Pixie

Please help boyfriend being sued by Portfolio Recovery in Florida

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Help, my boyfriend is being sued by Portfolio Recovery Associates in Florida. We don’t have much information to go on but included the questionnaire below.

 

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.)

 

Michael David Kaminski

 

3. How much are you being sued for?

 

Not sure, my boy friend haven’t been served as of yet, all I know it’s with smalls claims court.

 

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

Just found out it’s for Citibank but not sure what kind of account.

 

 

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

 

When I visited my boyfriend I noticed all the post cards from attorneys soliciting service and it reminded me of when some one gets a ticket. Asked if someone sued him he said no then I decided to search via clerks of court online and say that there’s a filing. He have not been served.

 

 

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

N/A at the time of writing this due per answer in question #5

 

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

 

N/A at the time of writing this due per answer in question #5

 

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?

 

None, never done any kind of business with Portfolio Recovery

 

9. What state and county do you live in?

 

Florida [Miami]

 

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

 

Clueless here as we don’t even know what account this suit is pertaining to. Would like to know how we can find out.

 

 

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

 

N/A at the time of writing this due per answer in question #10

 

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

 

N/A at the time of writing this due per answer in question #10

Edited by Pixie
Found out who the OC is.

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Best way to deal with this would be arbitration, provided it's an option in the original contract.  Until we know the original creditor, we don't know if it's an option and can't really recommend a strategy. 

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Do you have any recommendation on finding out who the OC is?  I’m really skeptical on calling Portfolio and asking and don’t want to open a can of worms. 

Edit:

I did more digging. I used Credit Karma and it shows this was originally from CitiBank, I then went to Transunion and it shows the same. Shows PRA and  that the debt was from Citi Bank but no where on his credit profile that shows  the original account from Citi.

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1 hour ago, Pixie said:

Do you have any recommendation on finding out who the OC is?  I’m really skeptical on calling Portfolio and asking and don’t want to open a can of worms. 

 He can go to the courthouse to look at a copy of the complaint. 

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10 minutes ago, BV80 said:

 He can go to the courthouse to look at a copy of the complaint. 

 Omg I’m such a dud, just went back on the clerk of court website and found the information I needed. It is indeed for Citi but not sure what kind of account. 

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11 minutes ago, Pixie said:

 Omg I’m such a dud, just went back on the clerk of court website and found the information I needed. It is indeed for Citi but not sure what kind of account. 

Okay, the problem with CITI is they have an exclusion in their card agreements that arbitration cannot be used in small claims cases.  Was this case filed in FL small claims court?

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Yes, it was filed in Fl small claims court. Does this mean that we would definitely need an attorney or pay for something he honestly doesn’t know about/ recall? 

 

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An attorney will cost the same as the debt they are suing you for. And you'll probably still end up paying the debt. 

I'd be thinking about how much you can afford to offer in settlement. 

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58 minutes ago, Pixie said:

 Omg I’m such a dud, just went back on the clerk of court website and found the information I needed. It is indeed for Citi but not sure what kind of account. 

Once he’s been served, let us know exactly what is written in the complaint and the evidence that was attached.

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