BrendaG

Being Sued in SC by PRA

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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.)

Sessoms & Rogers (for one)

Scott & Associates (two)

They served with me two within days of each other.

 

3. How much are you being sued for?

Sessoms & Rogers - $4,407.15

Scott & Associates - $1,927.31

 

4. Who is the original creditor?

Sessoms & Rogers - Lowe's

Scott & Associates - Amazon

 

5. How do you know you are being sued? 

Served a summons

 

6. How were you served? 

In person - gave it to my son

 

7. Was the service legal as required by your state?

Yes

 

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?

South Carolina / Spartanburg

 

10. When is the last time you paid on this account? 

Sessom & Rogers - 2/5/17

Scott and Associates - 12/08/16

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

Sessom & Rogers - 5/24/15

Scott and Associates -5/13/15

 

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

3 years

 

13. What is the status of your case?

Court Date scheduled 10/10/19

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?

No, made a general denial to the original summons and received Sessoms & Rogers stating "Please review the following as verification of this debt"

 

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 responded.

 

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

Scott & Associates:  Itemization of Account filed with court; Affidavit signed by Portfolio Recovery; Bill of Sale dated 8/18/17; A database form with no identifying marks on the database form; 3 copies of statement summary

Sessoms & Rogers:  Affidavit from Portfolio Recovery; Affidavit and Itemization of Account filed with court; Affidavit of Non-Military Service; Status Report Pursuant to Servicemembers Civil Relief Act; After I made the general denial, they sent me the letter and enclosed statement summaries, a bill of sale, a database form (with no identifying marks on the database form)


It looks bad doesn't it?  I was going to try to do a MTC Arbitration, but I cannot find a copy of Synchrony Bank's 2015 Credit Card Agreement.  The Consumer Finance website, only lists the 2019 agreement for Synchrony bank.  

Any advice on how I move forward?  

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Not bad.  

Just file an MTC with the 2019 agreements.  

I once had a law firm file an opposition to my MTC on the grounds I had the wrong agreement.  My reply was to point out that the agreement they sent in had, word for word, precisely the same arbitration agreement.  

I beat Cap 1 that way, back when Cap 1 still had an arbitration agreement. 

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Just as clarification:  The itemization of account they filed is basically a statement saying:  Principal / Interest / Court Costs / Process Server Fees / Total

Then it states "Copies of bills, papers or other proof of any of the above accounts should be attached to this document."

Also, I realize that I am essentially what is termed "Judgement Proof" in SC.

I do own a home:  Purchased in 2013 for $79,000 still owe $70,000 (it was appraised at $83,000 at the time of purchase.)  I do not have the $50,000 equity built up in it.

Car is a 2011 with 200,000 miles Kelly Bluebook value is $886 - $1000 (well below the $5000 allowed)

I don't have many of the items they list, but personal belongings may bring about $3000 at yard sale value

So I'm not overly concerned with them taking anything, but just don't want that judgement sitting on me for 10 years if I can beat it.  

Also, Portfolio Recovery called me twice after they started suing me.  I didn't answer the phone but called the numbers back from another phone number and it was an automated answer regarding Portfolio Recovery.

 

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5 minutes ago, BackFromTheDebt said:

Not bad.  

Just file an MTC with the 2019 agreements.  

I once had a law firm file an opposition to my MTC on the grounds I had the wrong agreement.  My reply was to point out that the agreement they sent in had, word for word, precisely the same arbitration agreement.  

I beat Cap 1 that way, back when Cap 1 still had an arbitration agreement. 

Thank you!  I will do that.  From what I can remember, it is the same arbitration agreement that they've always had.  I don't think Synchrony Bank has changed their agreement.

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Another question:  Do I need to file the MTC prior to the court date or take it to court with me?  Should I go ahead and file with JAMS now and take that documentation to court with me?

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I don’t know the rules for civil procedure in your state. In some cases they vary from county to county.  

Find out how to answer a complaint.  In most states (not Florida) you should file a general denial with an affirmative defense of lack of proper venue because of arbitration.  Also, file a MTC at the same time.  There are good templates on this forum if you search for them. 

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