Csimp

Being Sued by Portfolio Recovery Associates in CA

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Hi, I received a summons from PRA and responded with a general denial. I also submitted a BOP to them. I then received an objection to the BOP because the "account is stated". I do not have a court date yet and no other correspondence from PRA other than the summons. It states I owe $2,500.00. The account was opened in April 2016 but PRA's statement attached to the summons shows the last payment was made in October 2016. They served me on June 5, 2020. Can I file a SOL? Also, in 2018 I disputed this account with the credit bureaus. My credit report shows this "Completed investigation of FCRA dispute - consumer disagrees". Will this help me in court? I also disputed the account with PRA in 2018, stating I had no knowledge of the account and they would only reply by sending me copies of the statement. Will any of that help me in court? What are my options to win in court? Since there was in fact a payment made. 

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23 minutes ago, Csimp said:

They served me on June 5, 2020. Can I file a SOL?

No.  If the last payment was made in 10/2016 then they had until 10/2020 to sue you.  Plus with the courts being closed due to the covidiocy that tolled the SOL anyway.  SOL is based on date of default not when you opened the account.

25 minutes ago, Csimp said:

Also, in 2018 I disputed this account with the credit bureaus. My credit report shows this "Completed investigation of FCRA dispute - consumer disagrees". Will this help me in court?

Why did you dispute the account?

 

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Why did you dispute the account?

Because I wasn't sure if that account was in fact opened by me. I still do not believe it was. It was originally a Synchrony account and at the time I had two others with Synchrony. After requesting my credit report and seeing that I had 3 opened with Synchrony I disputed this one. It had been awhile and I was in the process of moving and simply asked them to prove it. They never did. Do I even have a chance at winning with Portfolio Recovery Associates? 

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16 minutes ago, Csimp said:

Why did you dispute the account?

Because I wasn't sure if that account was in fact opened by me. I still do not believe it was. It was originally a Synchrony account and at the time I had two others with Synchrony. After requesting my credit report and seeing that I had 3 opened with Synchrony I disputed this one. It had been awhile and I was in the process of moving and simply asked them to prove it. They never did. Do I even have a chance at winning with Portfolio Recovery Associates? 

Do a search on this site for CCP 96 & CCP 98.  Also read the following CA Supreme Court ruling regarding CCP 98.

https://scholar.google.com/scholar_case?case=11539742947026699092&q=“ccp+98”&hl=en&scisbd=2&as_sdt=4,5
 

 

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On 6/29/2020 at 1:07 PM, Csimp said:

Do I even have a chance at winning with Portfolio Recovery Associates? 

Absolutely. CAmembers here have an excellent track record against JDBs like Portfolio - the key is to learn about the civil codes that govern these types of lawsuits and use them to your advantage. Thankfully, the CA code is favorable to us.

You have time to learn, start by reading this thread (it's from 2012 but the information still applies): https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

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