Settled Old Debt With Portfolio Recovery and They Still Suing Me Again on Same Old Debt

If you are the swimmer, and Portfolio Recovery Associates is the Gator, so SoloSuit is the Elbow-Drop Guy.

Summary: If you've been sued for a debt by Portfolio Recovery Associates, apply SoloSuit to respond in but 15 minutes and win your lawsuit.

Information technology'due south a terrible feeling to be served with a lawsuit from a debt collector. Nonetheless, the worst thing yous could do is ignore the lawsuit in the vain promise that information technology will all somehow go away. What you demand to do if you receive a lawsuit from Portfolio Recovery Associates, or some other debt collector, is make them prove their case .

Why do that? Because, nearly times, debt collection companies like Portfolio Recovery Associates won't exist able to prove their case at all.

It's true! You may assume that only because Portfolio Recovery Associates went through the trouble of filing a lawsuit they take the necessary paperwork to back upwardly the suit -- call back again.

More often than not, collectors like Portfolio Recovery Associates use a lawsuit every bit an intimidation tactic, merely they lack the documentation to really follow through with their case when someone calls them on it. Thus, even if you believe that you owe something, make sure that y'all respond to the lawsuit and demand proof of the corporeality they merits y'all owe.

In this article, nosotros will talk a little most Portfolio Recovery Associates' track tape. But, more importantly, we will tell y'all how you tin can easily respond to their lawsuit and demand proof for their claims. Fight back, and you will be able to beat Portfolio Recovery Associates at their own game. With the help of SoloSuit, you will have the information you need to demand that Portfolio Recovery Associates proves their case in court.

Portfolio Recovery Assembly is legit—here's their address and phone number to testify information technology

Portfolio Recovery Associates is a debt collection company based in Virginia with well-nigh 320 employees, and an annual revenue at about $56 million. Information technology uses several concern names in addition to Portfolio Recovery Associates, including PRA III, and Ballast Receivables Management.

If you are trying to reach Portfolio Recovery Associates, you can utilize the contact data below:

Portfolio Recovery Associates doesn't take great reviews

Portfolio Recovery Associates seems to fit the stereotype of a classic debt collection company. They are a legitimate business, yet they have thousands of complaints made against them related to aggressive, unscrupulous, and, in some cases, illegal tactics used to get debtors to pay. In fact, over the concluding three years alone, Portfolio Recovery has received nearly 1,500 consumer complaints on their profile with Better Business organization Bureau.

Farther, Portfolio Recovery Associates does not originate loans or credit cards. Rather, they purchase defaulted accounts from other banks and credit card companies. Thus, Portfolio Recovery Associates just buys a limited amount of information about your debt when they buy the defaulted business relationship. The information they buy ordinarily does not include the documentation needed to support a lawsuit against yous in court.

Finally, Portfolio Recovery Associates has a reputation for filing lawsuits against debtors even when the debt is legally no longer recoverable, such as when the statute of limitations has already run on a particular debt.

Cheque the statute of limitations on your Portfolio Recovery debt

If your debt is so sometime that you've forgotten about it, there is a very proficient take chances that it is past the statute of limitations on debt. The statute of limitations is the time frame that a collector, like Portfolio Recovery Assembly, has to file a lawsuit to recover a debt. Let'due south explain.

A debt is by the statute of limitations if there has been no "activity" on the account for a sure corporeality of years. "Activity" can mean anything from making a payment to signing an payment understanding. Be conscientious: if you become active on an quondam account, you will restart the clock on the statute of limitations. Portfolio Recovery Assembly knows this, and they will try to play tricks you into reactivating your old account by pressuring yous to pay. For this reason, you should ever check the last activity earlier paying anything.

The statute of limitations on debt is different in each state. This article lists the statute of limitations in each state.

Case: Joe lives in Texas and is being sued for an old credit carte debt with Citibank. Portfolio Recovery Associates purchased the debt, and now they're coming after Joe to collect it. However, Joe hasn't purchased anything with his Citibank business relationship or paid annihilation on it for more 7 years. Since the statute of limitations on debt is four years in Texas, Portfolio Recovery Associates cannot take the case to courtroom. In this example, Joe is basically off the hook. Joe can list this as an affirmative defence force in his Answer to the lawsuit which volition help him win the instance.

You should investigate before you pay Portfolio Recovery Associates

Similar we said, paying off an quondam debt can restart the clock on the statute of limitations. Additionally, the debt could be fradulent, or Portfolio Recovery might be challenge an incorrect amount. For these reasons, you should always investigate the debt before agreeing to make whatever payments.

A groovy way to investigate the debt is by sending a Debt Validation Letter to Portfolio Recovery Associates. Upon receiving this letter, Portfolio Recovery must provide you with debt an official debt verification statement that contains the following data:

• The amount of the debt.
• The name of the creditor.
• The collector will presume the debt is valid unless the consumer sends them a Debt Validation Letter inside 30 days.
• If you send the collector a Debt Validation Letter of the alphabet they will demand to postal service you lot validation of the debt.
• If you send them a Debt Validation Letter they will demand to mail service yous the name and address of the original creditor.

When Portfolio Recovery Associates cannot validate a debt, it is illegal for them to continue collection efforts. Since Portfolio Recovery Associates is usually not the original owner of a debt, they probably don't have the necessary documentation to evidence the debt is valid. This is why the Debt Validation Letter is such a powerful tool. In fact, many debt collection agencies give upwardly after receiving such a letter. You tin typhoon your own Debt Validation Letter with SoloSuit. To learn more almost making a Debt Validation Alphabetic character, scout this video:

Example: Portfolio Recovery Associates keeps calling and emailing Maria virtually a credit card debt she owed with U.s. Bank. They merits that Maria owes more than than $15,000 on her account, only Maria doesn't recollect using the carte du jour plenty to owe that much. After some excavation, Maria finds her old credit card statements and realizes that the correct amount was simply effectually $1,500. Portfolio Recovery Associates mistakenly (or maybe intentionally) added a 0 to the debt amount. Maria can send a Debt Validation Letter to Portfolio Recovery Associates to get them to verify the exact amount with documentation every bit proof. It turns out that Portfolio Recovery doesn't have the contracts and other documnets needed to testify the debt is valid, and so they stop collection efforts.

Now, how do yous beat out Portfolio Recovery Associates in court?

You may not have had time to asking a debt validation before Portfolio Recovery Assembly filed a lawsuit against y'all. If this is the example, we've still got yous covered. Equally noted, the key to beating Portfolio Recovery Assembly is to respond to the lawsuit. And the way y'all reply is by filing a document called an "Answer." We'll discuss this afterward, but first, hither are a few mutual mistakes yous should avoid:

• Waiting Until the Terminal Minute. You typically have simply 10 to 30 days to file an Answer to a lawsuit, depending upon the State in which you reside. So, make certain that you respond quickly. A failure to reply ways that Portfolio Recovery Associates will be able to get a legal judgment confronting you.
• Saying Besides Much. Your Answer to Portfolio Recovery Associates' Complaint should be brusque . All you lot demand to practice is "admit" or "deny" the facts stated in the Complaint. You lot do not want to write a narrative virtually your financial situation, or provide more data than is requested.
• Responding to the Debt Collector By Phone. Never communicate with a debt collector on the phone. Every communication must be in writing so you can protect yourself.
• Continuing to Pay. Information technology happens ofttimes that a debt collector will file a lawsuit -- even though you are already on a payment programme for that debt. Not cool. If you are in that situation, then stop making payments, and write a letter of the alphabet to the debt collector stating the reason why -- because they sued you.
• Admitting the Amount You Owe. Practise non exist so quick to presume that the debt collector's merits for a certain corporeality of money is the correct amount. When information technology comes to the corporeality listed in Complaint, brand certain that you "deny" that paragraph, unless you are 100% sure that they are stating the correct amount. If you don't know, then you should "deny" the paragraph anyway.
• Forgetting to Demand Proof. This is the biggest fault. You don't know if Portfolio Recovery Associates is bluffing. Given their track record, that is highly likely. So, somewhere in your Answer, you need to demand verification for the amount they say y'all owe.

Respond to a Portfolio Recovery Associates lawsuit

If Portfolio Recovery has already filed a lawsuit against you, you should have received a court Summons and Complaint notifying you of the accommodate and list all the specific claims against you. The first step to responding to a Portfolio Recovery Services lawsuit is to file a written Respond with the court.

Yous might think you have to hire an chaser to help you lot draft and file your Answer, but that's only not truthful. Correspond yourself with SoloSuit's help and make a gratis Answer in less than 15 minutes! Here are some tips for drafting a potent Answer (to acquire more about these tips, check out the video below):

1. The Respond isn't the place to tell your side of the story in detail: At this indicate in the case, the burden of proof is on Portfolio Recovery Associates' shoulders—not yours. Yous don't have to requite an elaborate caption of your side of the story in your Respond. In fact, doing so can actually weaken your case. All yous take to exercise is briefly respond to each merits listed in the Complaint and watch Portfolio Recovery squirm to show their side.
2. Deny Deny Deny: Most attorneys recommend that y'all deny as many allegations as possible. This makes the brunt of proof heavier for Portfolio Recovery Associates, and information technology makes them have to exercise more piece of work to prove their instance.
3. Include defenses: Include a section for affirmative defenses in your Answer. An affirmative defense is any reason that Portfolio doesn't have a case (i.e. the debt is past the statute of limitations, the amount listed in the suit is incorrect, Portfolio harrassed you lot to get you pay, etc).
4. Apply standard formatting or "style": Your Answer should look clean and professional, with standard margins and font size. It should be typed in black and white. It should also include a caption (kind of like a header) that has the courtroom data, case title, and case number.
5. Include certificate of service: This is a small statement at the stop of the Respond document that declares you have sent a re-create of the Answer to Portfolio Recovery'due south attorney. It should include the address of the court and the attorney that you sent everything to.
6. Sign it: The courtroom will refuse your Reply if it doesn't have a signature on information technology. Some courts crave a moisture signature (non an electronic signature). SoloSuit can help you determine what type of signatures your court will have.

After yous've drafted your Respond and filed it with the court, make certain to print a re-create and ship it to Portfolio Recovery's attorney. Failing to exercise so can cost you big time (it might fifty-fifty result in a default judgment against y'all).

Example: Jimmy is sued by Portfolio Recovery Assembly for debt in the California Superior Court. Even though Jimmy receives the court documents, he chop-chop realizes that he's being sued in a different county than the one in which he resides. Jimmy has xxx days to respond, otherwise Portfolio Recovery Associates can request that a defautl judgment be entered against him. Jimmy uses SoloSuit to set up his Answer. He responds to the 18 allegations listed in the Complaint, making sure to deny each ane. Jimmy also includes some powerful affirmative defenses (improper venue: he's being sued in the wrong canton), and signs the document. SoloSuit files the Respond for him and sends a copy to Portfolio Recovery'due south attorneys with a certificate of service. Two months later, Jimmy finds out that Portfolio Recovery Assembly is dismissing the case.

You tin learn more about the Debt Validation Alphabetic character by watching this video:

What is SoloSuit?

SoloSuit makes it easy to respond to a debt drove lawsuit.

How it works: SoloSuit is a step-by-stride spider web-app that asks you all the necessary questions to consummate your answer. Upon completion, you lot tin either print the completed forms and mail service in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"Get-go time getting sued by a debt collector and I was searching all over YouTube and ran beyond SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra just it was well worth it! SoloSuit sent the documentation to the parties and to the courtroom which saved me time from having to become to court and in a few weeks the example got dismissed!" – James

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Reach a settlement with Portfolio Recovery for a percentage of the original corporeality

You tin can achieve out to Portfolio Recovery Associates to discuss settling at any time: before, during, fifty-fifty after the lawsuit. That existence said, if you've already been sued, you lot should file your Answer earlier negotiating a settlement. Hither'southward why.

It'south pretty mutual for consumers to accomplish out to debt collection agencies like Portfolio Recovery Associates to try and reach a settlement after they've been sued. Collectors might negotiate and agree on a settlement, and y'all might call up yous're in the clear. This isn't always truthful. Some collectors are sneaky and agree to settlement, and so file a default judgment confronting you when you don't respond in court. Because of this, you should ever file your Answer in courtroom before reaching a settlement.

That being said, reaching a settlement for a percentage of the original amount is very likely. Since Portfolio Recovery likely purchased your debt for less than viii% of its original values, they would withal profit if you settled to a pay a per centum of the cost. Most debt drove agencies are volition settle for 1%–threescore% of the original debt corporeality.

Yous can get-go the settlement negotiation process with Portfolio Recovery Associates by sending them a Debt Lawsuit Settlement Letter. To learn more about negotiating a settlement, SoloSuit's founder explains the process in this video:

Case: Jenny owed $3,000 on her Citibank credit card from 2019. The COVID-19 pandemic afflicted Jenny and her family hugely, and she fell behind on her payments. Almost three years later, Portfolio Recovery Associates has purchased the debt from Citibank for just $300 or 10% of the original amount. When Portfolio Recovery Assembly comes after Jenny for the $three,000 debt, she isn't in a position to pay it dorsum in full. They have her to court, and Jenny reaches out to negotiate a settlement offer. She offers to pay one-half the original corporeality at $1,500. Portfolio Recovery Associates accepts and makes a $1,200 profit off the debt. Jenny pays what she can beget, and Portfolio Recovery Associates yet makes their money. Information technology'due south a somewhat decent compromise.

Send Portfolio Recovery an email

You tin can reach Portfolio Recovery Associates, LLC via e-mail at pracustomercare@portfoliorecovery.com or by calling their toll-free number, 1-800-772-1413.

If you decide to transport a Debt Validation Alphabetic character to Portfolio Recovery Associates, here'south their address:

Portfolio Recovery Associates, LLC
120 Corporate Blvd.
Norfolk, VA 23502

Portfolio Recovery files lawsuits in Texas

Portfolio Recovery Associates frequently files debt lawsuits throughout the state of Texas. If you're being sued by Portfolio Recovery in Texas, beat them past filing a response in court and sending a Debt Lawsuit Settlement Letter. Read the residuum of this commodity to learn more than.

SoloSuit can help you lot file an Answer in all l states.

How to answer a summons for debt drove in your land

Here's a list of guides for other states.

All 50 states.

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

Due north Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

Southward Carolina

South Dakota

Tennessee

Texas

Utah; File a Motion to Satisfy Judgment

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

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Source: https://www.solosuit.com/posts/191

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