Portfolio Recovery Associates, LLC Lawsuit in Florida
Portfolio Recovery Associates is a debt collection company that purchases old credit card debt from companies who wish to write the debt off their books. They are a publicly traded company. The debt that is sold to them is usually old, which is why they can buy it for mere pennies of its real worth. Sometimes they start collection calls but more often than not, they move directly to issuing a summons for you to appear in court in Florida.
Most Florida Consumers Ignore a Summons
It's hard to believe, but that's exactly what consumers do, and it's exactly what Portfolio Recovery Associates is hoping you will do. By ignoring a summons to appear in court, they can easily get a default judgment against you for your credit card debt. This can result in garnished wages, funds seized from your bank account and a lien possibly put against your home.
Defenses Used When You Receive a Summons
Many consumers who have credit card debt do not realize there are common defenses to the lawsuit that may result in the case being dismissed or settled for a significant discount.
Statute of Limitations Defense
When a credit card company sells their old debts, it's not unusual to have them sell debt that has passed the statute of limitations in Florida. After that, Portfolio Recovery Associates is not allowed to use the courts to collect the debt but you still have to prove this defense..
Is The Debt Valid?
In recent years, due to the economic downturn, there has been a large increase in debt collection agencies suing credit card owners who have defaulted on their debt. Often, the documents that Portfolio Recovery submits to the court or produces in discovery are incomplete or don't prove the debt belongs to the person being sued. As well, robo-signed documents are also appearing in courts, which is basically the practice of debt buyers singing thousands of identical affidavits per day. These affidavits need to be challenged in court.
Contact Info for Portfolio Recovery:
120 Corporate Blvd.
Norfolk, Virginia 23502
Telephone Toll Free 1-888-772-7326
Contact Weston Legal if you have been served with a Portfolio Recovery Lawsuit in Florida.