Being sued by portfolio recovery services

[gbelcher1980]

What is the name of your state (only U.S. law)? Florida

I'm being sued by portfolio recovery service. They sent me a packet of there evidence which consist of some bill of sales which none have anything that say they pertain to an account with my name on it. They have an ave-davit that says they bought a pool of accounts from GE but they do not have anything about an account with my name on it was one of them. and they have 6 bills with my name on it showing I paid the bill then a 6 or 7 month gap and then a last bill. There is nothing in there that shows they even own an account with my name on it. Do they have a case?

 

[quincy]

What is the name of your state (only U.S. law)? Florida

I'm being sued by portfolio recovery service. They sent me a packet of there evidence which consist of some bill of sales which none have anything that say they pertain to an account with my name on it. They have an ave-davit that says they bought a pool of accounts from GE but they do not have anything about an account with my name on it was one of them. and they have 6 bills with my name on it showing I paid the bill then a 6 or 7 month gap and then a last bill. There is nothing in there that shows they even own an account with my name on it. Do they have a case?

Does Portfolio Recovery Service have a case? They apparently think they do.

If you had an account or accounts that you failed to pay, you would still owe the money on that account or these accounts - and that is what Portfolio Recovery Services is hoping to collect by suing you. GE has apparently provided PRS with your account history when PRS purchased your debt, and an affidavit saying these are, in fact, accounts opened in your name.

You have some possible defenses, with one being the statute of limitations. Some old debts that are purchased by debt recovery services are past the date of collection by lawsuit. You will want to check on this.

But you will especially want to respond to the complaint filed against you. Many debt recovery services rely on those they sue not responding to the complaints served - and these companies will then win a default judgment, which they can use to garnish your wages and attach your assets.

I suggest you see an attorney in your area (perhaps a free legal aid clinic) for a personal review of all documents.