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  1. #1
    Join Date
    Jan 2013
    Posts
    3

    Default Portfolio Recovery Suing Me in Court

    My question involves collection proceedings in the State of: California

    OK here is my situation ill try to make it short.
    Capital one credit card debt! Last know payment was 3/2009

    Portfolio recovery 10/24/2011
    N 10/24/2011 CIVIL CASE COVERSHEET RECEIVED -
    N 10/24/2011 30 DAY SUMMONS, ISSUED AND FILED.

    10/24/2011 (L) COMPLAINT FILED - PRAYER AMOUNT $10,000.00 OR LESS.
    10/24/2011 DECLARATION RE REDUCED FILING FEES
    11/28/2011 PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT FILED 10/24/2011 OF PORTFOLIO RECOVERYASSOCIATES L.L.C AS TO xxxxxxxxxxx, BY SUB-SERVING JANE DOE, WHO REFUSED TO GIVE NAME, CO-RESIDENT. MAILING DATE OF 11/17/11.
    12/21/2011 FIRST PAPER FEE PAID BY ME
    12/21/2011 (L) ANSWER TO COMPLAINT FILED 10/24/2011 OF PORTFOLIO RECOVERYASSOCIATES L.L.C FILED BY xxxxxxxxxxxxxx, REPRESENTED BY PRO/PER - PRAYER AMOUNT LESS THAN $10,000.00
    12/21/2011 PROOF OF SERVICE BY MAIL OF ANSWER SERVED ON PORTFOLIO RECOVERYASSOCIATES L.L.C FILED. DATE OF MAILING 12/21/11.

    After this i thought that was it to do .

    so now
    12/27/2012 MEMO TO SET WITH FILE SENT TO MASTER CAL.
    12/27/2012 AT-ISSUE MEMORANDUM REQUESTING COURT TRIAL FILED BY PORTFOLIO RECOVERYASSOCIATES L.L.C. TIME ESTIMATE: 01:00 HOUR(S)
    02/28/2013 9:00 AM DEPT. PJ COURT TRIAL (SHORT CAUSE) TIME ESTIMATE 01:00 HOURS

    I have court date 2/28/2013

    What do i do now
    Any help please.

    From my Answer :

    1. Plaintiff has failed to state facts sufficient to state a cause of action against Defendant upon which
    relief may be granted
    2.Defendant claims Lack of Privity as Defendant has never entered into any contractual or
    debtor /creditor arrangements with the Plaintiff.
    3. Plaintiffs complaint fails to allege whether or not the purported assignment was partial or complete
    and there is no evidence that the purported assignment was bona fide.


    thanks for any help

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,885

    Default Re: Portfolio Recovery Suing Me in Court

    What do i do now
    Get a lawyer and show up for court. If you can't afford an attorney, show up for court anyway. In any case, show up for court. If you don't, the plaintiffs will win a default judgment.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Jan 2013
    Posts
    3

    Default Re: Portfolio Recovery Suing Me in Court

    Anyone else any help?

  4. #4
    Join Date
    Jan 2013
    Posts
    3

    Default Re: Portfolio Recovery Suing Me in Court

    UPDATE!!! So i just got in the mail form CIV-110 request for dismissal!
    #1 (5) is check marked: entire action of all parties and all causes of action
    its signed by the other attorney

    so are they requesting dismissal?

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