Nehv 1 Posted March 21, 2017 Report Share Posted March 21, 2017 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 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. Quote Link to post Share on other sites
Nehv 1 Posted March 22, 2017 Author Report Share Posted March 22, 2017 Bump Quote Link to post Share on other sites
nobk4me 395 Posted March 22, 2017 Report Share Posted March 22, 2017 Look into the arbitration strategy. Quote Link to post Share on other sites
Nehv 1 Posted March 22, 2017 Author Report Share Posted March 22, 2017 Ok I will look into it thanks @nobk4me Quote Link to post Share on other sites
Nehv 1 Posted March 23, 2017 Author Report Share Posted March 23, 2017 Update: I got the summons mailed out. What else can I do? Please help me Quote Link to post Share on other sites
Anon Amos 2,247 Posted March 23, 2017 Report Share Posted March 23, 2017 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. 1 Quote Link to post Share on other sites
Nehv 1 Posted March 23, 2017 Author Report Share Posted March 23, 2017 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. Quote Link to post Share on other sites
Nehv 1 Posted March 23, 2017 Author Report Share Posted March 23, 2017 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? 1 Quote Link to post Share on other sites
Anon Amos 2,247 Posted March 23, 2017 Report Share Posted March 23, 2017 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. 1 Quote Link to post Share on other sites
Nehv 1 Posted March 23, 2017 Author Report Share Posted March 23, 2017 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! Quote Link to post Share on other sites
calawyer 1,848 Posted April 1, 2017 Report Share Posted April 1, 2017 I sent you a personal message with some recommendations. If neither lawyer works out, we will help you do it yourself. 1 Quote Link to post Share on other sites
Nehv 1 Posted April 1, 2017 Author Report Share Posted April 1, 2017 Thank you @calawyer Quote Link to post Share on other sites
Nehv 1 Posted April 13, 2017 Author Report Share Posted April 13, 2017 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? Quote Link to post Share on other sites
