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Being Sued by Portfolio Recovery Associates (MI)


MHF
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I'm almost at the deadline for filing my answer and need to have it in by Friday. In starting to fill out form MC 03, and do some research, I realize I'm in way over my head. Affording a lawyer is really not possible right now. I'd like to at least try to fight this. Any help is greatly appreciated. 

1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC as successor in interest of World Financial Network Bank/Comenity Bank/American

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lists three lawyers with the same address as PRA

3. How much are you being sued for? $1,469.85

4. Who is the original creditor? (if not the Plaintiff) World Financial Network Bank/American

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

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

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

9. What state and county do you live in? Michigan, Wayne County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I honestly can't remember, the affidavit says 10/15/12. 

11. What is the SOL on the debt?  6 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). Suit served, no motions filed. 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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? I need to file my response by this Friday 10/21. They did not include a questionnaire. I was going to use the MC 03 form I found on the michigan.gov website. 

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

affidavit.jpg

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@MHF

Welcome. In order to help with your answer, we need to see the Complaint's allegations. As this is a public forum, please redact any personally identifying info. 

Is this a credit card debt? Do you have a copy of the alleged agreement that governs this alleged debt? If not, can you locate one to see if there is a clause that allows for private contractual arbitration in JAMS or AAA? Typically, a contract's arbitration clause is easy to spot and frequently begins with all caps. 

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