Portfolio Recovery Associates LLC Suing Me Know Your Rights

You've received a letter from Portfolio Recovery Associates LLC, and you're worried about being sued. The truth is, Portfolio Recovery Associates LLC is just a debt collector trying to recover money on behalf of the original creditor.

The first thing to know is that Portfolio Recovery Associates LLC must follow the Fair Debt Collection Practices Act (FDCPA) when collecting debts.

If you've been sued by Portfolio Recovery Associates LLC, it's essential to respond to the lawsuit to protect your rights.

Portfolio Recovery Associates LLC is a company that buys bad debt to make a profit. They purchase large groups of defaulted credit card accounts for pennies on the dollar, approximately 1.7 cents on the dollar.

As of Spring 2021, they are one of the largest debt purchasers, so big in fact that they are a publicly traded company. Buying bad debt is a very big business and it's very profitable for the buyers.

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Portfolio Recovery Associates LLC files dozens of lawsuits daily in Pennsylvania, hoping to collect on old debt claims that have been charged off by the original creditor. This means they're trying to collect debts that have already been written off by the original company.

If you've received a debt collection letter from or have been sued by Portfolio Recovery Associates LLC, it's possible you owe them or someone they represent a debt. However, it's not uncommon for debt collection companies to lose paperwork, get debts confused, or have incorrect information.

Failing to take action may result in a judgment against you, even if you don't believe you owe a debt.

Recommended read: Will Paying off Delinquent Debt Improve My Credit

If you're being sued by Portfolio Recovery Associates LLC, you're likely wondering what's going on. They're using the legal process to try to get a default judgment against you, which means they'll get a court order saying you owe the money.

Ignoring court papers can lead to a default judgment, and even if you don't owe the money, you'll have missed your chance to defend yourself. Ninety percent of people who face lawsuits for unpaid debts don't show up in court, and companies like PRA can get away with suing you for a debt you don't owe.

You have options to fight the lawsuit, including hiring a debt defense attorney like Denbeaux & Denbeaux Law, who offer free initial consultations. They can help you understand your case and explore your options for debt defense.

Here are some key facts to keep in mind:

Portfolio Recovery Associates has a history of violating consumer laws, including filing lawsuits with deceptive information and using counterfeit documents. They've even been sued by the Consumer Financial Protection Bureau (CFPB) for violating a 2015 order and engaging in other violations of law.

You may be wondering why Portfolio Recovery Associates LLC is suing you, but the most important thing to know is that you must always respond when you receive court papers.

Companies like Portfolio Recovery Associates are using the legal process to get a default judgment against you, which can be enforced even if you don't owe the money.

Ignoring court papers can lead to a valid default judgment, and the court will assume you owe the money if it doesn't hear from you.

Ninety percent of people who face lawsuits for unpaid debts do not appear in court to defend themselves, and companies like PRA can get away with suing you for a debt you don't owe.

If you don't respond, you'll forego your opportunity for due process, and the court will only hear PRA's version of events.

If you're being sued for a debt, contact Denbeaux & Denbeaux Law for a free initial consultation to learn about your options for debt defense.

Here are some common questions to consider:

Debt collectors often make mistakes, and a lawyer can expose them in court.

In one recent case, a debtor fought against PRA in court and the appeals court reversed the decision, holding that PRA had failed to prove that it owned the person's debt.

Debt collectors buy large tranches of debt at one time, which can lead to mistakes in verifying debts. One employee can sign thousands of affidavits simultaneously, stating that they have personal knowledge of debts.

You may even successfully challenge the debt collector in court because they do not have the documentation to back up their claims. Fighting back in court can cast doubt on their claims against you.

Debt collectors cannot try to collect on bogus debts, and any attempt to collect an invalid debt is enough to violate the FDCPA.

You can file a lawsuit against them, suing under federal law or a corresponding state law if one exists.

In the case of Hempel-Dubois v. Portfolio Recovery Associates, LLC, the debt collector used counterfeit documents and caused emotional distress through improper service of process.

A lawyer can help you stand up to companies like PRA and get the justice you deserve.

Worth a look: Capital One Collections Agency

Be very careful when PRA contacts you - a letter may not require a response, but a lawsuit does, and you must respond or face consequences.

You have 30 days from being served with the process to file an answer to the lawsuit complaint, which is different from fully defending the lawsuit.

Don't try to handle a PRA lawsuit alone - credit card lawsuits are serious matters that require an experienced attorney to defend.

The lawsuit should be as thick as a small phone book, including most of your credit file, contracts, terms and conditions, monthly statements, and assignments.

In almost every Portfolio Recovery lawsuit, the court agrees that the lawsuit is legally insufficient and requires more documentation.

If PRA is unable to cure the defects, the case is over, and you may have won without even realizing it.

You should not file anything with the court without an attorney's help, as PRA has lawyers who know the workings of the court and the legal process.

An FDCPA attorney can help you identify any violations committed by PRA and take appropriate legal action on your behalf.

Don't wait to reach out to a consumer protection attorney to help with your Portfolio Recovery Associates lawsuit - they can provide confidence and support during this stressful time.

Curious to learn more? Check out: Free Attorney for Debt Collectors

You may be entitled to statutory damages of up to $1,000 if you file and win a wrongful debt collection lawsuit. This money is a one-time payment and covers each violation of the law.

You can also obtain damages based on how you have suffered, including the time you had to devote to defending against a wrongfully filed lawsuit, emotional distress, attorney's fees, and lost income if defending yourself in court caused you to miss time from work or impacted your career.

Punitive damages are not available under the FDCPA, but many illegal debt collection lawsuits fall under state law that may allow for punitive damages.

You don't need to pay anything upfront for an FDCPA lawyer. An FDCPA attorney will not ask you to pay them anything upfront for their legal representation, and usually, FDCPA settlements and awards will include money to pay for your attorney's fees.

If you don't win your case, you don't owe money to your lawyer.

On a similar theme: Fair Debt Collection Practices Act Attorneys Fees

Here are some possible consequences of debt collector's wrongful actions:

Having an experienced FDCPA attorney can make a world of difference in dealing with debt collection agencies. They can help alleviate your anxieties, put things in perspective, answer any questions you may have, and provide clear explanations of the legal process.

Portfolio Recovery Associates has faced allegations of violating various federal and state laws in debt collection attempts, including filing a lawsuit with deceptive information, using counterfeit documents, and causing emotional distress through improper service of process.