Small Claims Summons from Portfolio Recovery Associates

[Anonymous]

I just received a small claims summons today stating PRA was claiming breach of contract. A little back story: I sent a certified letter months ago requesting validation of the debt in response to getting a letter from an attorney for PRA. Even their original letter/bill wasn't certified so how can they prove I ever got it to begin with?? I have the receipt where they signed for my debt validation letter I sent. I am wondering what I need to do... On the defendant's answer page, do I check that I deny responsibility as I have never had a contract with PRA. I know I need to respond to the summons to avoid a default judgement, but am wondering if I should try to contact their attorney or just lay low until I have a court date and bring my documentation. I am fairly certain that PRA has no valid proof that I owe them anything, since they were never able to send me proof. Edited now that I have pulled out my paperwork and checked dates: 5/21/13-letter from Couch, Conville, Blitt (PRA attorney) 6/18/13-sent DV to CCB 6/21/13-Signature confirmation re: DV letter 1/24/14-I received a letter (not certified or ny tracking info) from CCB with the following: "Per your request, the original creditor is GE Capital. The original creditor's mailing address is ****. This arises from an account bearing the account number *****." They also included copies if 2 statements from 12/2012 and 5/2013 4/10/14-Small Claims Summons Now what do I do?!??

[hclinere]

i'd wait until court, then bring solid proof you requested debt validation, because apparenlty they don't want to provide it, or, they don't have it.

And they'd better have it in court, or it's cased closed.

They need documention, phone records, something proving you owe it.

And yes, smart move not ignoring court and getting an auto judgement, they'll freeze your bank acct for the amount and or send it to your job for garnishment

[gdale6]

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@Anonymous wrote:

I just received a small claims summons today stating PRA was claiming breach of contract. A little back story: I sent a certified letter months ago requesting validation of the debt in response to getting a letter from an attorney for PRA. Even their original letter/bill wasn't certified so how can they prove I ever got it to begin with?? I have the receipt where they signed for my debt validation letter I sent. I am wondering what I need to do... On the defendant's answer page, do I check that I deny responsibility as I have never had a contract with PRA. I know I need to respond to the summons to avoid a default judgement, but am wondering if I should try to contact their attorney or just lay low until I have a court date and bring my documentation. I am fairly certain that PRA has no valid proof that I owe them anything, since they were never able to send me proof. Edited now that I have pulled out my paperwork and checked dates: 5/21/13-letter from Couch, Conville, Blitt (PRA attorney) 6/18/13-sent DV to CCB 6/21/13-Signature confirmation re: DV letter 1/24/14-I received a letter (not certified or ny tracking info) from CCB with the following: "Per your request, the original creditor is GE Capital. The original creditor's mailing address is ****. This arises from an account bearing the account number *****." They also included copies if 2 statements from 12/2012 and 5/2013 4/10/14-Small Claims Summons Now what do I do?!??

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This is why one should never DV any CA while its still inside the SOL. If its truly yours settle prior to the court date to save judgment...

[Anonymous]

But what they provided shows nothing proving that PRA owns or bought the debt or anything... If you don't send DV, aren't you agreeing that you owe what they say? What they are claiming is different than the last statement from GE Money... They were not able to provide proof of how they came up with it or even that they own the debt... What are the odds that they'll do so in court??

[gdale6]

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@Anonymous wrote:
But what they provided shows nothing proving that PRA owns or bought the debt or anything... If you don't send DV, aren't you agreeing that you owe what they say? What they are claiming is different than the last statement from GE Money... They were not able to provide proof of how they came up with it or even that they own the debt... What are the odds that they'll do so in court??

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If they have the statements that is well more proof than they need in court to obtain a judgment, statements are prime proof in a court of law. You did state that they sent you the statements. They dont have to own the debt to sue you they have authority to collect the debt in any way shape or form when the OC assigns them the collection. You can rest assured that PRA will have full account statements to prove this debt in court. PRA is a sue happy CA/JDB a hard lesson to learn here... I wish you the best,

[RobertEG]

They provided the name of the OC and, since they included some documentation, I assume their response included a statement that they verified the debt.

Providing supporting documentation is not required in order to verify the debt.  I asume they consider thaat response to have been adequate debt valid\tion.

I would not conclude that any lack of what you consider adequate documentation means they dont have such evidence.

I dont see debt valid\tion as an issue unless you are asserting that they have not yet verified, and thus are precluded from bringing legal action under the cease collecton bar imposed by your DV (assuming your DV was timely).

Those are issues you can raise before the court if you contest their abililty to have initiated the action. 

The cause of action itself is apparenty based on a breach of contract issue.

I am uncertain of what those issues are, or your defense.  DV seems to be a side issue.

I would consult an attorney prior to trial.  There appear to be significant legal issues related to both your interpretation of what is adequate debt validation and whatever proofs may be necessary via discovery.  I doubt advice on the forum will provide the type of advice you most likely need.