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  1. #1
    Join Date
    Jan 2008
    Location
    deland, florida
    Posts
    3

    Question Being Sued By Portfolio Recovery Assoc

    Hello, I am from Florida. I am being sued for a 1999 providian credit card debt. I received a summons last month that PORTFOLIO RECOVERY ASSOC. & HAYAT AND HAYAT & LANDAU out OF miami, FL. were suing me on old credit card debt that they had repurchased since it was charged off. I sent them request for validation request and also filed this with the court. Today I received motion for summary judgement ; they will show the court that
    1. there are no genuine issues as to any material fact and plaintiff is entitled to a judgement as a matter of law based upon the pleading on file herein.
    2. more specifically plaintiff would show unto this court that all the factual allegations contained in plaintiffs complaint are undisputed as a result of the pleadings on file herein , in addition , see affidavit in support of motion for summary judgement as exhibit A.
    3. THE SUBSTANTIALissue of law to be determined is as follows:
    WHETHER PLAINTIFF IS ENTITLED TO A SUMMARY JUDGMENT WHEN DEFENDANT MERELY FILES A GENERAL DENIAL RAISES NO AFFFIRMATIVE DEFENSES AND PLANTIFF FILES AN AFFIDAVIT SUBSTANTIATING ITS CLAIM?
    They sent me a notorized letter stating I AM THE DULY AUTHORIZED RECORDS CUSTODIAN FOR PLAINTIFF AND ASCERTAINED THAT DEFENDANT IS JUSTLY INDEBTED TO THE SAID PLAINTIFF.
    They also sent computer print out which looks like copy of top of providians credit card statement in my name with the date april 2004.
    Also print out that appears to be summary which says payment 02/19 no year. My credit report states charge off 12/2004. ARE they trying to roll SOL FORWARD? They also did not send any papers as I requested in validation letter with copies of papers that show I agreed to pay what they say I owe. ALSO THEY MOTIONED FOR TELEPHONIC APPEARANCE AT MOTION SUMMARY.....WHICH WAS ORDERED AND ADJUDGED. The trial is scheduled for Feb 26th,2008. Sorry about any typos I was trying to list as much info as I could.Help please.

  2. #2
    Join Date
    Jan 2006
    Posts
    25,788

    Default Re: Being Sued By Portfolio Recovery Assoc

    did you ever file a response to the suit?

    If not, then they are going to be awarded a default judgement unless you hop on your horse and get things moving.

    Once a suit is filed, you MUST deal with that. It sounds like you are about 3 steps behind on everything and will lose because you are not addressing the correct issue.

  3. #3
    Join Date
    Jan 2008
    Location
    deland, florida
    Posts
    3

    Question Re: Being Sued By Portfolio Recovery Assoc

    Yes, I filed with the court on the first summons. I requested validation. Now I am wondering what my next step would be. Did I do this incorrectly? I havent received notification from the court on the new motion for summary judgement (this came from HAYT,HAYT&LANDAU.)

  4. #4
    Join Date
    Jan 2006
    Posts
    25,788

    Default Re: Being Sued By Portfolio Recovery Assoc

    A proper response to a summons is not requesting validation. That is something that would come out in the trial.

    You must respond with reasons you believe defend you against the claim like; I don;t owe the money because I never has an account with Providian. or; the statute of limitations bars any court action on this debt. or whatever reasoning you believe it is incorrectly being collected upon.

    If you responded with a request for validation, the courts will see this as a non-response as you have provided no defense to the summons and what you are experiencing now, with the request for summary judgement.

    You are deeper into this than I can help you through since the courts are already at the hearing for the summary judgement stage. Hopefully Aaron will see this thread and take you through the steps neccesary to get back to the trial stage, which even if you get there, may be a problem as you have not raised any defenses to the claim, which is what your initial response should have been. In some courts, if you did not raise the defense properly in your response, you are barred from using it later.

    Depending on the amount involved and because of the time constraints involved, you might be best served by at least consulting a local attorney and even hiring one if the amount is great enough to warrant such actions.

  5. #5
    Join Date
    Jan 2008
    Location
    deland, florida
    Posts
    3

    Question Re: Being Sued By Portfolio Recovery Assoc

    The only defense I would have is that I owed providian not portfolio recovery assoc. or that I am unemployeed (which no money isnt really a defense) since nov 07 and have nothing but, unemployment, husband just got job after 5 years($12hr barely enough to pay bills) 2000 nissan worth $5550. I have another judgement already against me from 8 months ago (which they put off disposition since I am judgement proof at this time. I was hoping to play catch up but, just keep getting deeper and deeper. I am deep in a hole and I GUESS THE ONLY WAY FOR ME WOULD BE BANKRUPTCY.

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