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vasuba

Sued in Arizona by PRA. Assistance Requested

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1.       Who is the named plaintiff in the suit?

Portfolio Recovery Assets, LLC (PRA)

2. What is the name of the law firm handling the suit?

Portfolio Recovery Assets, LLC (PRA)

Arika B Hover

Michael N Chalhoub

Jacqueline E Ligas

3. How much are you being sued for?

2,337.12

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

CitiBank N.A.

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

 Served Papers

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

 In Person Delivery

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? Received Letter in mail stating Pay us or we will sue.

9. What state and county do you live in?

Maricopa County, Arizona

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

 Oct 10 2016

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

Feb 14, 2013

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

6 years

13. 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

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

15. 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. Initial Letter Threatened legal action and then some time later Summons arrived.

16. 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?

20 days from being served.

Complaints list:

1.       Plaintiff is a Delaware LLC with its principal place of business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502, and is authorized to do business in Arizona

2.       Upon information and belief, the Defendant is a resident of Maricopa County and reside within the Justice Court precinct where lawsuit has been filed. This Justice COurt precinct has legal authority over the subject Matter of the claims and over the Defendant.

3.       Defendant Jane/John Doe, if any, is a fictitious Defendant named for the purposes of binding the marital community of any named Defendant.

4.       Defendant opened a credit card account with CITIBANK N.A./CITIBANK, N A.

5.       Defendant, or a person authorized by Defendant, used said credit card account, making charges, to purchase goods and/or services or to obtain cash advances. Pursuant to A.R.S 44-7803, the defendant is/are liable for all charges and interest incurred on the credit card account the defendant o any applicable authorized user.

6.       CITIBANK, N A /CITIBANK, N.A regularly sent account billing statements to Defendant, which included the amount due and owing on the account.

7.       Upon Information and belief, Defendant made no objection to, and did not dispute with CITIBANK, NA. CITIBANK, NA, the amount due and owing on the account, as provided in the regular account billing statements.

8.       Defendant failed to pay the amount due and owing on the account as agreed, leaving a balance of $2,337.12 due and owing on the account.

9.       Plaintiff thereafter took an assignment of the account in good faith, for value, and in the regular course of business.

10.   Defendant are indebted to Plaintiff in the Principal amount of $2,337.12.

11.   Plaintiff demanded that Defendant pay the amount due and owing on the account and Defendant refused or failed to do the same.

12.   Upon Information and belief, there are no unknown payments, offsets, or other credits as of the date of this filing.

Wherefore, Plaintiff prays for Judgment against Defendant, both separately and as a community, if applicable, for the amount stated above, together with costs incurred pursuant to A R.S 12-341, and such other relief as the Court deems just and proper. Plaintiff waives all post charge-off interest in this matter.

 

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

They attached No Evidence or exhibits. Attached to Summons is simply their complaint. There is no account number provided or anything. The amount they claim owed is different than the value that Citibank Charged off.

 

For Extra clarification. I had begun the process of settling this debt with another Collector who reached out on a Settlement offer. This other Collector actually has the proper amount as charged off by CITIBANK and account number etc. This immediately raises a lot of questions as it seems like CITIBANK has sold the debt to apparently multiple collectors. What recourse do I have when I am in the process of settlement with another when Portfolio Recovery comes charging in with a lawsuit?

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10 hours ago, vasuba said:

For Extra clarification. I had begun the process of settling this debt with another Collector who reached out on a Settlement offer. This other Collector actually has the proper amount as charged off by CITIBANK and account number etc. This immediately raises a lot of questions as it seems like CITIBANK has sold the debt to apparently multiple collectors. What recourse do I have when I am in the process of settlement with another when Portfolio Recovery comes charging in with a lawsuit?

Citi could have used a third-party collections firm, while still owning the debt. When that didn't pan out, they sold it to PRA.

You need to start with reading the "Arbitration" Sticky Post: Arbitration Lesson

The arbitration strategy has proven 100% effective in Arizona. First, we have a specific court called "Small Claims," and that is not where they sued, so they can't use "small claims" carve out from CC agreement. Second, we recently got an appellate ruling affirming the right (and preference) to arbitrate these claims. None of this will make sense until you read the thread, but yours is a totally winnable case, as long as you follow arbitration strategy and don't litigate in court. Others will chime in with your exact steps - how to answer and file a motion for arbitration, etc.

 

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13 hours ago, vasuba said:

This immediately raises a lot of questions as it seems like CITIBANK has sold the debt to apparently multiple collectors. What recourse do I have when I am in the process of settlement with another when Portfolio Recovery comes charging in with a lawsuit?

I know you are feeling an urge to 'sick it to them', but if you want to put this debt behind you, you have to fight that urge. You can have PRA dismissing this lawsuit in 2 months if you follow the arbitration strategy Goody linked to. Seriously. It is that easy. The only possible hitch is if the court blows it and doesn't grant the MTC. In that case, you appeal with guaranteed results in your favor. 

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