Credit Cards Center Credit cards from our partners
New Visitor
Posts: 1
Registered: ‎02-15-2013

Portfolio Recovery Associates Civil Lawsuit

I received a civil summons to the local courthouse regarding a Sears CCaccount I am almost positive I paid off 2 years ago. I have not received any paperwork prior to this civil summons regarding this account either.   What I am curious about is where in their terms and agreements does it say this could go to civil court?  I thought they went to collections if they were delinquent.  Anyone have any advice what I need to do to stop this?  I am trying to get copies of my bank account from the time I believe I paid this but that account has been closed for 6 months now so I have to obtain it through the bank.  I have also tried to contact them via email and internet site with no luck.

Epic Contributor
Posts: 22,406
Registered: ‎01-17-2008

Re: Portfolio Recovery Associates Civil Lawsuit

There are probably no terms regarding a civil suit.  It is up to the creditor whether or not to send it to collections, sell it  or keep it themselves.


If the summons has a time to show, most definitely show up.  Otherwise they get a default judgment.


Do you have a copy of your credit report to see how Sears is reporting the account?  If not got to  You get a free copy from each credit reporting agency once every 12 months.


You will also see if an collection agency is listed on there for Sears.

Epic Contributor
Posts: 22,505
Registered: ‎03-19-2007

Re: Portfolio Recovery Associates Civil Lawsuit

Nothing requires a creditor to refer their delinquent debt to a debt collector.  That is just one method of pursuing collection.

Bringing civil action is provided for under the civil code for your state, and does not have to be authorized in an account agreement.


Bringing civil action gives both sides the opportunity to contest the debt, and if they secure a judgment, it gives them both a legal finding as to the legitimacy of the debt and the ability, if the judgment is not satisfied under its original terms, to bring further action, such as garnishment of pay, to force consumer satisfaction.


You can always contact the plaintiff prior to trial and pay the debt, and if they accept, they will withdraw their suit. 

If you have proof that it was paid, then you should prevail at trial.  You take your chances if you dont settle pre-trial.

Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.

Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
† Credit cards for FICO Score ranges: The score ranges are guidelines based on internal myFICO analysis of actual applicant approvals, and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range. These ranges were not provided by any card issuer.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.