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Being sued by PRA in Nebraska


Sara1919
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I was just served this morning with a summons and complaint and need advice on what I need to do next in the State of Nebraska. HELP PLEASE !!!

 

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.) Mandy L Musta 3209 West 76th Street Suite 301, Edira MN 55435 (Rausch, Sturm, Israel, Enerson & Hornik LLC)

3. How much are you being sued for? $2,365.88

4. Who is the original creditor? (if not the Plaintiff) US BANK National Association.

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember any from Portfolio Recovery .

9. What state and county do you live in? Nebraska Douglas County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure. At least 5 or 6 years. However in Credit Karma it shows under PRA opened Mar 18, 2014. (2yrs 7 mos)

11. What is the SOL on the debt? To find out: Not sure

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). Filed and File No provided.

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

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. YES

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?
30 days . Claiming Defendant used the credit account but defaulted by failing to make payments 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached nothing

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