Radeon1234

Being sued by Portfolio Recovery Associates - Need help

Recommended Posts

I was served papers recently and have been looking into my options. Luckily I ran into this forum which has tons of great info. I read through a lot of info and my first step will be to respond with a General Denial and a Proof of service. Does this sound correct? Details below:

1. Who is the named plaintiff in the suit?

PRA

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Hunt and Henriques

3. How much are you being sued for?

$2300

4. Who is the original creditor? (if not the Plaintiff)

Synchrony Bank/Amazon store card

5. How do you know you are being sued? (You were served, right?)

Yes

6. How were you served? (Mail, In person, Notice on door)

In Person

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

Yes

Process Service Requirements by State - Summons Complaint

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?

California / Santa Clara

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Within SOL(based on my emails, Sep of 2016 was my last payment)

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

March 2016

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit served

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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No

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?

30 days, it has been maybe 1.5 weeks since I was served

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

2 exhibits, looks like 2 different amazon card statements. No contract, no verification

18.  How did you find out about this site?

Google


Appreciate any help!

 

 

Share this post


Link to post
Share on other sites

Update, I got a little overwhelmed with what to do, so I contacted a consumer lawyer and the attorney is confident he can win the case. Total cost to me is $900(vs $2300 to pay this JDB...I'll take it!)

 

Share this post


Link to post
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.