Yes, the California docket is SO crowded it takes that long to get into court for the actual case.  That is actually good for you because it gives you plenty of time to study up on what to do to defeat PRA.  

Yack yack yack.

OP hasn't even been served.

Chill.

Link to comment
Share on other sites

1 hour ago, Happybluesky said:

Yack yack yack.

OP hasn't even been served.

Chill.

We now have to go through this with you on every Cali thread even though you've been asked to leave numerous times by the OP's.  You don't do any good for  defendants here and no one needs a resident troll to "help".

  • Like 2
Link to comment
Share on other sites

On ‎5‎/‎11‎/‎2016 at 8:33 AM, sadinca said:

 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. 

@sadinca You are correct that getting a copy of the complaint does not constitute service.

On ‎5‎/‎11‎/‎2016 at 8:33 AM, sadinca said:

 

 

  • Like 3
Link to comment
Share on other sites

On ‎5‎/‎11‎/‎2016 at 7:37 AM, Clydesmom said:

NO!

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.  

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.

 

You are really doing a disservice to new members.

First of all, when you say "ZERO proof" you fail to acknowledge that this is a tough business with a steep learning curve, and imply wrongly a 100%

chance of winning.

Second, how in the world can someone prepare even the initial response to a lawsuit without having the complaint in hand?

Third, a not minor point, "answer" has a special meaning in this context. It is a world of difference responding to the lawsuit

via answer v. motion.  CA threads are fine, but the basics such as thinking in terms of elements for claims and defenses, preparing  for the possibility of

a  plaintiff msj, and adding CA rules of civil procedure to favorites list is the most important. 

 

 

Link to comment
Share on other sites

On ‎5‎/‎11‎/‎2016 at 4:24 PM, Happybluesky said:

.

And remember, it is not illegal not to pay a bill.

 

 

It's comments like this and people like you that are a real disservice to members here. In this thread the OP disputed the "bill" and even got it removed from her credit report, so there's nothing other then yourself (and plaintiff) at this time even acknowledging it as a bill, when clearly you have no information about it. No one does.

And, once again; you were asked to move on, this time by a moderator @BV80

 

Link to comment
Share on other sites

44 minutes ago, Anon Amos said:

It's comments like this and people like you that are a real disservice to members here. In this thread the OP disputed the "bill" and even got it removed from her credit report, so there's nothing other then yourself (and plaintiff) at this time even acknowledging it as a bill, when clearly you have no information about it. No one does.

And, once again; you were asked to move on, this time by a moderator @BV80

 

The meaning of the comment was clear.

OP expressed great anxiety about being sued for a debt.

Commenting that the matter is purely civil, with the caveat that one must obey the court, was meant to help put OP's mind at ease.

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...