Portfolio Recovery

[A1Credit]

I'm preparing myself for a battle with PRA that is sure to come.  In my preparation I have been researching lawsuits they have brought against people in my county.  If the status says, "Voluntary Non-Suit Plaintiff's Cost"  does that mean that PRA dropped the suit and the defendant won?  I see that they are awarded judgements because many people fail to show up to court.

[RobertEG]

It means that the plaintiff (PRA) voluntarily terminated their civil complaint against the defendant, and the court then awarded judgment for the defendant.

The legal implication is that since judgment was reached, no issue of dismissal with or without prejudice applies, as judgment was awarded, and thus the plaintiff cannot refile the case.

For your purposes, it simply means that, while judgment was reached, it was not based on a finding considering the merits of all evidence, so no useful legal precedent will be found in the decision.  You should essentially ignore it as to any value in intepreting the law.

[Berk]

Don't know if you've seen this or what your situation is but some of this stuff might help you:

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Experience-with-Portfolio-Recovery-Associates...

http://ficoforums.myfico.com/t5/General-Credit-Topics/Sued-by-a-Junk-Debt-Buyer-Portfolio-Recovery-A...

http://www.creditinfocenter.com/community/topic/319243-being-sued-by-portfolio-recovery-associates-u...

http://pilotonline.com/business/turnips-can-bleed-the-portfolio-recovery-story/article_26478909-f444...

http://www.californiacollectiondefense.com/to-do-when-sued-by-portfolio-recovery-associates/ (this is essentially an ad for this lawyer's services but the advice may be sound)

Good luck with this. If you are planning on fighting it yourself in court, DO YOUR RESEARCH! There is a whole lot out there that may or may not apply to your specific case. Be very careful taking advice from others unless they are lawyers. You are playing high stakes poker with the best card sharks in the business.

Keep us posted on how this all plays out.

[A1Credit]

Thank you for the links @Berk.  Yes, I plan to retain a lawyer for this particular case.  I have no problem paying collection accounts, as I have paid quite a few most recently but Portfolio Recovery is a JDB and the initial contact I made with them rubbed me completely the wrong way.  They are difficult to deal with and can be beaten.  From what I have read, most people give up without a fight and they often expect that and are awarded default judgements.  Companies like them should be put out of business.

[Berk]

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@A1Credit wrote:

@Thank you for the links @Berk.  Yes, I plan to retain a lawyer for this particular case.  I have no problem paying collection accounts, as I have paid quite a few most recently but Portfolio Recovery is a JDB and the initial contact I made with them rubbed me completely the wrong way.  They are difficult to deal with and can be beaten.  From what I have read, most people give up without a fight and they often expect that and are awarded default judgements.  Companies like them should be put out of business.

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Beat them at their own game. Keep us posted on how things turn out for you.

[A1Credit]

I will keep you guys posted.   And I want to make clear that I am by no means trying to duck responsiblity.  I have and will pay my debts (this was incurred during difficult financial times) but I do not think that I should pay a third party the full amount for something they paid a few dollars for just because they think they can back me into a corner.  This is about principle. 

[A1Credit]

@Berk I have previously read all of those links so I am ready for them when they come.  I was hoping I could find some more recent articles or post about PRA.  I will keep looking for those as well as researching the end result of their court cases here in my town.

[Berk]

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@A1Credit wrote:

I will keep you guys posted.   And I want to make clear that I am by no means trying to duck responsiblity.  I have and will pay my debts (this was incurred during difficult financial times) but I do not think that I should pay a third party the full amount for something they paid a few dollars for just because they think they can back me into a corner.  This is about principle. 

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Exactly!

[Berk]

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@A1Credit wrote:

@Berk I have previously read all of those links so I am ready for them when they come.  I was hoping I could find some more recent articles or post about PRA.  I will keep looking for those as well as researching the end result of their court cases here in my town.

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Yeah, I tried to find something more recent myself but had no luck. They are the biggest shark in the ocean from what I'm able to gather. They want the quick return so if you do demand that they do their job they are more likely to just drop the case and move on. Pain for you but a great victory for principle.

[A1Credit]

Thank you for the support @Berk.  Yes, it is a pain and the lawsuit looms over my head but I've decided to stick it out and fight.