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Being Sued By Portfolio Recovery Associates in CA


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Hi All,

My girlfriend showed me her suit that she received, regarding credit card debt from US BANK that PRA had bought. They are now suing her and I am trying to help her as best as possible. Please let me know how to proceed and what to do. They attached 2 credit card statements to the packet. She received the suit on 6/10/18.

Thank you 

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11 hours ago, Harry Seaward said:

1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Hunt and Henriques Attorneys at Law

3. How much are you being sued for?

$5,015.14

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

U.S BANK

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

Yes

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

Sister in law was served in person the papers, then she gave them to me

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

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? Just a few letters

9. What state and county do you live in? San Bernardino, CA

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

September 2016?

11. When did you open the account? (looking to see which agreement/contract may be applied) 2015

12. When did you open the account (looking to establish what card agreement may be applicable)? 2015

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

4 years

Statute of Limitations on Debts

14. 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). Suit served – have until July 10th to respond

15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

16. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No

17. 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? Have until July 10th to respond

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

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

2 statements from U.S bank were attached. One was for the amount they are suing for and the statement date is June 2017. I went to U.S bank yesterday to get statements and the amount they show I owe is $4,200 and It was as of June 2018

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There are some folks on this forum from California.  Hopefully one or more of them will chime in soon.  

In the meantime, there are two things that you need to look at.

1. Does US Bank have an arbitration agreement you can use in this court?  If so, look up on this forum how to file a MTC for arbitration.  If you can take this out of court and into arbitration, then PRA will almost certainly run away,

 

2.  It does appear there is something hinkey with the statements,  They produced a statement, and you have a statement with a later date, and a lower amount.  It looks like they are trying to get more money then they are entitled to.  This could be the root of all kinds of FDCPA and FCRA violations.  Especially if you can come up with records from your bank that show you made payments past that date.  

I have no idea how a judge would react to that.  Some would just award them the lower amount.  If you play it right, perhaps you show that this is the latest you have, but there may be others, you can completely destroy their arguments.  I had a case in arbitration where the other side agreed to a mutual walkaway when I showed they had later statements that contradicted the statements they had.  

So, counterclaims for FDCPA and FCRA violations would appear to be in order.  At this point, even without arbitration, you could have some good negotiating power.  You don't know what will happen, but then neither do they.  

It depends on how you play this.  Make sure you have notarized  that these later statements are correct statements.  

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  • 3 weeks later...
On 6/26/2018 at 11:12 AM, Jwild909 said:

Hi All,

My girlfriend showed me her suit that she received, regarding credit card debt from US BANK that PRA had bought. They are now suing her and I am trying to help her as best as possible. Please let me know how to proceed and what to do. They attached 2 credit card statements to the packet. She received the suit on 6/10/18.

Thank you 

Di you answer in-time?

Sorry I saw this late.

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