Jump to content

Received Summons from Portfolio Recovery Associates earlier today. I’m disabled and freaking out. Need advice.


Recommended Posts

20 hours ago, PoorSnuffleupagus said:

If I uploaded what they sent would it help those here see the scope of the case?

Yes it would help to see the documents. This anxiety is probably not going to find relief anytime soon and may increase as the work gets harder and the stakes higher. Calling PRA's attorney to discuss your financial situation was a good suggestion. They may reject it, but you'll know that you tried. Follow the advice given about that conversation.

I sent you a link for Roscommon that includes information about legal aid that may be available if you qualify. An answer to the complaint is due by the 21st day after service. You have the court forms and instructions on how to fill it out. Threads here discuss many of the same issues with examples of what to modify for your case. Under the Michigan rules for pleading, you may file an amended answer within 14 days of filing your first answer. You may file this amended answer without the court's permission or the stipulation of the plaintiff. If you should make an error on the first answer, know that you have an extra 14 days to fix it. An amended answer takes the place of the first answer, as if the first answer never happened. This is covered in the court rules of civil procedure. This "second chance" may take some of the pressure off of you. Everything else you're required to do to fight a case in court will require you to be a fast learner. 

Link to comment
Share on other sites

17 hours ago, PoorSnuffleupagus said:

I spent all day Friday contacting lawyers and only found one that was interested in a consult. The consultation was going to cost me $150.  If I have to I’ll go each and every day to the district court the judge presides in and watch him try cases.

This is further confirmation of what you have been told. These cases are no longer winnable in court. Whatever value lawyers used to add is long gone, hence the lack of free consultations - they aren't going to waste their time telling you what you've heard here. It obviously doesn't help, and probably won't stop you from spending every day in court watching your judge hand down default judgments, but you aren't the victim here, and aren't being played for a sucker. You got sued for a legitimate debt on a card with no arbitration clause - there's no magic "get out of jail free" card. Either accept whatever settlement they offer, file bankruptcy or pay them what you owe. Sometimes those are the only options. 

Link to comment
Share on other sites

On 9/14/2019 at 6:45 PM, Brotherskeeper said:

Yes it would help to see the documents. This anxiety is probably not going to find relief anytime soon and may increase as the work gets harder and the stakes higher. Calling PRA's attorney to discuss your financial situation was a good suggestion. They may reject it, but you'll know that you tried. Follow the advice given about that conversation.

I sent you a link for Roscommon that includes information about legal aid that may be available if you qualify. An answer to the complaint is due by the 21st day after service. You have the court forms and instructions on how to fill it out. Threads here discuss many of the same issues with examples of what to modify for your case. Under the Michigan rules for pleading, you may file an amended answer within 14 days of filing your first answer. You may file this amended answer without the court's permission or the stipulation of the plaintiff. If you should make an error on the first answer, know that you have an extra 14 days to fix it. An amended answer takes the place of the first answer, as if the first answer never happened. This is covered in the court rules of civil procedure. This "second chance" may take some of the pressure off of you. Everything else you're required to do to fight a case in court will require you to be a fast learner. 

@Brotherskeeper I’ve affixed everything I received. I’ll be doing a lot tomorrow thanks to you and @Clydesmom ‘s advice. 

1.) I’ll contact the attorneys office to attempt to work out a settlement; are there any specifics I should ask for? Removal of the item from my credit account, a reduction in the amount owed, monthly payments, and withdrawal of their petition to the court? Anything I should be VERY cautious in admitting?

2.) I’ll be following the legal aid link for Roscommon and seeing if any help is available to me.

3.) Contacting a consumer attorney. Apparently I have one who’s a friend of a good friend to me that’s from Livonia. So I’ll call him and see if they can be of any help.

4.) I’m going to head to the county clerk tomorrow and validate the case number and see if they can offer or have a form I need to fill out. If not I’ll use the one @Brotherskeeper linked. I figured it wouldn’t hurt to at least go down there and explain I’m not a lawyer and see if they can offer what assistance they can.

5.) I’m looking into a way to identify civil cases like this. Does anyone know of a resource? I tried the appropriate links on Michigan websites but it appears they’re not listed. I could only locate appellate cases pertaining to PRA. It’d be nice to find something like lexusnexus so I can A) Look up who if anyone represented these people and B] what their outcomes were. If need be I guess I could file something with the county clerk. 

6.) I’ve got an appointment set up for Thursday with a local attorney who agreed to sit down and chat with me for a few minutes about this particular district and the judge etc.

7.) I’m going to sit down immediately and begin formulating my response.

is there anything I’m missing that I should do?

 

 

 

Link to comment
Share on other sites

31 minutes ago, PoorSnuffleupagus said:

1.) I’ll contact the attorneys office to attempt to work out a settlement; are there any specifics I should ask for? Removal of the item from my credit account, a reduction in the amount owed, monthly payments, and withdrawal of their petition to the court? Anything I should be VERY cautious in admitting?

You do not have to admit anything to settle.  Many times there is a settlement in a lawsuit simply because it is cheaper and easier.  Deletion is about leverage and you have none.  If they don't agree to it do not back out over just that.  If you are going to make payments they will require a consent judgment.  This means if you miss one payment or are late they do not have to sue you.  They can file that judgment with the court and garnish or levy (if legally allowed).  If you are seeing a payment plan they also will require the full amount because they are taking a risk you will default again.

 

Link to comment
Share on other sites

You are being sued on an Account Stated cause of action. You will have to file an affidavit with your Answer. There's a lot of info on Michigan threads here about how to prepare this affidavit. The Complaint was signed on 8/25/19. The attached affidavit of PRA was notarized on 7/24/19. This is more than 10 days in advance of the filing date of the Complaint. Remember, this does not invalidate the PRA affidavit; it merely means the affidavit is not regarded as prima facie evidence. (IANAL)

600.2145 Open account or account stated; proof, counterclaim.
Sec. 2145.

   In all actions brought in any of the courts of this state, to recover the amount due on an open account or upon an account stated, if the plaintiff or someone in his behalf makes an affidavit of the amount due, as near as he can estimate the same, over and above all legal counterclaims and annexes thereto a copy of said account, and cause a copy of said affidavit and account to be served upon the defendant, with a copy of the complaint filed in the cause or with the process by which such action is commenced, such affidavit shall be deemed prima facie evidence of such indebtedness, unless the defendant with his answer, by himself or agent, makes an affidavit and serves a copy thereof on the plaintiff or his attorney, denying the same. If the defendant in any action gives notice, with his answer of a counterclaim founded upon an open account, or upon an account stated, and annexes to such answer and notice a copy of such account, and an affidavit made by himself or by someone in his behalf, showing the amount or balance claimed by the defendant upon such account, and that such amount or balance is justly owing and due to the defendant, or that he is justly entitled to have such account, or said balance thereof, set off against the claim made by said plaintiff, and serves a copy of such account and affidavit, with a copy of such answer and notice, upon the plaintiff or his attorney, such affidavit shall be deemed prima facie evidence of such counterclaim, and of the plaintiff's liability thereon, unless the plaintiff, or someone in his behalf, within 10 days after such service in causes in the circuit court, and before trial in other cases, makes an affidavit denying such account or some part thereof, and the plaintiff's indebtedness or liability thereon and serves a copy thereof upon the defendant or his attorney, and in case of a denial of part of such counterclaim, the defendant's affidavit shall be deemed to be prima facie evidence of such part of the counterclaim as is not denied by the plaintiff's affidavit. Any affidavit in this section mentioned shall be deemed sufficient if the same is made within 10 days next preceding the issuing of the writ or filing of the complaint or answer.

Link to comment
Share on other sites

As far as trade line removal— that won’t happen. The chances they will agree are almost zero. 

One time PRA had one of my accounts.  They didn’t sue, since they did not have a winning case.   I offered them a choice between me paying 100% with a trade line removal or 0% with no removal. They chose to keep the trade line and get no money.  

Link to comment
Share on other sites

21 hours ago, PoorSnuffleupagus said:

I’ll contact the attorneys office to attempt to work out a settlement; are there any specifics I should ask for?

The conversation will be very one sided. They will most likely offer to set a up payment plan (with a stipulated judgement) for the full amount, or offer some token discount for a lump sum payment.

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.