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mkb1

No CC agreement in filing- IN

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Looking through the forums, it seems that PRA is on a roll this month.

 

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, LLC

3. How much are you being sued for? $6071

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

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

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

9. What state and county do you live in? - Indiana, Hendricks

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016

11. When did you open the account (looking to establish what card agreement may be applicable)? 2013

12. What is the SOL on the debt? To find out: 10 Years

Statute of Limitations on Debts

13. 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). Pending

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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No

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 after service- have about 2 weeks left.

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

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

Summons, e-file appearance paperwork, complaint, very generic bill of sale from Capital One, a page of a statement from 2016, an affidavit of debt.

 

I have two questions on this one:

1) There was no cardholder agreement included in the court papers.  I'm having a hard time even finding one online for Capital One in 2013.  If I do find one, can I include that in my response, as well as a motion to compel arbitration?

2) The Indiana state website took me to a small claims court page, which lead me to a handbook page. ( https://www.in.gov/judiciary/files/small-claims-manual.pdf ) The handbook says that small claims can only be filed up to $6,000.  Should I do anything about the fact that I'm being sued for more than the maximum amount?

 

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Cap One took arb out of its agreements.

Are you being sued in small claims court?  If so, you could file a motion to dismiss for lack of small claims jurisdiction.  But first make sure you really are in small claims court.

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Thanks for the reply.

Yes, I'm being sued in small claims.  I still haven't found a cardholder agreement, either.

The complaint itself is confusing, because it says "Comes the plaintiff, the Creditor herein, by Counsel, and for a Complaint..."  The plaintiff on the cover sheet is PRA.  PRA is represented by counsel named in the complaint.  PRA bought the debt, according to the bill of sale submitted as evidence.  The complaint even says "The original creditor is Capital One Bank (etc.) and Plaintiff is the assignee of the Account." 

So, which is it?  Is PRA presenting themselves as creditor, assignee, or both?

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Update: I filed my answer, and a motion to dismiss for lack of small claims jurisdiction. The judge ordered a hearing for next month.

I’m off to read about what to do next. This will be a first for me.

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Update #2: after some back-and-forth, the judge has ordered a bench trial to take place in August.

The PRA lawyer left me a voice mail last week. He said that he had some information that I would find “important,” and he left his direct phone number. I’ve never heard of such a thing happening. Do lawyers actually call defendants personally to offer settlements? I’m very hesitant to call back.

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