Portfolio Recovery Lawsuit

[DeeWill]

On last Monday I was served by the sheriff for a suit filed by PRA in GA.  I have 30 days to respond to the suit however I do not know how to respond. I don't deny that I owe the original creditor however I do deny the amount that PRA is trying to claim.  What do I do? Do I answer the court first and wait for a response? If so, how do I answer, dispute the amount, dispute PRA who says they are representing the original creditor? Or do I deal with the attorneys at PRA and settle before the 30 day deadline.  I am not trying get out of paying the debt my issue is the amount of the debt.  

[DaBears]

PRA is including their fees and what ever late charges and or interest on the account. You can try to settle with PRA before the court date. If they don't to settle then you must respond to the suit which there is instructions to do so within the paper work that was given to you.

[G_kwr]

Hi, You need to dispute the debt in your response to the court and demand that portfolio produce a contract that you signed to agree to the debt. Many of these junk debt buyers do NOT have the contracts and therefore have no legal right to collect the debt they are suing you for. If they do produce a original signed contract only then should you offer to settle the debt.

[ChangeIsPossible]

You must respond! If you do not respond it will be an automatic judgement for the plaintiff!

[DeeWill]

Hi Everyone,

Thanks for the responses.  I know I have to answer the court and I planned to do so closer to the 30 time frame.  Again it is my debt and the OC will not settle because they point me to PRA.  I do not have a problem paying what I owe, I just paid settlements on 3 other accounts with PRA so I do not understand why they sued me for one.  

My contract is not with PRA but since the OC won't do anything I thought I was responsible to whomever purchased the debt and legally owns it now.  Any thoughts are additional advise is helpful!

Thanks,

Dee

[DaBears]

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@G_kwr wrote:

Hi, You need to dispute the debt in your response to the court and demand that portfolio produce a contract that you signed to agree to the debt. Many of these junk debt buyers do NOT have the contracts and therefore have no legal right to collect the debt they are suing you for. If they do produce a original signed contract only then should you offer to settle the debt.

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Absolutely false. PRA is not a junk debt buyer as they are one of the biggests debt collectors in the states. the OP clearly states its their debt and therefore nothing to dispute. When a debt collector is assigned or buys an account they receive all the account material from the OC. Clearly a judge signed off on the judgement based on what he saw from PRA. You can surely settle out of court. I rather pay off a unpaid debt then having a judgement slapped on my credit reports, causing a huge tank in scores. 

[G_kwr]

You are absoutley ignorant on how the law works and how these companies operate. https://encrypted.google.com/search?q=junk+debt+buyers+no+documentation There are PDF's from law schools that discuss this. I had a so called debt with PRA and when I demanded the contract they closed my account and never contacted me again. If the CA does not have a signed original contract in their possesion at the time of the lawsuit they are not entitled to collect anything. The courts will allow any lawsuit to be filled based solely on the claims of the plaintiff. The court does not examine anything until the hearing is held.