travelnomad

Being sued by Portfolio Recovery Associates - Clay County Clerk of Courts - Jacksonville, FL

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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? Rausch Sturm – Sarah Catherine Daley (Main Attorney)

3. How much are you being sued for? $1287.00 plus court costs

4. Who is the original creditor? Synchrony Bank

5. How do you know you are being sued? I have being receiving advertisements from attorneys stating I am being sued. I looked it up online to find out the information. 

6. How were you served? I have not yet been served; the address they have is for a Private Mailbox company that I have been utilizing while overseas.

7. Was the service legal as required by your state? n/a; not sure as I am a Georgia resident and this is in the Clay County Courts

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 

9. What state and county do you live in? Just returned from living overseas. Currently staying with family in Maryland due to the pandemic. But I am a Georgia resident with a Private Mailbox (PMB), the company is based in Green Cove Springs, FL but I do not live there, yet it appears they served the mail company since they are attempting to sue in Clay County.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 

11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure.

12. What is the SOL on the debt? 4-6 years I think.  

13. What is the status of your case? It appears it is a summons for a pre-trial conference and it does not provide any details that an answer is allowed. Again, I have not yet been officially served so I am waiting to see if it will be served to the private mailbox company. The summons was issued on 4/8/2020 but it has not been attempted as of yet.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I might have years ago but do not recall. 

15. Did you request debt validation before the suit was filed? No.

16. How long do you have to respond to the suit? A date for pre-trial conference has been set for June 9, 2020. 

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I will provide updates if the company notifies that they have been served for me.

 

To reiterate, I am not a Clay County or Florida resident and they are attempting to sue me through them on the basis of a PMB I use that is based in Green Cove Springs, FL. I am shocked they are still allowing debt collectors to pursue debts during the current crisis. 

All advice is greatly appreciated. 

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On 4/22/2020 at 9:30 AM, travelnomad said:

I am shocked they are still allowing debt collectors to pursue debts during the current crisis.

Why?  Money owed is money owed.  A pandemic is not a get out of jail free card.  Getting a court date is another matter entirely, but a pandemic presents no logical reason why a creditor can't sue a debtor.

At any rate, considering that Synchrony is the original creditor, arbitration is your get out of debt free card.  
https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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24 minutes ago, Harry Seaward said:

Why?  Money owed is money owed.  A pandemic is not a get out of jail free card.  Getting a court date is another matter entirely, but a pandemic presents no logical reason why a creditor can't sue a debtor.

At any rate, considering that Synchrony is the original creditor, arbitration is your get out of debt free card.  
https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

To clarify, I wasn’t implying that the debt shouldn’t be pursued entirely only to further express that many people have been affected by this situation including my family. It’s causing financial challenges across the board and debt owed is no different but it will be more difficult to pay now more than ever. Nonetheless, thanks for your input. 

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1 hour ago, travelnomad said:

I wasn’t implying that the debt shouldn’t be pursued entirely only to further express that many people have been affected by this situation including my family. It’s causing financial challenges across the board and debt owed is no different but it will be more difficult to pay now more than ever.

ANY debt PRA is suing you for was incurred LONG before the current economic issues.  Unfortunately your being outside the USA tolled the SOL so they probably still have plenty of time to sue you.

Since you are not a resident of FL you would need to hire a lawyer to draft a motion to dismiss for lack of jurisdiction in the FL courts unless you are really comfortable doing it yourself. 

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