Author Topic: Sued by Portfolio Recovery (Bank of America)  (Read 13712 times)

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altony

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Sued by Portfolio Recovery (Bank of America)
« on: August 16, 2012 02:07:08 AM »
Good evenening all

Tonight i came home and found a lot of attorneys junk mail (advertisments).

I was very much surprised and once opened i was in for a real schock.  I am being sued by Portfolio Recovery.

I have NOT BEEN served and will file a response with the Court (answer to summons) .

I am trying to look up the court info on the docket but i cant find it.

I live in the state of GA county: COBB .

Any suggestions and help is appreciate it.


BigSal

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #1 on: August 16, 2012 03:25:00 AM »
Good evenening all

Tonight i came home and found a lot of attorneys junk mail (advertisments).

I was very much surprised and once opened i was in for a real schock.  I am being sued by Portfolio Recovery.

I have NOT BEEN served and will file a response with the Court (answer to summons) .

I am trying to look up the court info on the docket but i cant find it.

I live in the state of GA county: COBB .

Any suggestions and help is appreciate it.

If I haven't been served, I would not file an answer until I have been served.  In my state, if a defendant is not served within a certain number of days, the court automatically dismisses the case without prejudice and makes the plaintiff bear all the costs.
If you need legal advice, go see a lawyer.

howucantoo

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #2 on: August 16, 2012 04:51:52 AM »
Have you had any contact with these people? Calls , letters anything?

If it was me I would rock their world too, and file MTC arbitration.

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
My PM is turned off.

altony

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #3 on: August 16, 2012 05:01:08 AM »
Thank you for all your valuable answers.

I have not yet been served (state GA) and according to the information gathered from DB i should file motion to dissmiss based on not being served properly.

I copied some samples and will go to Magistrate (Small Claims) Court tomorrow.

It seems certain that the suit has been filed but not served (yet)

Any other help & guidance is gratefuly appriciate it

P.S Have you had any contact with these people? Calls , letters anything? Yes the Attorney in the past for Portfolio Recovery sent a letter and i sent a DV letter back and then they went radio silent.

If it was me I would rock their world too, and file MTC arbitration

howucantoo

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #4 on: August 16, 2012 05:30:38 AM »
Thank you for all your valuable answers.

I have not yet been served (state GA) and according to the information gathered from DB i should file motion to dissmiss based on not being served properly.

I copied some samples and will go to Magistrate (Small Claims) Court tomorrow.

It seems certain that the suit has been filed but not served (yet)

Any other help & guidance is gratefuly appriciate it

P.S Have you had any contact with these people? Calls , letters anything? Yes the Attorney in the past for Portfolio Recovery sent a letter and i sent a DV letter back and then they went radio silent.

If it was me I would rock their world too, and file MTC arbitration

Now, why on earth would you file a MTD for not being served? I mean seriously what is your reason? was the suit filed over a year ago or a certain time frame by your state RCP?

Plaintiff can serve anytime they get a sheriff or process server. Maybe they came by and you weren't home !

I suggest reading and following your court rules. MTD will not fly for the reason you are stating, it will only show that you are a rooky and don't know what you're doing.

 Once it took more than half a year to serve me, it was a blessing, I took that time and learned my rights, have I been served right away I would have had SJ stamped in my file.
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
My PM is turned off.

GRINGO

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #5 on: August 16, 2012 07:25:49 AM »
In my area, they like to serve the summons on a Sunday morning when they know you will be home. I knew about this 3 weeks before the knock on the door.

I asked the server-(same one as last time) what took you so long!

Oh-he was wearing a bullet proof vest,  I wonder why?

So, if you are able to find that your suit has been filed, that is your notice to start burning the midnight oil to get all of your ducks lined up in a row. Once I was served, I waited till 5 days before it expired before I unleashed by reign of terror, filing answer & motions,certified green cards, a trip to get something notarized,etc.
If you think I am an attorney, you are quite mistaken. If you are looking for legal advice check the  yellow pages!

deepkimchee

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #6 on: August 16, 2012 07:40:02 AM »
Curious as to why you waited until the last minute to unleash your reign of terror?  What is behind this strategy?
I refuse to let a piece of paper intimidate me

My statements are educated/non-educated guesses, not legal advice

altony

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #7 on: August 16, 2012 01:23:11 PM »
I am going this morning to respond to the suit and this MTC arbitration WAS NOT smth i came up but i was advised on that.

I can file general denial ? Not properly served?

I have the paperwork and can present that

ladygarner

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #8 on: August 16, 2012 01:45:24 PM »
I have the paperwork and can present that

By paperwork, do you mean the complaint? If so, is there proof of service attached?

Is there an actual court date?

If you are going to the courthouse, do yourself a favor and don't file anything. What I would do is get a copy of the complaint (if you don't already have one) and see if there is proof of service attached. If there is, then you may have something. If not, that just means it's out there somewhere and on its way to you.

You may shoot yourself in the foot if you jump the gun and file things prematurely.
« Last Edit: August 16, 2012 02:12:27 PM by ladygarner »
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altony

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #9 on: August 16, 2012 03:47:50 PM »
Hello

Went to the court house to inquire about the suit and the clerk advised that i was being sued by Frederick J Hanna and Associates regarding a credit card with Bank of America.

Since i went up there and signed she said that now it is deemed that you were properly served. (acknowledgment of service)

I filed a answer : The Plaintiffs claim is denied for improperly serving Defendant. The suit has not merit.

The clerk advised that I will be notified regarding the Court date by Mail.

GRINGO

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #10 on: August 16, 2012 04:03:06 PM »
I always file everything practically at the last moment for various reasons.

For one, I like to use all the time in the world to insure everything has been done correctly. I proof read everything thoroughly.

And of course, in case the plaintiff is counting on me to not file an answer, they are in for a vast surprise.  I not only send in my answer, but I also file my motion at the same time-a double whammy.

Gone are the days where I send in the answer and go to court looking like  a fool like the other 99% folks that do show up.

Much better prepared now, and of course I use all of my allotted time. I suppose I could send everything in the day before as well-but you know how mail is these days.
« Last Edit: August 16, 2012 04:37:49 PM by Admin3496 »
If you think I am an attorney, you are quite mistaken. If you are looking for legal advice check the  yellow pages!

freedy

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #11 on: August 16, 2012 04:09:52 PM »
Hanna has had many problems in the State of Ga. I would check with
the AG 's office to see what,if anything is going on with Hanna.


maggie22

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #12 on: August 16, 2012 04:31:50 PM »
Hello

Went to the court house to inquire about the suit and the clerk advised that i was being sued by Frederick J Hanna and Associates regarding a credit card with Bank of America.

Since i went up there and signed she said that now it is deemed that you were properly served. (acknowledgment of service)

I filed a answer : The Plaintiffs claim is denied for improperly serving Defendant. The suit has not merit.

The clerk advised that I will be notified regarding the Court date by Mail.

If that was your answer then you have a lot of work to do.  You served yourself so improper service will get you nowhere.

Did you include affirmative defenses?  In many jurisdictions failing to plead those in the first responsive pleading waives them.  I don't like the sounds of this.

altony

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #13 on: August 16, 2012 04:35:51 PM »
I see that you have advised about motions and affirmative defenses.

My defense has been that this was fraud and sent Plaintiff letters and have affidavid as well.

What else and how should i do it ?

altony

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Re: Sued by Portfolio Recovery (Bank of America)
« Reply #14 on: August 16, 2012 04:55:02 PM »
The Clerk gave me a copy of the Complaint where the Attorneys of Frederick J Hanna state that i was in contracnt with MBNA and they filed with the court (i will summarize the complaint)

The Defandant breached the credit card agreement by failng to pay as agreed and left outstanding balance of 3,954

All legal rights of the Defendands Card were legally assighed to Plaintiff.

Therefore Plaintiff demands Judgement agains Defendant for 3.954 us plus court cousts.

This is s summary of the complaint. 

My question is: How would i go file an aswer regarding each allegation?

 

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