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Hi all, I appreciate any insight into my current situation.
I have a capital one card that I defaulted on in 2017. I never received any communication from PRA until recently from an attorney about the intent to sue.
I live in an apartment building with mailboxes that mail frequently get delivered to the wrong individuals (I.e. I get my neighbors mail a lot) therefor it is possible the PRA attempted to contact me and I never got their letter. Had I recieved communication from them I would've requested debt validation, I assume it's too late for that now based on what I've read.
The amount they are attempting to collect is close to $7000 and I can't afford to pay it off especially given that I've lost a lot of hours recently with covid. I'm in NC and the SOL for it would be August 26.
Has anyone found themselves in this situation? Any idea how I should proceed?
Hi and welcome to the forums @Anonymous
Start by being very cautious
First you need to find out if PA is only collecting on behalf of Cap One, or if they actually own the debt.
Capital One is very litigious, so is PRA, so if you're not outside of SOL, there is high likelihood of lawsuit, as that's pretty big amount.
Then you'd want to see if they will settle for the amount less than owed and get on payment plan.
Even if you asked for debt validation, it wouldn't have helped. All they have to provide is your name, creditor's name, and the amount owed. They do not have to prove you owe the debt, in reality, you have to prove that you dont
There is a common misconception on what debt validation is for, and what it does. If it only were that simple..
That account is very recent, so you can expect all the paper trail to be intact
Due to the parties involved, I wouldn't wait too long
Good luck and hope you get it resolved soon
Yeah, not sure why debt validation is a thing here. The lender can send what was posted above, but technically doesn't have to. 3rd parties most definitely don't have to respond.
More than likely, PRA has been retained by Cap1 to collect. They sued me on behalf of Cap1 for $1600. If everything is in motion at this point, you can call PRA's attorney to work out a settlement and payment plan. For the amount you owe, it might be better to hire a consumer protection attorney. Below is my thread dealing with PRA suing me for a different account, so you can get an idea of what to expect in terms of process and payment plans.
https://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Sued-by-Portfolio-Recovery/m-p/5371551

Most of what I have read states that many times PRA is unable to verify debts and therefore does not process to filing lawsuits if you request verification. Not only that requesting verification would have provided me 30 days to prepare my next actions.
I just checked my credit report and it seems that it the debt was charged off by capital one so it seems very likely that PRA owns the debt.
Further, a lot of posts I have read discuss very bad outcomes with PRA and advise not to communicate with them by yourself.
In a nutshell, what you read is wrong.
Charged off only means lender has given up on consumer paying via conventional means, such as you mailing the check.
Debt is not forgiven, instead an accounting measure is put in place to prevent inflating accounts receivable.
Capital one also doesnt give up on their accounts quickly or easily. They do forward them for collections.
If they sold, even more so reason for PRA to continue forward aggressively.
No collection agency is pleasant to deal with when we try to dodge them or when we pretent we dont know what they are talking about. Been there, done that.
They will work with you on paying your debt if you put an effort into it.
It may not be what you're hoping for, but it's better than nothing.
Anyway, you do whatever you feel is right for your situation.
@Anonymous wrote:Most of what I have read states that many times PRA is unable to verify debts and therefore does not process to filing lawsuits if you request verification. Not only that requesting verification would have provided me 30 days to prepare my next actions.
I just checked my credit report and it seems that it the debt was charged off by capital one so it seems very likely that PRA owns the debt.
Further, a lot of posts I have read discuss very bad outcomes with PRA and advise not to communicate with them by yourself.
Those days are long gone. While they may still buy junk debt, the majority of the time, they have enough documentation to proceed.
You also don't get 30 days to prepare if you mail them. There's no stay because you send a DV letter. They have no legal requirement to even respond. They only have to attempt to mail you notice of taking ownership of the debt while giving you 30 days to contest it. They also don't have to actually contact you when they serve you. An attempt just has to be made. If they can't reach you, they can ask the courts to put it in the newspaper.
As for not communicating with them, I suspect a lot of it has to do with misunderstanding statute of limitations and whether a debt will be renewed. If you're worried about a miscommunication, hire a consumer protection attorney and let them deal with it.

Thanks for your response and your documentation of your experience. It's hard to believe they're filing these kinds of things right now, especially in NC where there is no wage garnishment for these debts. I guess I'll be attempting to find an attorney.
@Anonymous wrote:Thanks for your response and your documentation of your experience. It's hard to believe they're filing these kinds of things right now, especially in NC where there is no wage garnishment for these debts. I guess I'll be attempting to find an attorney.
While there isn't wage garnishments available to them, the judgement can be renewed over and over until it's paid or you file BK. So, if you move somewhere where it's allowed, they can get the garnishment. Don't remember if they can intercept taxes though. I'm assuming so since there was a big hoopla about people not receiving their stimulus checks because they were being intercepted for judgements. They can also have the courts seize your accounts and assets if it seems like they won't get paid.

They cannot intercept taxes, but they can place bank account lien, which is worse than garnishment
If garnishment was allowed, it's regulated as far as how much they can take per check.
With liens, everything that's not exempt.