Portfolio Recovery Associates Lawsuit and Statute of Limitations Explained

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If you're facing a lawsuit from Portfolio Recovery Associates, understanding the basics can help you navigate the situation. Portfolio Recovery Associates is a debt collection agency that purchases and collects debts from various creditors.

The statute of limitations is a crucial factor in a Portfolio Recovery Associates lawsuit, as it determines how long a creditor can pursue a debt. In most states, the statute of limitations for debt collection is between 3 to 6 years, depending on the type of debt.

Understanding Portfolio Recovery Associates

Portfolio Recovery Associates is a collections agency and high-volume debt-buyer that manages a large quantity of collection accounts.

Consumer complaints about PRA are abundant, and the organization was sued over 700 times for harassing consumers under the FDCPA in 2011 alone.

PRA's business model involves buying and collecting on debt from various sources.

The sheer volume of collection accounts managed by PRA has led to a significant number of complaints against the company.

Reviews and Reputation

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Portfolio Recovery Associates has a reputation for aggressive tactics, with thousands of complaints filed against them over the last three years. These complaints include allegations of unscrupulous and sometimes illegal practices to collect debts.

They don't originate loans or credit cards, instead buying defaulted accounts from other banks and credit card companies. This limited information often doesn't include documentation needed to support a lawsuit in court.

Filing lawsuits against debtors is a common practice for Portfolio Recovery Associates, even when the debt is no longer recoverable due to expired statute of limitations.

Are They Legitimate?

Portfolio Recovery Associates is a legitimate company that files lawsuits to collect debts, but ignoring their collection efforts can lead to serious consequences like wage garnishment and liens on property.

They have a physical address at 120 Corporate Boulevard in Norfolk, VA 23502, and a phone number at 888.772.7326.

Portfolio Recovery Associates has a history of filing lawsuits, as seen in the case of Portfolio Recovery Associates v. Minkowski, where they sought a judgment of $2,749.14 plus interest and disbursements.

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Ignoring collection efforts can result in a judgment being entered, which can harm your credit and finances.

In the case of Portfolio Recovery Associates v. Minkowski, the law firm Graham & Borgese was able to settle the matter for $1,400, payable in monthly installments of $50, with no interest accrual and no entry of judgment.

Underwhelming Reviews

Portfolio Recovery Associates doesn't have great reviews, with nearly 1,500 consumer complaints on their profile with the Better Business Bureau over the last three years alone.

Their reputation is marred by aggressive and unscrupulous tactics used to get debtors to pay.

They've received thousands of complaints, which is a red flag for anyone considering working with them.

Portfolio Recovery Associates buys defaulted accounts from other banks and credit card companies, but they don't originate loans or credit cards themselves.

This means they only have a limited amount of information about your debt when they buy the account, which can be a problem if they try to take you to court.

They often file lawsuits against debtors even when the debt is no longer recoverable, such as when the statute of limitations has already run.

Lawsuit and Statute of Limitations

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If you're facing a lawsuit from Portfolio Recovery Associates, understanding the statute of limitations is crucial. The statute of limitations is the time frame a collector has to file a lawsuit to recover a debt, and it varies by state.

In Texas, for example, the statute of limitations on debt is 4 years, which means if Joe hasn't had any activity on his old credit card account for more than 7 years, Portfolio Recovery Associates cannot take the case to court.

To check if your debt is past the statute of limitations, you should always verify the last activity on the account before paying anything. If you become active on an old account, you'll restart the clock on the statute of limitations, and collectors like Portfolio Recovery Associates will try to trick you into reactivating your old account.

Here's a list of statute of limitations on debt collection by state:

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Statute of Limitations Guides

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The statute of limitations on debt is a crucial concept to understand when dealing with debt collection lawsuits. It's the time frame a collector has to file a lawsuit to recover a debt.

The statute of limitations varies by state, which can be confusing. Fortunately, there's a guide that lists the statute of limitations on debt collection in each state.

To determine if your debt is past the statute of limitations, you need to check the last activity on the account. If there's been no activity for a certain number of years, the debt is likely past the statute of limitations.

For example, in Texas, the statute of limitations on debt is 4 years. If Joe hasn't made a payment or purchased anything on his Citibank account for more than 7 years, Portfolio Recovery Associates cannot take the case to court.

Here's a list of the statute of limitations on debt collection by state:

  • Alabama: 6 years
  • Alaska: 3 years
  • Arizona: 3 years
  • Arkansas: 3 years
  • California: 4 years
  • Connecticut: 3 years
  • Colorado: 6 years
  • Delaware: 3 years
  • Florida: 4 years
  • Georgia: 6 years
  • Hawaii: 6 years
  • Illinois: 10 years
  • Indiana: 6 years
  • Iowa: 5 years
  • Kansas: 3 years
  • Louisiana: 3 years
  • Maine: 6 years
  • Maryland: 3 years
  • Michigan: 6 years
  • Minnesota: 6 years
  • Mississippi: 3 years
  • Missouri: 5 years
  • Montana: 8 years
  • Nebraska: 5 years
  • Nevada: 3 years
  • New Hampshire: 3 years
  • New Jersey: 6 years
  • New Mexico: 6 years
  • New York: 6 years
  • North Carolina: 3 years
  • North Dakota: 6 years
  • Oklahoma: 3 years
  • Oregon: 6 years
  • Pennsylvania: 4 years
  • Rhode Island: 6 years
  • South Carolina: 3 years
  • South Dakota: 6 years
  • Tennessee: 6 years
  • Texas: 4 years
  • Utah: 4 years
  • Vermont: 6 years
  • Virginia: 3 years
  • Washington: 3 years
  • West Virginia: 10 years
  • Wisconsin: 6 years
  • Wyoming: 6 years

Files Lawsuits in Texas

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Portfolio Recovery Associates frequently files debt lawsuits throughout the state of Texas. They're not the only ones doing this, but it's essential to know that they're active in the state.

If you're being sued by Portfolio Recovery in Texas, you have options. You can try to beat them by filing a response in court.

Filing a response in court is a crucial step in defending yourself against a debt lawsuit. It's not a straightforward process, but it's worth the effort.

A Debt Lawsuit Settlement Letter can be a powerful tool in your defense. It's a formal letter that outlines your intentions to settle the debt.

Frequently Asked Questions

How much is the settlement for Pounds v Portfolio Recovery Associates?

The settlement for Pounds v Portfolio Recovery Associates is $5.75 million. This amount was distributed to class members after paying court-approved attorneys' fees and expenses.

How to win against Portfolio Recovery Associates?

To win against Portfolio Recovery Associates, you'll need an experienced FDCPA attorney to defend you and hold the debt collection agency accountable for any violations. With the right representation, you can achieve a favorable outcome and protect your rights.

What happens if you ignore Portfolio Recovery?

Ignoring Portfolio Recovery Associates can lead to a default judgment against you, making matters more difficult. Failing to appear or respond can result in serious consequences, so it's best to address the issue promptly

How to get rid of Portfolio Recovery?

To stop calls from Portfolio Recovery, you can request validation and verification of the debt, and if the debt is found to be invalid or uncollectible, you may be able to get rid of the debt entirely. However, it's recommended to consult the Fair Debt Collection Practices Act (FDCPA) and consider seeking professional advice before taking any action.

Ann Lueilwitz

Senior Assigning Editor

Ann Lueilwitz is a seasoned Assigning Editor with a proven track record of delivering high-quality content to various publications. With a keen eye for detail and a passion for storytelling, Ann has honed her skills in assigning and editing articles that captivate and inform readers. Ann's expertise spans a range of categories, including Financial Market Analysis, where she has developed a deep understanding of global economic trends and their impact on markets.

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