CyiLike2Learn

Being Sued by Portfolio Recovery Associates, LLC

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Im a newbie here so thank you for all the detailed posts I've read through so far.  I believe I only have a few more days to answer the complaint so I really hope you experts or folks that have gone through this can help me.  

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?

Portfolio Recovery Associates, LLC

3. How much are you being sued for?

$1670

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

Capital One

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

I was served

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

In person at home

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

Process Service Requirements by State - Summons Complaint

Yes, I believe so

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?

California

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

They claim I made a payment in November 2014, however I believe I was default before that timeframe.

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

4 years

 

 

12. What is the status of your case?

Suit served? Yes

Motions filed? Not that I know of, I searched online and the Case number does not come up on the court website, I searched by name and date and still nothing in the system yet.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I may have in the past but couldn’t find any record of disputes, they don’t appear on my credit report.

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 am attaching the documents they sent., I did not receive a 

questionnaire. 

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 2 Capital One bills as exhibits.

 

 

1.  I'd like to request a Bill of Particulars, this seems to be something that may help my case. Any tips with the BOP would be very helpful

2.  I'd like to file a General denial w/ POS but need to know what should go in the General Denial based on the attached documents. they state the last date of payment was Nov 2014, however I think I was late way before then. 

Any help is appreciated greatly appreciated since I am really pressed for time as I am sure most of you are.  Thank you for taking the time to read my post. 

 

Summons_Redacted.pdf

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you can start by serving a BOP. you can serve that even before you file your General Denial. 

 

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16 minutes ago, CyiLike2Learn said:

2.  I'd like to file a General denial w/ POS but need to know what should go in the General Denial based on the attached documents. they state the last date of payment was Nov 2014, however I think I was late way before then

The General Denial is pretty simple,   http://www.courts.ca.gov/documents/pld050.pdf

simply fill out your information at the top, followed by the court address, Plaintiff's name, Defendants name, Case number, write in your name next to field one,  if you have any affirmative defenses you include them in field 2, if not skip to the bottom of the pate, date, write your name and sign. 

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Fyi, you have until May 30th to answer the complaint. The 30 days (from April 28th) ends on a Sunday, so the deadline is extended until the next court business day - since the 29th is Memorial Day, you get until the 30th.  The GD is easy, aim for the end of next week so that you have a cushion of a few days in case you have trouble getting to the courthouse. Check the office hours for your civil division, some (like mine) have limited hours on certain days.

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57 minutes ago, sadinca said:

The General Denial is pretty simple,   http://www.courts.ca.gov/documents/pld050.pdf

simply fill out your information at the top, followed by the court address, Plaintiff's name, Defendants name, Case number, write in your name next to field one,  if you have any affirmative defenses you include them in field 2, if not skip to the bottom of the pate, date, write your name and sign. 

Thank you!  On Line 2 in the GD, based on my attached documents are there any immediate or commonly used affirmative defenses that I should list?

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14 hours ago, CyiLike2Learn said:

Thank you!  On Line 2 in the GD, based on my attached documents are there any immediate or commonly used affirmative defenses that I should list?

I would use SOL if the alleged last payment is close to the 4 year mark from when plaintiff filed suit. other than that, you dont really need any.  with the GD you are pretty much generally denying all the allegations of the complaint. 

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14 hours ago, CyiLike2Learn said:

Great !!  I just filled out the BOP and am going to download the proof of Service.  

if any question, dont hesitate

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So the Plaintiff is objecting to my Demand of BOP, and "respectfully requests" the defendant withdraws the demand...  (document attached)

I'm not entirely sure where to go from here.  Any thoughts @sadinca @RyanEX or anyone on this board that has experience with PRA?  any help is truly appreciated.  Thank you in advance

 

plaintiff objection.pdf

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i tried searching through the forum for a similar response and how to proceed, but i was unable to find anything. @calawyer any suggestions? 

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Welcome.  Sorry I did not see your post sooner.

 

I would do nothing.  They have objected and have refused to respond to your BOP.  This is what you want as it will help you respond to their discovery when they serve it.

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