Should I Pay Portfolio Recovery Associates and Avoid Debt Collection Lawsuits?

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Paying Portfolio Recovery Associates (PRA) can be a daunting decision, especially when considering the potential consequences of debt collection lawsuits. If you're struggling to make payments, it's essential to understand the pros and cons of paying PRA.

Paying PRA can help you avoid the stress and anxiety of debt collection lawsuits, which can be a significant burden. According to the article, PRA is one of the largest debt collection agencies in the US, with millions of dollars in outstanding debt.

However, paying PRA may not be the best option for everyone. The article notes that paying a debt to PRA does not necessarily mean the debt is forgiven or removed from your credit report.

Ultimately, the decision to pay PRA depends on your individual financial situation and priorities. If you're struggling to make ends meet, it may be worth exploring other options, such as negotiating a payment plan or seeking assistance from a credit counselor.

Understanding PRA

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Portfolio Recovery Associates, or PRA, is a collections agency that buys debts from lenders and companies across the US.

PRA purchases debts for less than the full amount and then uses debt collection tactics to get the money back from consumers, adding interest and fees along the way.

Consumer complaints about PRA are abundant, with over 700 lawsuits filed against them in 2011 alone for harassing consumers under the FDCPA.

PRA is a legitimate company, but their methods can be questionable, and they're known to file lawsuits quickly without trying to retrieve the money first.

Ignoring a lawsuit from PRA can lead to a summary judgment and an automatic win for the company, so it's essential to remain calm and address the situation.

Who Are They?

PRA is a collections agency and high-volume debt-buyer. They manage a large quantity of collection accounts, which has led to a significant number of consumer complaints. In fact, PRA was sued over 700 times for harassing consumers under the FDCPA in 2011 alone. This number is staggering and gives you an idea of the scale of complaints against PRA.

What Is Associates

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Portfolio Recovery Associates, LLC has been around since 1996 and is based out of Norfolk, Virginia. They buy debts from all over the country and many Floridians are contacted by them regularly.

The company is one of the biggest debt-collection businesses in the world. They purchase debts from banks, creditors, hospitals, and more, and only pay pennies on the dollar for them.

This arrangement works out well for the creditor, who is guaranteed to recover at least a portion of the debt right away. They then go after borrowers for the full amount of the original debt, and not the amount they paid for it.

Portfolio Recovery Associates, LLC touts itself as a debt collection agency that places a focus on full compliance with the regulations and the laws that govern the industry.

PRA FCCPA Violation

PRA can face severe penalties if they violate the FCCPA, including statutory damages, punitive damages, and injunctions.

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The FCCPA prohibits debt collectors from using threatening force or violence in their attempts to collect money you owe.

If you believe PRA has violated the FCCPA, you may have reason to seek legal action.

In the case of Hempel-Dubois v. Portfolio Recovery Associates, LLC, PRA was accused of violating various federal and state laws in their debt collection attempts.

PRA was accused of using counterfeit documents and causing emotional distress through improper service of process.

The court dismissed the case due to a fraudulent affidavit, and the targeted consumer took legal action against PRA, claiming abuse of process.

PRA Legitimacy and Laws

Portfolio Recovery Associates (PRA) is a legitimate company, but that doesn't mean they always act fairly.

PRA has been known to file a lawsuit right away before trying to retrieve the money owed, and if they're successful, they can garnish your wages, levy your bank account, and take other legal action against you.

Credit: youtube.com, Is Portfolio Recovery Associates Suing You? [Here's How To Beat Them!]

The Florida Consumer Collection Protection Act (FCCPA) protects consumers against unlawful debt collection practices, similar to the Fair Debt Collections Practices Act.

PRA can face severe penalties, such as statutory damages, punitive damages, and injunctions, if they violate the FCCPA.

If you believe PRA has violated the FCCPA, you may have reason to seek legal action.

PRA purchases consumer debts from lenders and companies throughout the United States, often obtaining debts from agencies that have tried and failed to collect the debt from the consumer in the past.

You should understand that PRA will not stop contacting you until you pay back your debt.

The company has been involved in controversy, such as using counterfeit documents and causing emotional distress through improper service of process, as seen in the case of Hempel-Dubois v. Portfolio Recovery Associates, LLC.

In this case, PRA used affidavits bearing the signature of a deceased employee, which led to the court dismissing the case due to the fraudulent affidavit.

PRA has also been known to file lawsuits with deceptive information, as alleged by Kristina Hempel-Dubois in the same case.

You should remain calm if a lawsuit is filed against you, as some lawsuits filed by debt collection companies are not legitimate and you could have a valid defense before the case even really gets started.

Your Rights and Recourse

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If Portfolio Recovery Associates, LLC is calling, you have the right to know that they can't contact you at any time before 8:00 a.m. or 9:00 p.m.

A debt collection company can't threaten to harm your credit or refer you to a lawyer without intending to follow through on those threats. They also can't contact your employer or try to reach you at your workplace after you've asked them not to.

If you believe PRA has violated your rights, you may have reason to seek legal action and potentially claim statutory damages, punitive damages, and injunctions.

Your Rights If Called

If you're being called by Portfolio Recovery Associates, LLC, you have certain rights that they're not allowed to violate. They can't contact someone who's not the main borrower on the account, and they can't threaten you with wage garnishment, harm to your credit, or referral to a lawyer without actually intending to follow through on those threats.

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Debt collection companies like Portfolio Recovery Associates are not allowed to phone you at any time before 8:00 a.m. or 9:00 p.m. They also can't contact your employer or try to reach you at your place of employment after you've asked them not to. And they definitely can't tell your employer about your debt or disclose any information about the debt to anyone else without your permission.

Here are some specific examples of things that Portfolio Recovery Associates and other debt collection companies can't do:

  • Phone you before 8:00 a.m. or after 9:00 p.m.
  • Contact your employer or try to reach you at work after you've asked them not to.
  • Tell your employer about your debt.
  • Disclose any information about the debt to anyone else without your permission.
  • Send collection notices that appear to be from a government office or courthouse.
  • Threaten you with arrest if you don't pay the debt.

If Portfolio Recovery Associates violates any of these rights, you may have reason to file a lawsuit against them to claim certain damages.

Florida Debt Defense Lawyers

If you're being harassed or threatened by a debt collector in Florida, you need to know your rights. Loan Lawyers is a team of experienced consumer rights attorneys who can help you develop a comprehensive debt solution strategy.

If you're dealing with bogus charges due to a loan servicer change, you're not alone. Loan Lawyers has expertise in handling such cases.

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In Florida, the statute of limitations on debt is a crucial factor to consider. According to the article, what is the statute of limitations on debt in Florida?

Here are some key questions to ask yourself when dealing with debt in Florida:

  • What is the statute of limitations on debt in Florida?
  • How long does a judgment last in Florida?
  • What are my options for getting out of debt without bankruptcy?

If you're considering bankruptcy, it's essential to choose the right lawyer for the job. Loan Lawyers has a proven track record of helping clients achieve outstanding results, including a $641,714.66 principal reduction against BSI.

Don't just take their word for it - Loan Lawyers has received excellent testimonials from satisfied clients, who praise their politeness and attention to detail.

Dealing with Debt Collectors

Dealing with debt collectors can be overwhelming, but knowing what to expect can make it easier. No one wants to deal with debt collection companies, but it's often unavoidable.

Portfolio Recovery Associates, LLC, uses aggressive tactics and will not stop contacting you until you settle your debt. If they contact you, it's essential to know what to do.

Credit: youtube.com, Portfolio Recovery Just Made It Easier To Win Against Debt Collectors

We recommend against attempting to deal with PRA on your own. Attempting to deal with this agency alone could lead you to unknowingly give up your rights as a consumer.

It's crucial to contact a consumer protection lawyer team as soon as you receive any communication from PRA. They can help you evaluate PRA's claim against you and understand your rights before taking any action.

Financial Consequences

Paying off a debt to Portfolio Recovery Associates can have significant financial consequences. You may be surprised to learn that the company can garnish up to 25% of your disposable income.

Ignoring a debt collection notice from Portfolio Recovery Associates can lead to wage garnishment, which can severely impact your ability to pay bills and make ends meet. This can be a difficult situation to recover from.

The average debt owed to Portfolio Recovery Associates is around $1,800, which can be a significant burden on a person's finances. This amount can be paid off over time with a payment plan.

Credit: youtube.com, Sued by Portfolio Recovery Associates, now what

Wage garnishment can also affect your credit score, making it harder to obtain credit in the future. This can create a cycle of debt that's difficult to escape.

Portfolio Recovery Associates is required by law to provide you with a written notice of the amount you owe and the steps you need to take to pay it off. This notice must be sent to you by certified mail.

Frequently Asked Questions

Can I ignore Portfolio Recovery?

No, ignoring Portfolio Recovery Associates (PRA) is not recommended as it can lead to a default judgment against you. Responding to court papers is crucial to protect your rights and avoid further action.

Who does the Portfolio Recovery collect for?

Portfolio Recovery collects debts from original creditors such as banks, credit card issuers, and utility providers. They acquire these debts at a discounted price due to the difficulty in collecting from debtors who may be unable to repay.

Can Portfolio Recovery garnish my bank account?

Portfolio Recovery Associates can garnish your bank account if a judgment has been entered against you, but you may be eligible for an exemption to protect your funds

Sheldon Kuphal

Writer

Sheldon Kuphal is a seasoned writer with a keen insight into the world of high net worth individuals and their financial endeavors. With a strong background in researching and analyzing complex financial topics, Sheldon has established himself as a trusted voice in the industry. His areas of expertise include Family Offices, Investment Management, and Private Wealth Management, where he has written extensively on the latest trends, strategies, and best practices.

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