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Hello, I recently posted in another forum, but this seemed like the more appropriate place.

I am being sued by Portfolio Recovery Associates. I was served a few weeks ago and am closing in on the time I have left to file an Answer.

I think the scope of the suit has me in a state of confusion and I feel as if there is nothing I can do to change the outcome of the suit. I was recently contacted by a group that wanted to arbitrate on my behalf, but I didn't feel good about what they had to offer and insisted that I pay a small fee in cash.

Any advice would be greatly appreciated. I hope I am not breaking any rules by submitting another post, asking for help.

 

 

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 Attorneys located in SD

3. How much are you being sued for?
2,300

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

Synchrony Bank / Amazon.com

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

Served.

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

In Person

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

Yes

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?
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) 

The account was closed sometime in 2015.

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

4 Years in CA

Statute of Limitations on Debts

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).

Status is Pending. I was just served and am approaching the deadline.

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? 

Less than 2 weeks.

The Plaintiff is a claiming that I owe them the balance of a debt that Synchrony / Amazon sold to them. The Plaintiff has included to pieces of “evidence” with the complaint (2 statements from Synchrony / Amazon)

If needed I can include a copy of the complaint with any personal information removed.


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

Two Statements from Synchrony / Amazon

 

 

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Welcome to the board :)

You can probably use the general denial, which is a simple form, to answer the complaint: http://www.courts.ca.gov/documents/pld050.pdf

You can use the GD when the complaint is not a verified complaint... most of these types lawsuits are not verified, in fact i have yet to see one that was verified. See this post by calwayer for an explanation: http://www.creditinfocenter.com/community/topic/327543-urgenthelp-plzrec-summons-capital-one-thier-attorney/#comment-1341442

 

Serving (the plaintiff) & filing your answer is a simple process.  Fill out and sign your General Denial & fill out (but don't sign) a proof of service. Here is the proof of service (POS) for serving via mail: http://www.courts.ca.gov/documents/pos030.pdf

Make a copy of both the GD and the POS and give the copies to the person who will serve it (mail it) for you, then have them sign the original POS. They will mail the copies of the GD & unsigned POS to the plaintiff's attorney. Use the address on the summons. Take the originals to the courthouse and get them time stamped, then have them make copies, then file the stamped originals and keep the copies for your records.

* Future note: for most things that you mail to the plaintiff, you will want to use Certified Mail with Return Receipt Requested (CMRRR), but that will not be necessary for this particular mailing. Mail it regular.

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Thank You. I appreciate your help.

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