ConfusedNewb

Sued by Portfolio Recovery in California. Need Help.

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So I was served on 6/24 for an old Amazon Synchrony Bank debt for $3700. A few months ago when their law firm contacted me via mail I responded back through certified mail that I'd be willing to setup a payment plan with them but they completely ignored it and decided to sue me anyway. Anyhow, I would like to submit the general denial (pld-050) form but I'm a bit confused and hoping someone here can assist. Who do I list as the plaintiff, the law firm or Portfolio Recovery Associates? And which of them gets served a copy? Is there a way to e-file a response or do I have to go to the local superior court in person and submit this + a fee waiver form?

I'm also confused about the MTC process after reading through some posts here and I'm hoping someone can clarify that. The Amazon Store card agreement via Synchrony Bank says AAA or JAMS can be used for arbitration but I'm still unsure of what steps to take to notify them that this is the route I'd like to go: https://www.synchronybankterms.com/gecrbterms/pdf/AmazonCreditCard.pdf

This is what it shows on the court portal so far:

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Thank you.

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3 hours ago, ConfusedNewb said:

Who do I list as the plaintiff, the law firm or Portfolio Recovery Associates?

The “plaintiff” is the party which claims to be owed money.  That would be Portfolio.  The law firm is merely representing the plaintiff. If you were to sue someone and hired a lawyer to represent you, then you would still be the plaintiff because you would be the person making claims against the other party.  The lawyer’s job would be to file the lawsuit, file motions, and represent you in court.
 

Have you read this?

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

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5 hours ago, BV80 said:

The “plaintiff” is the party which claims to be owed money.  That would be Portfolio.  The law firm is merely representing the plaintiff. If you were to sue someone and hired a lawyer to represent you, then you would still be the plaintiff because you would be the person making claims against the other party.  The lawyer’s job would be to file the lawsuit, file motions, and represent you in court.
 

Have you read this?

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

Hi,

I did read through it as best as I could and will be typing up an MTC from the templates I've found here and elsewhere. Hopefully I can get some feedback on it once I've written it up so I can send it in together with my General Denial. What I was really confused about is if I should send a copy of the documents directly to Portfolio recovery or their attorneys?

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18 minutes ago, ConfusedNewb said:

Hi,

I did read through it as best as I could and will be typing up an MTC from the templates I've found here and elsewhere. Hopefully I can get some feedback on it once I've written it up so I can send it in together with my General Denial. What I was really confused about is if I should send a copy of the documents directly to Portfolio recovery or their attorneys?

When The other party is represented by an attorney, one always deals with the attorney; never directly with the other party. 

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In filing the general denial, do I answer the areas of the complaint where they specifically mention causes? For example, in the summons they sent me there are two sections and titled as follows:

 

FIRST CAUSE OF ACTION: ACCOUNT STATED

15. Plaintiff alleges and incorporates by reference the foregoing paragraphs

16. Within the last four years, an account was stated in writing between Defendant and SYNCHRONY BANK and on the account a balance of $xxxx.xx was stated to be due to SYNCHRONY BANK from Defendant. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement showing the balance due and owing $xxx.xx

17. Before the commencement of htis action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder of this credit account.

18. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay the balance due.

19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been posted to the credit account.

20. The current balance presently due and owing is $xxx.xxx

 

SECOND CAUSE OF ACTION: OPEN BOOK ACCOUNT

21. Plaintiff alleges and incorporates by reference the foregoing paragraphs.

22. Within the last four years, Defnedant became indebted to SYNCHRONY BANK on an open book account for money due in the sum of $xxx.xx for money lent, paid, laid out, and/or extended to or for Defendant and Defendants special instance and request and for which Defendant agreed to pay the above sum.

23. Before the commencement of this action, Plaintiff was assigned the credit accoutn and indebtedness. Plaintiff is now the owner and holder of the credit account.

24. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay balance due.

25. Payments, set-offs, credits or allowances, if any, at or after charge off, hve been posted to the credit account.

26. The current balance presently due and owing is $xxx.xxx

WHEREFORE, Plaintiff prays for judgement against Defendant as follows:

1. For the current balance presently due ad owing of $xxx.xx

2. Costs of suit; and

3. Any such other relief as the Court may deem just and proper.

 

So here's some background on the suit. When Portfolio first wrote me, I asked them to verify the debt in writing which they responded to and sent me a set of statements. In this summons, they attached Exhibits A and B that are Amazon CC (synchrony bank) statements w/the balance, my name and amount due. After they responded to me initially, I sent them (the lawyers Hunt & Henriques) another certified letter asking for a repayment plan of $100/month and they opted to ignore that and instead went ahead with their law suit.

What points above would I address in the general denial form, would I simply deny every single item above or what? Also, if I want to instead settle with them (e.g. rather than go the MTC/court route) and offer them for example half the balance due, how would I do this?

 

Thanks.

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Update: Sent my general denial in with my defense. Next step will be to write an affidavit + start a MTC with AAA and serve them + file w/the court. Hopefully that works.

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Final update: I won the case, it was a lot of work but thanks to some of the invaluable information I found on this website and other places, I managed to beat them.

 

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14 hours ago, ConfusedNewb said:

Final update: I won the case, it was a lot of work but thanks to some of the invaluable information I found on this website and other places, I managed to beat them.

 

Great job!

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On 8/15/2020 at 5:29 PM, ConfusedNewb said:

Final update: I won the case, it was a lot of work but thanks to some of the invaluable information I found on this website and other places, I managed to beat them.

 

Woohoo! Now you need to tell me exactly what you did because I’m in the same boat. Got served by porfolio (synchrony), Hunt & henriques, and around $3000 debt. Only thing is that I didn’t attempt to contact them for a payment plan. I’m in desperate need of help with filling out the answer form and the MTC. Help!

 

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20 hours ago, Nona said:

Woohoo! Now you need to tell me exactly what you did because I’m in the same boat. Got served by porfolio (synchrony), Hunt & henriques, and around $3000 debt. Only thing is that I didn’t attempt to contact them for a payment plan. I’m in desperate need of help with filling out the answer form and the MTC. Help!

 

Each case is different and depends on your county. I would suggest reading the link mentioned in this thread: https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

There's a lot of good information there and you can also google MTC and general denial templates and settle on one that you like. The law help center for each county also has general denial templates that you can use. I'd suggest you get a hold of Adobe Acrobat to fill out forms as it's super helpful to have, I didn't write anything by hand. Good luck, you can do it.

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On 8/15/2020 at 7:29 PM, ConfusedNewb said:

Final update: I won the case, it was a lot of work but thanks to some of the invaluable information I found on this website and other places, I managed to beat them.

 

What was it that won you there? The arbitration, was it sent to arbitration or did it get dismissed? Was it dismissed with prejudice?

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22 hours ago, alwayswinning36 said:

What was it that won you there? The arbitration, was it sent to arbitration or did it get dismissed? Was it dismissed with prejudice?

Sent in a request for arbitration and they dismissed without prejudice. Their collection record is gone from my credit report as well. I would’ve fought them as long as needed but I’m glad it’s over for now. They could always refile or sell it to another jdb. 

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1 minute ago, ConfusedNewb said:

Sent in a request for arbitration and they dismissed without prejudice. 

I see. Just because they dismissed without prejudice doesn't mean they will come back filing again, though they could. That is good for you they dismissed it. PRA is a lazy collection agency anyway. Next time if they make calls to your phone, threaten to sue for those calls under the TCPA, but do so in writing. I did and they just deleted the entire reporting and all from my credit reports of the account they were trying to collect.

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1 minute ago, alwayswinning36 said:

I see. Just because they dismissed without prejudice doesn't mean they will come back filing again, though they could. That is good for you they dismissed it. PRA is a lazy collection agency anyway. Next time if they make calls to your phone, threaten to sue for those calls under the TCPA, but do so in writing. I did and they just deleted the entire reporting and all from my credit reports of the account they were trying to collect.

Thanks I’ll keep that in mind. 

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