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Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney.  I've answered the questions  necessary thats been requested by the admin/moderators. Thanks again ahead of time.  

*Note: I've left out specific info. If anyone needs more specific info I can message or email  you.

-Nehv

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.)

Portfolio Recovery Associates, LLC

3. How much are you being sued for?

Less than $5,000 for principal balance, costs of suit and "any such other relief as the court may deem just and proper" 

4. Who is the original creditor? (if not the Plaintiff)

Synchrony bank

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

Not yet. Served with papers left at home while i was out and also got two letters from attorney services. 

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

Papers were dropped off on the floor.

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

I don't know. I'm not sure to be honest. Since the papers were just on the floor.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

No contact what so ever with PRA before or after summons.

9. What state and county do you live in?

Los Angeles, California

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

I believe in mid 2015. Never made a payment with the collection account with PRA. 

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

Well in California it says the most is 4 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).

As if today: Unknown disposition.

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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance"

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

They attached two billing statements of the original account with Synchrony Bank.

Credit InfoCenter Forums

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Ok I will look into it thanks @nobk4me

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2 hours ago, Nehv said:

Update: I got the summons mailed out. What else can I do? Please help me

Did you file an answer to the summons with the court?

Read ASTMedic's How I beat Midlands,  and HomelessinCA threads.

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No I haven't because I honestly don't know how to answer back. Ive never been sued before until now. Also, I haven't been served in person. It was attempted but the summons was on the floor when I got home. And just today I got another copy in the mail.

 

Ok I will read it this weekend for sure. Thank you.

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22 minutes ago, Anon Amos said:

Did you file an answer to the summons with the court?

Read ASTMedic's How I beat Midlands,  and HomelessinCA threads.

This one right?

 

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16 minutes ago, Nehv said:

No I haven't because I honestly don't know how to answer back. Ive never been sued before until now. Also, I haven't been served in person. It was attempted but the summons was on the floor when I got home. And just today I got another copy in the mail.

 

Ok I will read it this weekend for sure. Thank you.

I would consider yourself served. Read it closely. Read the ASTMedic thread you posted. You will most likely file a general denial and have about 30 days to do it. There's a lot of Cali threads here to research and learn how to beat this.

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18 minutes ago, Anon Amos said:

I would consider yourself served. Read it closely. Read the ASTMedic thread you posted. You will most likely file a general denial and have about 30 days to do it. There's a lot of Cali threads here to research and learn how to beat this.

Thanks Anon Amos!

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I sent you a personal message with some recommendations.  If neither lawyer works out, we will help you do it yourself.

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I saw this update yesterday. 

 

Histories (Dates listed in descending order)

03/23/2017 PROOF OF SERVICE RE: SUMMONS & COMPLAINT & GENERAL ORDER
FILED. SERVED AS TO SUBSERVED BY
LEAVING WITH JOHN DOE ON 03/14/17 . COSTS OF $ *0.00

 

Does that mean I have until today to respond?

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