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I am being sued by Portfolio Recovery in California. I filed my answer today using the General Denial form checking that I denied all allegations in the complaint. I did not assert any affirmative defenses, leaving that part blank. Now I’m reading that I should have. Should I amend my answer to add the affirmative defense of lack of standing? 

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Welcome to the boards.  @RyanEX and @sadinca are from your state.  Hopefully, they’ll be along to help you.

In the meantime, it would help if you would copy and answer the questions in the link.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

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17 hours ago, CCmommy said:
 

I am being sued by Portfolio Recovery in California. I filed my answer today using the General Denial form checking that I denied all allegations in the complaint. I did not assert any affirmative defenses, leaving that part blank. Now I’m reading that I should have. Should I amend my answer to add the affirmative defense of lack of standing? 

Welcome to CIC!

It will help us if you start your own thread as @BV80 suggests. In the meantime, regarding affirmative defenses, if you thought the debt might be beyond the statute of limitations I'd definitely want assert that affirmative defense; but I don't think I've seen much success asserting the other affirmative defenses.

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Thank you! Here is my info. 

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.)

Jordan D Cook

3. How much are you being sued for?

$6500

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. Phone calls in which I didn’t answer. 

9. What state and county do you live in? California, Los Angeles

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2017

11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014

12. What is the SOL on the debt? To find out: 4 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). I filed a general denial. Just checked box, not sure if I should have listed any affirmative defenses.

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

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? Already answered. Have not yet received any discovery.

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. 2 statements one of which is final, last page which has “your account has been charged off it is now being serviced by the recoveries dept.”

18.  How did you find out about this site? Search 

 

I’m not sure about my next step. Cause of action is Account Stated. I’m a little worried because from reading it is my understanding that I cannot send a demand for a Bill of Particulars because it is account stated and I also cannot compel arbitration because my original account was through Capital One.

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