WhatsUpDoc Posted December 18, 2018 Report Share Posted December 18, 2018 Last week I received my summons by Portfolio Recovery Associates, LLC. Today at court I told the Judge I am contesting the lawsuit so now PRA, LLC has to send me everything they have. First I've been reading a lot of resources on this forums so thank you for the information you folks have provided. So, I am going to contest that PRA, LLC actually owns the Account because on the Bill of Sale there is no account number, nothing that points to my account with Synchrony Bank. Basically is just looks like a "bulk" bill of sale. How would I write up my rebuttal(s) to contest this along with other things? Here is what I've found so far, on the Summons and Court Docs Its Portfolio Recovery Associates, LLC that has the lawsuit. Whenever I decided to go to The Office Financial Regulation for Florida and did a search for "Portfolio Recovery Associates, LLC nothing is coming up on the search. Don't they have to be licensed here in Florida in order to even do business to attempt to collect the debt? If they do not have a license here in Florida shouldn't this lawsuit be dismissed? I understand these companies may have a parent name and child branches but even the child branches must have a license. Am I correct about this? I have already wrote up my objection that any witnesses that the attorney will be using MUST be present in the courtroom. I found that in this topic: Also can somebody explain in easy terms what does "notice of assignment" actually mean? I never received anything from Portfolio Recovery Associates, LLC that they bought the account from Synchrony Bank, actually I don't recall receiving anything. Even if I did they cannot proved I received anything because they did not send it certified nor registered to proved I received it. I have never talked with them ever on the phone nor did I ever even correspond with them in anyway. I do not answer my phone, I don't care who it is. They never left messages, nothing. Also I noticed in the Statement of Claim and even as evidence it only shows 4 numbers of the account number and the rest of the account number has been inked out/redacted. Is this something I can contest? How can they say I owe them a certain amount when nothing they have given shows the full account number which is an identifier. I told the judge I as contesting the legality of the ownership of this account because nothing PRA, LLC has provided proves they legally own the account. He smiled at me and I could tell he was thinking "FINALLY SOMEBODY WHO IS WILLING TO STAND UP TO THESE FOLKS"!!!! Anyway, any help will be appreciated very much and thank you in advance as my continuance is Feb 20, 2019. I need to know do I file any rebuttal with the Clerk of Courts or wait until the trial date and present everything during court? I want to back PRA, LLC against the wall that will force them to drop the case or the Judge dismisses it with prejudice... I can scan and provide anything needed without case number and other things that don't need to be made public, just let me know. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 18, 2018 Report Share Posted December 18, 2018 18 minutes ago, WhatsUpDoc said: I am going to contest that PRA, LLC actually owns the Account because on the Bill of Sale there is no account number, nothing that points to my account with Synchrony Bank. If you don't have it already, there is an affidavit that identifies your account as one that was sold in the pool. 18 minutes ago, WhatsUpDoc said: I found that in this topic: Did you notice the thread you linked to is over 4 years old? Things don't work that way anymore. 18 minutes ago, WhatsUpDoc said: I could tell he was thinking "FINALLY SOMEBODY WHO IS WILLING TO STAND UP TO THESE FOLKS"!!!! Probably more like "hopefully it won't be too pathetic watching you get crushed by opposing counsel." In all seriousness, your chances of beating this in court are less than 10%. Your best shot is going to be using arbitration. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Quote Link to comment Share on other sites More sharing options...
WhatsUpDoc Posted December 18, 2018 Author Report Share Posted December 18, 2018 It doesn’t matter if the Judge sides with the Plaintiff or not or even orders a Judgement my bank account and estate cannot be touched and is protected by 38 U.S. Code § 5301 - Nonassignability and exempt status of benefits Any vets out there do not allow any judge to touch your VA Comp or SSDI Comp, they cannot touch it, only for child support can they touch them. Other than that I have nothing they can get!!!! We will see what they send me if the full account number is not on there if not they won’t have a case. Again Debt Collectors MUST FILE in Florida with the Office of Financial Regulations and they didn’t, I have a printed copy showing no results found for Portfolio Recovery Associates, LLC. Without that license they cannot even attempt to collect anything and I may file a counter suit for harassment based on this. I will wait until they send me everything in the discovery. Thanks for the info. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 18, 2018 Report Share Posted December 18, 2018 51 minutes ago, WhatsUpDoc said: It doesn’t matter if the Judge sides with the Plaintiff or not or even orders a Judgement my bank account and estate cannot be touched and is protected by 38 U.S. Code § 5301 - Nonassignability and exempt status of benefits Any vets out there do not allow any judge to touch your VA Comp or SSDI Comp, they cannot touch it, only for child support can they touch them. Other than that I have nothing they can get!!!! We will see what they send me if the full account number is not on there if not they won’t have a case. Again Debt Collectors MUST FILE in Florida with the Office of Financial Regulations and they didn’t, I have a printed copy showing no results found for Portfolio Recovery Associates, LLC. Without that license they cannot even attempt to collect anything and I may file a counter suit for harassment based on this. I will wait until they send me everything in the discovery. Thanks for the info. They are registered. https://real.flofr.com/datamart/list.do?anchor=ef11427.0 Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 18, 2018 Report Share Posted December 18, 2018 1 hour ago, WhatsUpDoc said: if the full account number is not on there if not they won’t have a case. They will show the court a pile of account statements with your name and address on them. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 18, 2018 Report Share Posted December 18, 2018 1 hour ago, WhatsUpDoc said: Don't they have to be licensed here in Florida in order to even do business to attempt to collect the debt? To send dunning letters: yes. To use the courts: no. ANYONE can come to town and file a suit against a business or resident of FL. 1 hour ago, WhatsUpDoc said: If they do not have a license here in Florida shouldn't this lawsuit be dismissed? NO. I guarantee you they DO have a license you are just not finding how it is listed. 1 hour ago, WhatsUpDoc said: I have already wrote up my objection that any witnesses that the attorney will be using MUST be present in the courtroom. Not going to happen. The new business records exemption laws got rid of that requirement. The ONLY state where that is still possible is California. 1 hour ago, WhatsUpDoc said: Even if I did they cannot proved I received anything because they did not send it certified nor registered to proved I received it. The law does not require they prove you received it. Only that they made a reasonable attempt to send it. Copies of letters from Synchrony and/or them to you stating the account was sold will be sufficient. 1 hour ago, WhatsUpDoc said: He smiled at me and I could tell he was thinking "FINALLY SOMEBODY WHO IS WILLING TO STAND UP TO THESE FOLKS"!!!! OR he is laughing because he has heard this thousands of times before and knows it is garbage and pointless. 1 hour ago, WhatsUpDoc said: I want to back PRA, LLC against the wall that will force them to drop the case or the Judge dismisses it with prejudice... And I want to be 25 years old, 5'10 and a size 4 with double D boobs. Not going to happen. The ONLY thing that will get PRA to back down is an approved motion to compel arbitration. All the other stuff you have ranted about will not even make them blink. 1 hour ago, WhatsUpDoc said: Other than that I have nothing they can get!!!! If you are collection proof then why worry about it? 1 hour ago, WhatsUpDoc said: Again Debt Collectors MUST FILE in Florida with the Office of Financial Regulations and they didn’t, I have a printed copy showing no results found for Portfolio Recovery Associates, LLC. As @BV80 linked: they are registered. Even if they were not they can still avail themselves of the courts. File a motion to compel arbitration and move on. Quote Link to comment Share on other sites More sharing options...
WhatsUpDoc Posted December 18, 2018 Author Report Share Posted December 18, 2018 54 minutes ago, BV80 said: They are registered. https://real.flofr.com/datamart/list.do?anchor=ef11427.0 The same name on the court documents does not show up nor the link u provided shows anything. I will look again. And your correct I shouldn’t even worry about it and will give the judge the copy of the Fed Code exempting my compensation and estate since everything in my estate is paid for with the VA Comp. you said even even if they were not registered they can show up in the courts but they cannot use any dunny letters they said they used because they can’t say they sent out the letters. Can you provide a link to where Witnesses was changed because I’m still seeing that ALL parties must agree. Last they best have the full account number on those statements because anything redacted or inked out would be a cause for dismissal? I dont like predatory debt collectors because they prey on people. I seen it first hand in the court room today. I guess I need to see if I had the disability type insurance on that account whenever I first got it because I became to disable to work any longer and we’ll if I did then Synchrony Bank may have to get back involved. I don’t let ppl push me around so that’s why I’m putting up a fight. I may talk with a witness PRA called and threatened to put me in jail saying they had a warrant sometime ago. I just laughed it off and the witness who I talked with today said they would testify to that fact. PRA made the wrong move by telling the witness who they were. Yes I know I can file a complaint but most of the time nothing is ever done. They threaten to put me in jail for a $685 debt? Lol bunch of predators is all they are. Quote Link to comment Share on other sites More sharing options...
WhatsUpDoc Posted December 18, 2018 Author Report Share Posted December 18, 2018 Also can you explain the arbitration process? Also I just searched again and seen they were registered as PORTFOLIO RECOVERY ASSOCIATES LLC not what as is shown on the SOC of PORTFOLIO RECOVERY ASSOCIATES, LLC.....lol if I was an inmate in prison I'm sure I could have the case thrown out for technical error!!!!! Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 18, 2018 Report Share Posted December 18, 2018 13 minutes ago, WhatsUpDoc said: Also can you explain the arbitration process? Also I just searched again and seen they were registered as PORTFOLIO RECOVERY ASSOCIATES LLC not what as is shown on the SOC of PORTFOLIO RECOVERY ASSOCIATES, LLC.....lol if I was an inmate in prison I'm sure I could have the case thrown out for technical error!!!!! How are they listed on the complaint? Quote Link to comment Share on other sites More sharing options...
WhatsUpDoc Posted December 18, 2018 Author Report Share Posted December 18, 2018 3 minutes ago, BV80 said: How are they listed on the complaint? Exactly like this "PORTFOLIO RECOVERY ASSOCIATES, LLC Whenever I looked them up to see if they were registered I used exactly whats in the complaint and it did not show anything but whenever I searched again using "PORTFOLIO RECOVERY ASSOCIATES LLC" it showed up. I know something about the laws but I am behind because I haven't work as LEO for 10 years now so I am way, way behind in the laws and rules of courts now. Yes I use to in the court system, take inmates to the courts and whenever I left doing that I ended up working in a Facility and worked in transport taking Sexually Violent Predators to Civil Courts all over Florida and if they were found to be a SVP then they would have to stay at the facility until such time the courts deemed them no longer a danger to society. Crazy huh? Quote Link to comment Share on other sites More sharing options...
WhatsUpDoc Posted December 18, 2018 Author Report Share Posted December 18, 2018 I may retain an attorney to go ahead and file for Bankruptcy!!! In Florida we cannot use the Federal Exemptions but Florida appear to have more exemptions. I didn't expect to go out on disability like this and I should have filed some time ago. Its a whole different ball game whenever you cannot work and are disabled. You end up spending more money on medical needs more than anything else, its crazy. Insurance reform is NOT what was needed years ago, its the whole medical field itself that needed and still needs reforming. I mean you go to the ER and get a bill for $50 for a band aid!!! That is a true story that has happened too many times here in Florida mainly by a certain hospital I will not name.... Filing Bankruptcy will keep PRA and others off my back plus with my VA Comp and SSDI exempted I need to start over. I never filed filed for Bankruptcy, ever, so I consider myself lucky. But now, I guess I may go ahead with it and call an attorney tomorrow. Quote Link to comment Share on other sites More sharing options...
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