No one intends to get behind on their bills. There could be an unexpected car repair, unexpected health bills, or simply life gets in the way. We understand what you are going through. Unfortunately, debt collectors become successful by filing lawsuits and utilizing intimidation tactics.
If Portfolio Recovery Associates, LLC (Portfolio Recovery Associates) has sent you a pre-legal notification, it is essential to note that you have rights as a consumer. You need a debt defense attorney to advocate on your behalf and advise you through this process. You can trust the experienced attorneys at Ciment Law Firm, PLLC, Texas Consumer Protection, who focus on debt-collection lawsuits.
Let’s Recap: Who is Portfolio Recovery Associates?
Portfolio Recovery Associates, also referred to as Portfolio Recovery, has been in business since 1996. Since then, they have become one of the largest debt collection companies in the world. They purchase debt, mostly from credit card issuers, such as Capital One, CitiBank, Synchrony Bank, etc.
Portfolio Recovery Associates is NOTORIOUS for deceptive tactics. Did you know that the Consumer Financial Protection Bureau (CFPB) has received over 9,000 complaints about Portfolio Recovery Associates? Some of the topics of the complaints to the CFPB included:
- Attempts to collect a debt not owed
- Communication tactics
- Filed incorrect information on the consumer’s credit report
- False statements or representation
- Threatened to take adverse or legal action
- Written notification about a debt
This company is not in business to help you or be your ally through this trying time. They will use every method available to obtain as much of the debt as quickly as possible. That includes lawsuits.
Why Did I Get a Pre-Legal Notification?
Portfolio Recovery Associates is one of the most litigious collectors in the United States, meaning they are NOT afraid to take you to court. When it comes to debt collection, it is more profitable to litigate as opposed to collect. When you litigate, Portfolio Recovery Associates uses the court as their collection agency. They want to scare you into paying without understanding your options or rights.
Timing is of the essence, and it is critical to hire an experienced debt defense attorney to help guide you through the process.
What Do I Do Now that Portfolio Recovery Associates is Suing me?
If Portfolio Recovery Associates sued you for a debt, it is in your best interest to speak with us sooner rather than later. You must respond to the lawsuit.
If you do not respond, three things will happen:
- Portfolio Recovery Associates will likely file a “request for default,” which means that you no longer have the ability to respond to the lawsuit and defend yourself. Once you have defaulted, you will not be able to disagree with the amount of money you feel you owe.
- Portfolio Recovery Associates may then ask the court to enter a default judgment against you.
- Finally, Portfolio Recovery Associates can enforce the judgment against you by garnishing the money in your bank account, levying, or liens. These actions will also show up on your credit report.
It is important to remember that Portfolio Recovery Associates has the burden of proof to prove the following:
- They own your debt
- The debt amount is correct
- Your information in the lawsuit is correct
- The statute of limitations hasn’t passed
If Portfolio Recovery Associates can’t meet the burden of proof, then there is a good chance your lawsuit can and will be dismissed.
How Do I Hire the Right Debt Defense Attorney?
Don’t try to deal with Portfolio Recovery Associates alone — or worse, ignore the lawsuit in the misguided belief it will just go away. Call Ciment Law Firm, PLLC, Texas Consumer Protection, at (281) 937-3949. We are on your side.
When you hire our experienced attorneys, we will review the evidence. With a copy of your credit report, we can determine:
- Errors or omissions in the paperwork
- Illegal credit agreement
- Improper summons
- Expiration of the statute of limitations
- Illegal debt collection practices
- You made a payment, or a payment arrangement is in effect
In addition to reviewing your credit report, we will meet with you to see if Portfolio Recovery Associates has violated the Fair Debt Collection Practices Act. Debt collection companies such as Portfolio Recovery Associates cannot do the following while trying to collect a debt:
- Contact anyone who doesn’t own the debt
- Call before 8 a.m. or after 9 p.m. unless you have permitted them to do so
- Cause your phone to ring for extended periods or make repeated phone calls
- Contact you at work if you have asked them not to
- Make false statements to collect the debt or misrepresent the amount you owe
- Make threats of harming your credit or wage garnishment
- Send collection letters that appear to be from a court or government office
- Threaten to arrest you if you do not pay the debt
- Threaten to take legal action against you
- Use obscene or profane language
Call us today at 281-937-3949, and we will build a legal strategy specifically for you and your situation.
Contact Ciment Law Firm, PLLC, Texas Consumer Protection
At Ciment Law Firm, PLLC, Texas Consumer Protection, we focus on bankruptcy, debt collection defense, and consumer protection. We invite you to join our Texas Debt Defense & Protection Facebook Group for more information. We created this group for current and past clients of the Ciment Law Firm, PLLC, Texas Consumer Protection, and Texans struggling with their debt and looking for solutions. If you’re dealing with debt, were recently laid off, are behind on your house or car payments, or have been sued for a debt, we encourage you to join our group and get the support you need.
If you’re ready to start your journey to debt and credit freedom now, contact us at (281) 937-3949 or complete our online form to schedule a free case evaluation.
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The information in this document is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.