Portofolio Recovery Assoc, LLC Filed and erroneous Lawsuit Dallas, Texas Virginia

This is not a joke...nor a scam. Portfolio is an aggressive, sleazy collection agency that will do whatever it can to get money out of you. Go to Bud Hibbs's website for more info about this firm.

It is critically important that you request validation of this debt. Do this via Registered Mail with Return Receipt. Simply state:

Per the Fair Debt Collection Practices Act I am requesting written validation of this alleged debt and that said alleged debt is still within the statue of limitations for this state.

DO NOT sign your name on the letter. they might use your signature on forged documents.

FYI: IF this debt is past the statue of limitations, you DO NOT have to pay it. DO NOT make the mistake of paying them if it's outside the statue of limitations. this will reset the statue of limitations.

If you don't deal with this, what happened to the person below might happen to you...Good luck!

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From budhibbs.com

Date: March 2008

Due to my own negligence, I was taken advantage of by these bloodsuckers. I had an old credit card account that was over 8 years old, and had been written off. Then out of nowhere I get a call from Portfolio Recovery saying they are collecting the old debt. I disputed the debt as being charged off, only to receive a summons to small claims court from an out of town, but in state attorney's office. I failed to go to court and 30 days later the judgement was executed and a sheriff's deputy served me papers at my home. At that point my only recourse was to contact the attorney's office and try to make payment arrangements. I now have to pay them $100 per month for the next 3 1/2 years to cover the original debt plus attorney's fees. If I had checked with this site first, I would have realized this debt was over the Statute of Limitations and would have disputed the fact at the time. My ignorance of what I could do ended up costing me more than I originally owed.

This is no longer a "joke" or a "scam." Now it's a lawsuit and should be treated as such. Which means IGNORE what Bud Hibbs or any of his followers have to say, and start listening to your lawyer.

They don't need a letter of assignment to collect on the debt, but the fact that they don't have one can work heavily in your favor if you work it right, and if your lawyer is smart enough in this area of the law.

Without evidence that they have the right to collect on the debt, you can assert that they lack standing to bring the lawsuit. In other words, the lack of a letter of assgnment isn't your "get out of jail free" card, but it is a key that may open the door to a pretty good defense.

I've been seeing more and more of these types of reports/rebuttals lately - where someone has been served with a summons and everybody jumps on the "validation" train. Once a lawsuit is initiated, you need to start thinking of the FDCPA and the FCRA in terms of a counter-suit, NOT as a defense to your liability on the debt. Your opportunity to use these laws as shields has passed you by. Now it's time to use them as swords.

Tim,

Even Bud Hibbs tells people to seek legal counsel if a summons is served. He even lists sources to obtain specialized legal counsel.

I have also told people on multiple occasions that once the lawsuit is filed, validation is out the window.

Although I have used failure to validate as an affirmative defense and claimed frivolous lawsuit, and got dismissal each time.

Because, under the FDCPA all collections action must cease until requested validation is provided. A lawsuit is a collection action.

It has worked for me 3 times.