I received an attorney solicitation in the mail today indicating that I was being sued by Portfolio Recovery Associates, and that I should retain there services to represent me.
The letter from the attorney indicates the date Portfolio supposedly filed this lawsuit as Jan 20th, 2017.
The letter from the attorney solicitation even indicates a case number and jurisdiction. It "looks" pretty legitimate. I do have an outstanding collection account with PRA. So it all looks genuine.
However, I'm not overly concerned since this is a time barred debt and I have copies of old credit reports to prove this. I printed and saved old credit reports just in case something like this would happen.
My concern is this, I haven't received ANY information from the court. I haven't been served. There has been zero indication that a lawsuit has been filed. It is this that has me concerned. Shouldn't have I received something from the court indicating a lawsuit has been filed BEFORE I start getting solicitations from "well meaning" attorneys?
Any and all thoughts would be greatly Appreciated.
Ok, in my earlier post I indicated that I believe that PRA has filed suit against me on a time barred debt. Because I'm confident that i can prove this, I'm not overly concerned. I'm "almost" looking forward to appearing in court.
My question is, can I use the fact that they (pra) are suing on a time barred debt to my advantage? Can I use this as leverage? More specifically, would there attorney be authorized to accept and sign a pay for deletion agreement? More than likely for an amount less than owed.
I'm aware that PRA is notorious for not doing pfd agreements. But I'm hoping that perhaps if I'm face to face with whatever attorney they have hired on the court date, HE may be more reasonable and willing to negotiate?
I was prepared to wait out the credit reporting period, which runs for 3 more years without incident. But now there actions have me thinking that maybe I can flip this into a positive!
Any and all thoughts would be greatly appreciated!
The question is have you been served? If not, then there may be a violation depending what state you live in. Also, of this is time barred debt, this should even be on your report due to SOL. I know you mentioned you have old reports; that is awesome and any other items from PRA that's very old as well should work. If the debt is over 500, it would hurt to have an attorney look at your case.
I had a case dismissed and Credit One had to also delete all negative info off my report. I still have my court papers if they should feel froggy. That 250 saved me much more.
I had a case dismissed and Credit One had to also delete all negative info off my report. I still have my court papers if they should feel froggy. That 250 saved me much more.
2 threads on same subject have been merged into one.
So It appears that i am indeed being sued. I was able to copy and paste the following information from my local county courthouse website. Thanks, Cincy, for this tip! Perhaps someone can enlighten me a bit on this matter? So i see most of the dates are indeed 1/20/2017, complaint filed, summons issued and filed (not applicable)? What does this mean? I wont be receiving a summons? I noticed a date of 7/21/2017 as "service completion." What does this mean? What is this referring to? Why is this date so far off in the future?
Any and all help will be greatly appreciated. Also, I will be updating this thread as new developments arise in this case. I figured this would make for interesting "data points," if you can call them that.
Thanks in advance for all your help!
01/22/2018 8:30 AM DEPT. S17 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 - Minutes
07/21/2017 8:30 AM DEPT. S17 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 - Minutes
01/20/2017 PLAINTIFF PORTFOLIO RECOVERYASSOCIATES,LLC FIRST PAPER FEE PREVIOUSLY PAID IN FULL. Not Applicable
N 01/20/2017 DECLARATION RE: REDUCED FILING FEES BP6322.1(C)(1) FILED. Not Applicable
N 01/20/2017 NOTICE IMAGED Not Applicable
01/20/2017 CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S17
N 01/20/2017 CIVIL CASE COVER SHEET FILED. Not Applicable
N 01/20/2017 SUMMONS ISSUED AND FILED Not Applicable
N 01/20/2017 COMPLAINT FILED. (LIMITED JURISDICTION - DEC BP6322.1(C)(1)). Not Applicable
@Anonymous wrote:If you go to your local courts website you should be able to input your information and see if a suit has been filed.
Thanks CincyReds fan, for this tip. I was able to retrieve quite a bit of information from my county courthouse.
Get your ducks in a row now for when you're served. Your CR isn't good enough to prove a debt is time barred. Their attorney will object to it as hearsay. You need something from the OC to substantiate the DOFD.
ETA: Unless you're in a small claims court that doesn't allow discovery, you should be able to get everything PRA has through the discovery process. After being served you would answer the complaint with time barred as an affirmative defense.
