
If you're struggling with debt and receiving calls from Portfolio Recovery Associates, you're not alone. Many people find themselves in this situation, and it can be overwhelming.
Portfolio Recovery Associates is a debt collection agency that buys debts from original creditors and tries to collect them. They're a large company with a long history of debt collection.
If you're considering a settlement with Portfolio Recovery Associates, it's essential to understand that they have a process for settling debts. This process can be complex, but it's a good option for those who can't pay their debt in full.
You can start by requesting a settlement offer from Portfolio Recovery Associates, which they typically require you to make a payment of 50% or more of the original debt.
What is Portfolio Recovery Associates?
Portfolio Recovery Associates is a debt collection agency that buys and sells debt portfolios from other creditors. They specialize in collecting debts that are past due.
Based in Norfolk, Virginia, Portfolio Recovery Associates was founded in 1996. Their main business is collecting debts on behalf of their clients.
The company has a large team of collectors who work to contact debtors and negotiate payment plans. They also use automated dialing systems to reach debtors.
Portfolio Recovery Associates has faced lawsuits and complaints from consumers alleging unfair debt collection practices.
Settling with PRA
Settling with PRA can be a viable option for dealing with debt collection. You can negotiate a settlement with Portfolio Recovery Associates, paying less than the total amount owed, either in a lump sum or over several payments.
A settlement is typically reported to the credit bureaus as settled in full, but timing is crucial. If you're sued by PRA, you must settle before the court enters a judgment, or you'll need documentation to confirm the debt collector will file a satisfaction of judgment with the court.
To ensure a smooth settlement process, it's essential to strictly comply with the terms of the agreement and keep all documentation related to the settlement and the debt.
Associates Buy from Creditors
Portfolio Recovery Associates buys debt from creditors to collect. They're one of the country's most prominent debt collectors, with a publicly traded stock and a market capitalization of roughly $1 billion.
They make money by buying debt for pennies on the dollar. This means they can purchase debt at a low cost and still turn a profit when they collect from debtors.
PRA has a significant advantage because the money they collect goes straight to the company. This allows them to profit from even a fraction of debtors who pay what they owe.
PRA makes almost $200 million in profits each year from this cycle of buying and collecting debt.
Settling with Associates
If you're dealing with Portfolio Recovery Associates (PRA), negotiating a settlement might be a good option. It's a process where you pay less than the total amount owed, either in installments or a lump sum.
The account is typically reported to the credit bureaus as settled in full after settling. However, timing is crucial, especially if you're facing a lawsuit. If you settle after PRA issues a summons, you must confirm they've dismissed the case or informed the court of the settlement. Otherwise, you may still need to respond to the court, and failing to do so can result in a default judgment.
You should only negotiate a settlement you can afford. It's essential to get a letter outlining the settlement agreement, including the payment due date and amount to be paid. Strictly comply with the agreement's terms, and keep all related documentation.
Here are some key things to keep in mind when negotiating a settlement with PRA:
- Only negotiate a settlement that you can afford.
- Obtain a letter that outlines the details of the settlement agreement.
- Strictly comply with the terms of the agreement.
- Keep all documentation related to the settlement and the debt.
PRA Tactics and Practices
PRA has a reputation for aggressive and dubious business practices, often crossing the line with federal and state laws. This is evident in the nearly 4,000 complaints made against the company with the Better Business Bureau.
PRA's debt collectors pressure you to pay the debt, but many of their efforts lead to lawsuits, where the company most often violates the law. Court cases involve costs, which is likely why PRA tries to avoid them.
PRA has been subject to a CFPB order for misconduct, including collecting on unsubstantiated debt and suing or threatening legal action against consumers without required documentation. The company failed to observe the order terms, forcing the CFPB to take additional enforcement action.
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A CFPB fine of $24 million was recently imposed on PRA for violating the terms of the order from almost a decade ago. The CFPB director emphasized that "CFPB orders are not suggestions, and companies cannot ignore them simply because they are large or dominant in the market."
Be very careful when PRA contacts you, as you may not need to do anything in response to a letter, but a lawsuit requires a response or else face consequences. Court papers should clearly tell you what they are and when you need to respond.
The FDCPA imposes several requirements on debt collectors, including not engaging in abusive practices such as calling you repeatedly or using profanity or threats. Debt collectors can call you, but you can restrict whether and how they can contact you in the future.
Here are some examples of PRA's questionable practices:
- Collecting on unsubstantiated debt
- Collecting on debt without providing required documentation and disclosures to consumers
- Suing or threatening legal action against consumers without offering or possessing the required documentation
- Suing to collect on debt outside the statute of limitations
PRA Contacts and Communications
Be very careful when PRA contacts you, as the difference between a letter and a lawsuit is crucial to understand.
A letter from PRA may not require a response, but a lawsuit does, and court papers will clearly state what you need to do and when.
Don't do anything to affirm the debt, as PRA may trick you into accepting a debt that was never yours.
Getting the money back will be challenging if you pay down a debt you never owed, so be cautious with your communication.
FDCPA and Lawsuits
You may have a potential lawsuit against PRA under the Fair Debt Collection Practices Act and possibly other state and federal laws if the debt is invalid or PRA has used illegal tactics to recover from you before they filed the lawsuit.
If you can file and win a wrongful debt collection lawsuit, you may be entitled to statutory damages of up to $1,000, which is a one-time payment that 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.
Related reading: Being Sued by Portfolio Recovery Associates
Punitive damages are not available under the FDCPA, but many do not know that most illegal debt collection lawsuits fall under state law that may even allow for punitive damages. Your attorney will guide you toward the best course of action to go on the offensive against companies like PRA.
Here are some potential consequences of PRA's wrongful actions:
- Time devoted to defending against a wrongfully filed lawsuit
- Emotional distress from protecting yourself from wrongful lawsuits in court
- Attorney's fees that you needed to spend to defend yourself in court
- Lost income if defending yourself in court caused you to miss time from work or impacted your career
FDCPA Attorney Assistance with Lawsuits
Having an FDCPA attorney by your side can make all the difference when facing a Portfolio Recovery Associates lawsuit. They know the FDCPA inside and out, as well as other laws and regulations that govern debt collection practices.
An FDCPA attorney can identify any violations committed by Portfolio Recovery Associates and take appropriate legal action on your behalf. They can also give you confidence and support during this stressful time, alleviating your anxieties and putting things in perspective.
You may have a potential lawsuit against PRA under the Fair Debt Collection Practices Act and possibly other state and federal laws. The FDCPA imposes several requirements on debt collectors, including not engaging in abusive practices like calling you repeatedly or using profanity or threats.
For more insights, see: Free Attorney for Debt Collectors
An FDCPA attorney can help you navigate the complex debt collection laws and regulations. They can also help you identify any defenses you may have and work towards achieving a favorable outcome for you.
Here are some potential defenses you may have against PRA:
- Debt collectors often make mistakes and your lawyer can expose them in court.
- Debt collectors cannot try to collect on bogus debts you do not owe.
- PRA has a reputation for aggressive and dubious business practices, and may have violated federal and state laws in their debt collection attempts.
If you can file and win a wrongful debt collection lawsuit, you may be entitled to statutory damages of up to $1,000. You can also obtain damages based on how you have suffered, such as emotional distress, attorney's fees, and lost income.
Respond to Court Papers
If you receive court papers from a company like Portfolio Recovery Associates, you must always respond, even if you don't think you owe the debt.
Ignoring court papers can lead to a default judgment against you, which can be enforced by the company. Ninety percent of people who face lawsuits for unpaid debts do not appear in court to defend themselves.
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You have the right to due process, but if you don't respond to court papers, the court will assume you owe the money. Companies like PRA can get away with suing you for a debt you don't owe.
PRA has obtained scores of judgments against debtors that may never have been valid debts in the first place because the defendant didn't show up in court.
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Frequently Asked Questions
What happens if I ignore Portfolio Recovery?
Ignoring Portfolio Recovery can lead to a default judgment, allowing them to enforce collection. It's essential to respond promptly to avoid this outcome
Can Portfolio Recovery garnish my bank account?
Portfolio Recovery Associates may garnish your bank account if a judgment has been entered against you, but you may be entitled to claim an exemption. Check if a judgment has been entered against you to understand your rights.
Sources
- https://www.fullmanfirm.com/2023/01/should-i-negotiate-a-settlement-with-portfolio-recovery-associates/
- https://www.kazlg.com/what-should-you-do-if-portfolio-recovery-associates-is-suing-you/
- https://www.thelangelfirm.com/debt-collector-list/portfolio-recovery-associates/
- https://www.kohlcook.com/cfpb-orders-portfolio-recovery-associates-to-pay-24-million-for-illegal-debt-recovery-practices/
- https://jacobfights.com/portfolio-recovery-associates-debt-settlement-attorney-california/
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