Portfolio Recovery Assoc. Unfair, Non-Willing Company Norfolk Virginia

Glad it worked out for you.

Now follow up with a bar assoc complaint against this lawyer for filing false paperwork and being part of the date being changed.

He knew what was going on and counted on your giving in. These collection lawyer need and must be held accountable for there action and the action of the people that wat suing you.

I just recently defended my self against Portfolio Recovery I resides in Atlanta Ga. Back in August 2006 I recieved a summons from Portfolio Recoveries LLc as Assignee for Providian National Bank, the Attorney was Fred J Hanna for the case.

Here's what I did in my case because I allready knew that PRA had bought the loan from Providian National Bank, and like the rest of you guys they change the original date of the loan from 1999 Jan to 2000 Jan what this doe's is open the window up for the unscrupolus lawyers to commence legal action which should be against the law, but is not! the first thing to do is not Ignore! the summons if you do then they win by Judgement Default! and this is really what they want to win by because the know if you have an attorney thats on top of Fair Debt Collections Practice they will be scrutinize in court and all of the under handed tactics will be reviled in a court of law.

But anyway I answered the summons initially they were a few things I did wrong, one was I did'nt file a counterclaim at that particular time, what this doe's when you file a counterclaim is in most instances go to a hearing because of the counterclaims filed by you the defendant, In that counterclaim it must be relevant to the claims filed against you or the judge will strike it from the record.

but here's the end results of my particular case keeping in mind its been 7 months from the initial summons and all of the discoveries and interrogaties B.S.

and please answer all of the questions where you have the answers or not answer with something because if you don't this is how a Summary Judgment is awarded anyway in my case I played the game i did my research at the legal libary check out the Supplments to the FDCPA laws they are the latest changes or admendment to the laws.

after 7 months sleepless night and constance reading of the laws I filed all of my responces at Superior Court, the lawyers keep sending correspondance stating that I had no Defense but in the end the Final Court order was sent to me and the Plaintiff lawers the Court agreed that there was not any Assignment letter making Portfolio assignee for Providian National and Portfolio in the sworn affidavit did not mention any such assignment and the court DENIED them their summary Judgment, Meaning now I can file with the FTC the outcome of my case where they LIED!

on a sworned Affidavit and decifully used the word Assignee for Providian, so if you get a summons and it states Assignee for providian please ask them to send a copy of the Assignment letter I Promise you if they purchased the loan there will not be any Assigment. once a loan is charge off the orginal creditor with get a percentage of his loss and report the rest on his taxes, then all of those buzzard's on wall street will purchase bad debt for pennies on the dollars and try to sue you for full face value.

If you received a summons you must respond to it in a certain number of days or they will get a default judgement against you.

You can file all the complaints you want, the court isn't going to care about that., unless there in the way of a counter suit

If you responds you must make a sworn denial.

Sometimes its best if you can afford an attorney to get one when dealing with a summons, or check with any legal aid in your city for help.

look up the rules of civil law in your state that will help.

I'm not an attorney just trying to point you in the right direction.

You want to stop the sworn affidavit of account, with this all the collection lawyer had to do is walk in, most of the time with that the court will enter a judgement against you.

A sworn denial needs to be a graduated denial.

1)I deny this is my debt, and if is my debt, I deny that its still a valid debt and if it is a valid debt, I deny the amount sued for is coirrect amount.

2) I never entered into an agreement with Plaintiff.

3) The def. denies that he owes($$$$)and accruint interest on the revolving charge account purchased by plaintiff as set forth in the complaint (paragraph ?).

4) defendant reserves the right to amend his answer and to assert any additional defences or necessary counter claim(s).

Again I'm not an attorney, you should check any informatiom you get on the internet with an attorney or against your state laws and rules.

Once you file your answers with the court and send one to this collection lawyer, next you need to request discovery and submit questions(interogatories) and request for admissions.,

any of the above you mail to the attorney make sure you file it with the court and have it timed stamped.

If your doing this on your own, you must read the civil law rules, so you can see what applies to you and how to use them.

It easy for someone on the interent to tell you what to write, but YOU are the one standing in front of the judge, so you need to get a good basic understanding of whats going on and how to answer.

Look up the statute of limitation on an open account in your state, don't take the collection agncy word on nothing, especially dates.

good luck

There's an Allen and Amy from your state that posts on here from time to time, both have a real good understanding of your states laws and rules, maybe they will see this in time to offer help.

I have filed a complaint about Portfolio Recovery Assoc. with the FTC and Now I am going to get in touch with the Attorney General of our State. Any other suggestions would be greatly apprieciated. We do not feel we should have to pay this if they have not provided a letter stating they have reopened this account.