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BEING SUED BY PORTFOLIO RECOVERY ASSOCIATES. HELP!


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Hello Everyone!
  My name is Oscar and I am being sued by PRA. I was served today actually, but to the point...I have been reading threads and posts regarding very similar issues but I'd like to get feedback on my case if possible. I am going through financial hardship at the moment which is why a lawyer is out of the question, but I am willing to take this on myself. I will attach the documents that were left at my residence so that all may see and hopefully pass on some helpful information. Thank you everyone!

General Information:

Being sued for $2,707

PRA provided 2 copies of 2 seperate statements. One from 2015 and another in 2016. 

I was once enrolled in a program that was helping me pay out multiple debts and this was one of them, but I stopped paying because it was tough to work out the payments so I'm not sure if that will affect my situation in any way. 

 

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just for information, you were served by substituted service. when documents are personally served to you, you get 30 days to answer the complaint. you SHOULD receive in the mail within the next few days a package containing the same documents you currently have. Serviced of summons id deemed complete on the 10th day after mailing. 

however, i would not wait 40 days to file my answer. 

the way you answer the complaint (for what i saw on the links you posted, the complaint is not verified) is via a General Denial http://www.courts.ca.gov/documents/pld050.pdf

it appears that you are not close to the Statute of Limitations, nor are you claiming fraud, so you do not need to put anything on section 2. unless there are other affirmative defenses that may assist you. 

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you may want to consider serving a Bill of Particulars or BOP. the BOP can be served even before you file the complaint.

 

you can do a quick search in this threats to familiarize yourself with it and find a sample. if you have any questions, ask. 

 

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  • 2 weeks later...

you are already doing it. you are here and learning. Serve the BOP their answer or lack of answer would help you answer their discovery questions. 

stick around and keep learning, is my advice. 

oh, and make sure to serve and file the GD before the 30 days are gone. 

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Of course. This forum has opened up a different spectrum to me

Yes. In the process of doing so. I should mail the GD to the assigned courthouse correct?

another thing...I received a letter from a law firm that PRA has engaged to handle the situation. They state that they will move forward if I do not act within 30 days. What does this mean for me now? Am I answering to them now?

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On 6/12/2017 at 0:27 PM, Omaurez said:

Of course. This forum has opened up a different spectrum to me

i would recommend you also follow other active california treats so you'll know what down the road. 

On 6/12/2017 at 0:27 PM, Omaurez said:

Yes. In the process of doing so. I should mail the GD to the assigned courthouse correct?

IDK if you can mail them. check your local court rules. I would much rather file the GD personally. 

 

On 6/12/2017 at 0:27 PM, Omaurez said:

another thing...I received a letter from a law firm that PRA has engaged to handle the situation. They state that they will move forward if I do not act within 30 days. What does this mean for me now? Am I answering to them now?

im confused. they will move forward with what? 

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