Beth2019

Portfolio Recovery Debt Missed the 30 Day Window

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I was sued by portfolio recovery associates and served in November 2018. I did not respond within the 30 day period. There is a order to show cause why sanctions should not be issued against plaintiff for failure to file default judgement scheduled for December 2019. As of today 4/29/2019 a default has yet to be issued against me. Is there anything I can do at this point to prevent this default from being issued? Is there no answer that I can send after the 30 day window? Will showing up in court even help me?

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YES! Answer now!! Today if you can.

You didn't lose your chance to answer because you didn't get it in within 30 days, you can still answer - but it's a race as to who files first, you with your answer or Portfolio with a request for default. Whoever gets it in first wins, so to speak.

I don't have any details regarding your case - if the complaint is unverified then you can use the General Denial https://www.courts.ca.gov/documents/pld050.pdf. It's a simple form, just your name & case info and a check box + signature. Fill it out along with a proof of service https://www.courts.ca.gov/documents/pos030.pdf , make copies of both. File the GD & POS with your court and then send plaintiff the copies. (Normally the proper procedure is to have the copies mailed first & then file - but you're up against the clock, prioritize filing but get them both done same day). It's very important you file your answer before Portfolio takes files for default.

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You will need to pay the filing fee when you go. Don't remember the amount, but it would be the same amount that Portfolio paid. If you don't have the money, fill out a fee waiver request, even if you don't qualify - it'll buy you time to get $ together and allow you to file the answer.

http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT010.PDF

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Ok,

I had a friend who is not a party to the action signed the POS and sent a copy of it along with the denial to the plaintiff. I then filed the POS and the denial along with the fee waiver with the courts. I was given an MSC date on 12/12/19. I was told by the clerk that I do not need to attend the OSC hearing on 12/6/2019 because that is solely for the plaintiff. Is that true and correct?

At this point I am wondering how likely it is that the court will issue a dismissal sanction against the plaintiff on 12/06/2019 given that I filed my response before they filed their denial. Does that happen often? If not is it common that the plaintiff will offer a more reasonable settlement to me prior to the MSC in order to avoid attending court?

The only lawful denial I could reference in my answer was to the claim that the plaintiff got my current address from the original debtor. The original debtor never had this address because I was not affiliated with it prior to the purchase of the debt. I doubt this is cause enough for the judge to dismiss the complaint. My reason for fighting this is that I simply do not have the funds to pay the settlement offer that they have offered, even if I were to pay payments. I doubt the judge cares that I struggle with various health issues that limit my ability to work and pay off this debt. For these reasons I am not sure what to say at the MSC if it end up happening.

Your thoughts would be appreciated.

Thank you!

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12 hours ago, Beth2019 said:

Ok,

I had a friend who is not a party to the action signed the POS and sent a copy of it along with the denial to the plaintiff. I then filed the POS and the denial along with the fee waiver with the courts. I was given an MSC date on 12/12/19. I was told by the clerk that I do not need to attend the OSC hearing on 12/6/2019 because that is solely for the plaintiff. Is that true and correct?

I wouldn't worry about the OSC hearing.

At this point I am wondering how likely it is that the court will issue a dismissal sanction against the plaintiff on 12/06/2019 given that I filed my response before they filed their denial. Does that happen often? If not is it common that the plaintiff will offer a more reasonable settlement to me prior to the MSC in order to avoid attending court?

Not likely, haven't seen that happen. It's doubtful they will offer a reasonable settlement - but the best they will do, will not come until right before trial. They simply don't operate any other way. I'd focus on learning on to fight. You have plenty of time to learn and against a junk debt buyer like Portfolio, you have favorable laws on your side.

The only lawful denial I could reference in my answer was to the claim that the plaintiff got my current address from the original debtor. The original debtor never had this address because I was not affiliated with it prior to the purchase of the debt. I doubt this is cause enough for the judge to dismiss the complaint. My reason for fighting this is that I simply do not have the funds to pay the settlement offer that they have offered, even if I were to pay payments. I doubt the judge cares that I struggle with various health issues that limit my ability to work and pay off this debt. For these reasons I am not sure what to say at the MSC if it end up happening.

How did you word that, exactly? In the future, I wouldn't acknowledge any connection to the original creditor in relation to the account. That can hurt you. Let them prove that you're connected to them, don't help. No, the judge won't dismiss for that reason. The judge may or may not care about your struggles, but that is immaterial to the alleged debt. This is all about the law; what they can prove & what they can't. The CA code favors someone like you in cases like these. You just need to learn how - plenty of time to do that.

In the meantime read this thread, it'll give you the basics: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

 

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To answer your question. In portfolios claim they wrote...

”the name and last known address of the defendant as they appeared in the charge-off creditors records prior to the sale of the debt: my info here”

in my denial I wrote 

“In response to paragraph # of plaintiffs complaint defendants deny the allegations contained therein.”

on a side note when I submitted my pos and denial the clerk put that my lawyer is portfolio. Rather than writing pro se in the section where my lawyers name should be she wrote portfolios name. I realized this after the fact. Do I need to go back and let them know that needs to be fixed?

 

 

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