Debt buyer

Sued by Portfolio Recovery Associates, LLC? Don't ignore it.

A large debt buyer. Like other buyers, they have to prove they actually own your account.

Most courts give you 14 to 30 days to respond. If you do nothing, they win automatically.

Who is Portfolio Recovery Associates, LLC?

Portfolio Recovery Associates is part of PRA Group and buys charged-off consumer accounts in portfolios. They are not the bank you originally dealt with.

They bought your debt, and that matters

A debt buyer has to prove it actually owns your specific account. That means an unbroken paper trail from the bank that opened it, all the way to them. This is where these cases most often fall apart, because the paperwork frequently does not exist in the form a court requires.

What tends to matter in these cases

  • Demand the complete chain of assignment from the original bank to them.
  • Their affidavits are typically signed by an employee who never handled your account.
  • Records created by the original bank are hearsay unless they can lay the proper foundation.
  • Check the date of your last payment against your state's time limit for suing.

What to do right now

  1. 1

    Find your deadline

    It counts from the day you were served, not the date on the paperwork. Write it on a calendar today.

  2. 2

    File an Answer

    This is the document that stops them winning by default and forces them to prove their case.

  3. 3

    Make them prove they own it

    Use discovery to demand the original agreement and the complete chain of ownership.

Sued by someone else?

CaseDefender is an online provider of legal fill-in-the-blank forms and general legal information. CaseDefender is not a law firm, does not act as your attorney, is not affiliated with any law firm, and does not provide legal advice or legal representation. No attorney-client relationship and no attorney-client privilege is created by using this service. You are representing yourself. Any document you produce is your own document: you are solely responsible for reviewing it for accuracy, for every legal decision you make, for confirming it complies with the rules of your court, and for filing and serving it on time. Court rules, deadlines, and the law vary by state and by court, and they are strict. CaseDefender cannot guarantee any result and is not responsible for the outcome of your case. If you want advice about your situation, consult a licensed attorney in your state; your state bar association maintains a referral directory.