Am i being sued??

[Anonymous]

Could there be a default judgement on you that you are not aware of? Top line mentions default judgement...

[Anonymous]

PRA has no problem suing people, but they don't like being sued. I had a paid collection with them at one time and I found a few loopholes of getting them off my reports through my state (Massachusetts). They wouldn't budge until I filed a statement of claim in the Massachusetts district court. They deleted before the court date. A week later PRA called me and asked me to dismiss the case because they deleted. In which case I did and sent them documentation showing them I dismissed WITHOUT prejudice.

[heavyjay]

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@Anonymous wrote:

Could there be a default judgement on you that you are not aware of? Top line mentions default judgement...

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The dates are weird:

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

[grillandwinemaster]

The date of first default is 11/2012. I have this as Cap1 reporting me 30 days late on all 3 bureaus. 

It's a little confusing though, because they reported me 30,60 in 9/2012 and 10/2012, "ok" in 11/2012 and 30 days in 12/2012. So the latest SOL would be 11/2012 since I would have to have been late in Nov 2012 in order for Cap1 to report me 30 days in Dec 2012??

If they had filed in Nov 2016, they would be within the SOL. Unless there's some kind of "extension" period to file past the SOL, I do believe they're clearly outside of SOL. 

[grillandwinemaster]

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@Anonymous wrote:

Could there be a default judgement on you that you are not aware of? Top line mentions default judgement...

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Let's hope not. I havent received any alerts from my credit report services. 

[grillandwinemaster]

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@heavyjay wrote:

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.

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Wouldn't the original creditor reporting me late, and subsequently charging off the account be substantiation of the DofFD from the original creditor? 

[RobertEG]

The courts have held in numerous jurisdictions that filing civil action on a debt for which the state SOL is known to have expired is a violation of the FDCPA.

While it is not an explicit provision of the FDCPA, depending upon where you live, it could be a violation based on case law precedent in your jurisdiction.

I would consult an attorney for an opinion as to whether their civil action was a violation,and additionally for review of the court documents for opinion as to any other violations, such as lack of proper service of notice.  You have a procedural mess for which you need review by an attorney.....

[heavyjay]

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@grillandwinemaster wrote:

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@heavyjay wrote:

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.

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Wouldn't the original creditor reporting me late, and subsequently charging off the account be substantiation of the DofFD from the original creditor? 

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The OC's business records can substantiate the DOFD. Your credit report may be correct but it is still hearsay.

[Anonymous]

No Problem! Good luck going forward. I have an open collection from PRA myself. SOL expires in 13 months. Just trying to ride the storm out

[Anonymous]

New guy on the block here.

This would be my suggestion.  And my story.

I would suggest talking with a lawyer.  You should be able to find a lawyer that will take your case for free or almost free.  PRA is a junk debt buyer, and probably will balk at being sued back for violations of FCRA.

I had a junk debt buyer sue me in State court for $1200.  One day out of the blue, a process server served me with a notice that I was being sued.  I looked and looked, but could not find a local consumer protection lawyer.  Eventually I found one that was based about 2.5 hours away that agreed to represent me.  I paid him a $200 retainer to get started and he took it from there.  Long story short, he filed a countersuit against the CA and they dropped the original case with prejudice.  But my lawyer wasn't done.  He worked out a settlement of the countersuit and the CA ended up paying him $2500 to drop the countersuit.  He also gave me my $200 back.  

Now your case might be different, but if it is somewhat similar you might can find a lawyer to handle your case for free or little money.