Portfolio Recovery Associates HARASSMNT, NOT NOTIFYING OF COURT DATES THEN DEFAULTING Norfolk Virginia

That's all you have to do. You took advantage of the goods & services of others and thought you could screw them over with out consequence.

Now you have to pay up.

So pay up and STFU.

I am not a paralegal nor an attorney..I have just had dealings with the court system so have "some" knowlege of how things are "supposed" to work.  So don't take this as legal advise just things you should be looking at.   

Where based on what you wrote, I would highly suggest you consult another lawyer.  Especially when you start talking about conflicts with other clients...seems like there might be something amiss.  Some laywers may give you a free consultation, others may charge you a couple hundred dollars.   It may give you the knowelge to get your case reopened, or perhaps if there was something more with your attorney may give you the position to move forward against your first attorney.

As for some other points.  You are getting pieces of the truth, embedded in what looks like a lot of confusion.  Which again may be a good reason to consult another attorney.

The 4-5 year "rule" you mentioned I believe you are talking about the Statute of Limitations.  That has to do with the amount of time a company has the right to try and sue you from the time you became delinquent.   This varies by state and type of debt, which depending on many factors could actually be anywhere from 2-10 years.    Now, it doesn't mean that they can't still sue you, it just means that if in court you are past the Statute of Limitations you can use that in your defense to have it dismissed.  There is however no 6-month rule I ever heard of.

Now, you didn't say what the amount of this case was.  So I will give you some other things as well.  If the amount of this case was only a few hundred dollars.  Unfortunatly yes it probably isn't worth pursuing because of the time and additional expense involved.  However, if this is for a few thousand dollars then it may be worth it. 

As for garnishment it is my understanding that if you have "exempt" funds they can not take it even if it is in your bank account.  However, I have also been told it can be very hard to get this set up.   You first can not mix these exempt funds with any non-exempt funds.  You also must notify your bank in advance that you have exempt funds. 

I posted a link from the FTC that may be of some assistance in the Garnishment question for you

http://www.consumer.ftc.gov/articles/0114-garnishing-federal-benefits

Hi. Sorry for the delay in reply. My computer.  Thanks for the reply.  You sound like you are well versed in this. You are paralegal or attorney? You obviously have some real expertise in this  

Portfolio sued, and actually brought me into court twice, in October 2010. The judge sent me in with a meiator and the other side. I was told then I am judgment proof, with my exemptions. I was later noticed for a Dec hearing, that was then canceled. A fourth had been penciled in the court minutes for January.  I never got any notice. Nor did my attorney. I had called her and asked. I have an email from her saying she had no notice of a January hearing. However, Portfolio did show in January, and defaulted me.  I would have thought my attorney would have called the judge or someone and told them we never had any notice of the hearing when I was defaulted. Nothing.

You obviously know more about how the court communicates with the parties than I do.

My attorney was aware of each of the court dates except January. She told me by email she had no notice of any upcoming dates. That was it. Never heard anything more from her. Later, in Sept she refused to talk to me after a conflict over another client.  Therefore, since January 2011,  I have heard nothing from Portfolio or the court, until the Default came in the mail.

As I said, I just received the judgment a month ago. This is three years after the fact, if it is in fact from that default.  I do not know for a fact that it is from the default in January 2011. From what I have read, it looks like that’s what it is.  The court records show that I attended every other hearing.

Where was my attorney all this time? I don’t know. She called me for the first hearing, and told me she couldn’t be there.  She then told me I was judgment proof with my exemptions, and not to worry. She then told me she was negotiating a settlement with the other side, in case I chose that. That’s was it. I heard nothing more Then  she abandoned me in September. Told me to never call her again over a conflict about another client I had sent her.  

I have talked to a few attorneys already. One attorney told me there was absolutely nothing I can do now. Nothing.  It’s been three years since the default, and the home team has already celebrated their victory.   One attorney told me none of my income, social security or disabiity or pension is exempt once it is in the bank.  Offer to pay them off before they seize your bank accounts and wages. One attorney told me my income is exempt, don't worry. One attorney told me, offer to pay them off. Otherwise, they will seize your bank accounts and garnish your wages, so you can't pay your bills, then take what they want, and take lots of time to return your money, so they know how much it hurts you and you will never mess with them again. I think there is 4 or 5 year limit, and the case gets closed.  There is nothing you can do about them not calling you about any hearings or the default, and they know it. The court told me the case was closed, and I would have to beg the judge to reopen it first. The attorneys told me it was a waste of time.  It’s too late and the judge has no desire to hear this case again.

 Another issue.  For months, I heard nothing from my attorney or the court.  Isn't there a six month rule that a case has to be dismissed if there is not activity for six months? Yes? 

Does that clear things up better?  i am open to suggestions. This has been stressing me out.

 Because PRA is known for being what is known as a "Bottom Feeder" so with all due respect what the heck is your attorney doing?

It is not 100% clear, but it appears that they filed a suit and went to court where your court date was rescheduled.  They then showed up at one of the court dates and got a default judgement against you.

First of all, neither party can just one day call up the judge and say..you know I am sick I would like to reschedule the court date.  No...they show up in court and before both parties leave the judge will make sure that they are all aware of the new court date.  If showing up in court is not a possibility the clerk will make the contact(they don't leave it to one party to contact the other party).  In an instance where the court has to reschedule the clerk will contact the parties directly.

So the real question you need to ask is why wasn't your attorney aware of this change?  Or if they were why did they not make you aware?

Then the next issue is that after you got this judgement what did your attorney do?  Because you have a misconception on Bankruptcy.  If you declare bankruptcy, the civil suit judgement will be discharged along with it..they can't come back after you...yes even 10,20, or 50 years later.

Now, one final thing as I said it wasn't clear as to exactly what you mean by them dragging you to court 3 times.  IF by chance you were sued 3 separate times and it was just the 3rd time you didn't know.  I again have to ask..where was your attorney?  Perhaps after the 1st, but definatly after the 2nd suit that was dismissed(?) your attorney should have had it dismissed with prejudice meaning that they can not sue you again(without going through a lot of extra steps). 

But baring this you even may have recourse.  If they failed to serve you properly then you may have recouse against them to get your judgement vacated.  But again..this is something your attorney should have been telling you.