Thursday, July 15, 2021

Portfolio Recovery Associates Sued Me! What Are My Options?

If Portfolio Recovery Associates has sent you a citation, you are not alone. You may not even realize they are one of your creditors since Portfolio Recovery Associates is not a bank or an issuer of credit. Yet Portfolio Recovery Associates, or PRA, is one of the most prominent debt collectors in the U.S. They make a profit by purchasing overdue debts, including student loans, medical bills, and credit card debts, and collecting them from the debtors.

When PRA reports your debt to credit bureaus, it can do significant damage to your credit score and lower your chances of obtaining a loan or mortgage. What are your options when dealing with Portfolio Recovery Associates? Drawing from more than 15 years of experience in bankruptcy, debt collection defense, and consumer protection, attorney Daniel Ciment, owner of Ciment Law Firm, PLLC, in Katy, TX, offers valuable insight.

How Does PRA Work?

Many people have old outstanding debts their lenders are unwilling or unable to recover. If a creditor tries and fails to collect the debt, they often give up and charge it off. To recover at least part of the owed amount, the lender may sell the debt to a company like Portfolio Recovery Associates, which then legally becomes the creditor.

PRA purchases debts for less than what the debtor owes, then contacts the debtor and attempts to collect the full amount of debt, often with late fees and interest. The difference between the purchase sum and the amount they claim from the debtor is their profit margin.

Portfolio Recovery Associates often employs aggressive debt collection tactics, including multiple daily calls, harassment, threats, and citations. That is why you need an advocate like Ciment Law Firm, PLLC, Texas Consumer Protection, fighting on your behalf. Don’t try to deal with them alone — or worse, ignore the lawsuit in the misguided belief it will just go away. It won’t. Believing a creditor will simply absolve them of their debts is the worst mistake consumers make when facing legal action from a creditor. Powerful debt collectors like Portfolio Recovery Associates NEVER forget about a debt. Furthermore, if they have invested the time and money into initiating a lawsuit and sending you a citation, there’s ZERO chance they will just “forget” to demand the money from you.

What To Do If PRA Is After You

If Portfolio Recovery Associates contacts you, don’t ignore them. Instead, call the Ciment Law Firm, PLLC, in Katy, TX, at 281-937-3949 to evaluate the basis of their claim and understand how it may implicate you.

Among other things, Ciment Law Firm, PLLC, Texas Consumer Protection, will talk with a PRA representative and stress our knowledge of your rights under the FDCPA (Fair Debt Collection Practices Act). We know, for example, the FDCPA states that a debt collector cannot:

  • Harass you with continuous calls or call you outside designated hours
  • Use abusive language, threats, or manipulation
  • Report false claims to a credit bureau

Ciment Law Firm, PLLC will keep a written record of all communication to retain substantial evidence. If appropriate, the Ciment Law Firm staff will use the FDCPA (Fair Debt Collection Practices Act). The FDCPA states that a debt collector cannot:

  • Harass a debtor by continuous calls or calling outside designated hours
  • Use abusive language, threats, or manipulation
  • Report false information to a credit bureau

Our legal team keeps all communication in writing to avoid misunderstandings and retain important evidence.

Have You Received A Citation from Lawyers for Portfolio Recovery Associates?

If PRA has already served you with a citation, we understand how terrifying it can be. You have a limited amount of time to respond, so no matter how panicked you feel, do NOT ignore the citation or try to take on PRA alone. PRA is a formidable foe supported by an experienced team of attorneys. What happens if you ignore the citation? The judge will assume you owe the debt. Once that happens, PRA can enter a default judgment against you that gives them the authority to collect the amount of money they sued you for, PLUS interest by:

  • Placing a lien on your property
  • Freezing your bank account funds or garnishing the money in your bank account

Don’t wait until it’s too late! Call Ciment Law Firm, PLLC, Texas Consumer Protection, at 281-937-3949.

Ciment Law Firm, PLLC, Texas Consumer Protection, Is On Your Side

When you meet with a debt lawsuit defense lawyer at Ciment Law Firm, PLLC, Texas Consumer Protection, they will review the evidence. Even if you believe you legally owe the debt to PRA, we could potentially uncover evidence that can help you win your case. With a copy of your credit report, we can determine if there are:

  • Errors or omissions in the paperwork
  • Illegal credit agreement
  • Improper summons
  • The statute of limitations has expired
  • Illegal debt collection practices
  • The payment was made, or a payment arrangement is in effect

Ciment Law Firm, PLLC, Texas Consumer Protection, knows you have a legal right to demand debt verification from PRA, including the original creditor, the debt amount, and obligation dates. If Portfolio Recovery fails to provide debt validation or has incorrect information—such as mistaken identity or another error—they must cancel the claim and correct the information they sent to credit bureaus. However, a consumer must demand debt validation within 30 days from PRA’s first contact, so give us a call right away at 281-937-3949.

Negotiate Repayment

If the claim is valid and you owe the debt, we can negotiate on your behalf with Portfolio Recovery Associates and settle for a reduced amount.

Rebuild Your Credit with Ciment Law Firm, PLLC’s 3-Step Proven Process

At Ciment Law Firm, PLLC, Texas Consumer Protection, we have the experience and knowledge you need to resolve a diverse range of debt issues and financial legal challenges. Whether the problem is with PRC or any other creditor, we immediately get you on the right track when you choose to work with us. Our debt defense lawyers use our 3 Step Proven Process for Debit and Credit Freedom to help you when facing a debt lawsuit:

  • Resolve your debts.
  • Protect your rights.
  • Rebuild your credit.

We understand how frightening it can be to deal with a debt lawsuit, and we’re ready to help you rebuild your credit and reclaim your life. Learn more about each step and how our services put you on the path to financial stability here.

Debt Defense Lawyers at Ciment Law Firm, PLLC, Texas Consumer Protection, Can Help You Deal with Portfolio Recovery Associates and Other Debt Collectors

Countless people across the U.S. have filed complaints against Portfolio Recovery Associates for violating the FDCPA.

Examples of transgressions included harassing behavior, threats, violating the debtor’s privacy by telling other people about the debt, and collecting the debt by unfair and unethical means. PRA is notorious for targeting financially vulnerable people living on Social Security.

In some cases, Portfolio Recovery Associates even tried to collect debts they couldn’t prove the debtors owed. If PRA is pursuing you, our debt assistance attorneys are here to help. Whether you’re dealing with PRA or any other debt collector, let us put our 3-Step Proven Process to work for you.

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 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. At Ciment Law Firm, PLLC, Texas Consumer Protection, there is no fee unless you win!

Copyright©, 2021, Ciment Law Firm PLLC. All Rights Reserved.

The information in this document is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to 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.

Ciment Law Firm, PLLC
24275 Katy Freeway, Suite 400
Katy, TX 77494
281-937-3949
https://www.cimentlawfirm.com/



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