If you are served with a lawsuit by Portfolio Recovery Associates, LLC, you are not alone. Suing consumers is part of Portfolio Recovery Associates’ business model. However, this doesn’t mean that you can simply ignore the lawsuit. If you fail to respond to a lawsuit by Portfolio Recovery Associates, the court will enter a default judgment against you, and you will be forced to pay the amount allegedly owed. In this article, we explain how to respond to a Portfolio Recovery Associates lawsuit.
About Portfolio Recovery Associates, LLC
Portfolio Recovery Associates, LLC, is one of the country’s biggest debt collectors. Also called a debt buyer, this company purchases unpaid debts from financial institutions and creditors for pennies on the dollar. After purchasing debts, it then attempts to collect them from consumers. One tactic that Portfolio Recovery Associates uses to collect debts is to file lawsuits against consumers.
What to Do if You’re Sued by Portfolio Recovery Associates, LLC
If you’ve been sued by Portfolio Recovery Associates, you should take the following steps:
(1) Don’t Ignore the Lawsuit
First, you should never ignore a lawsuit from Portfolio Recovery Associates. In fact, this is what debt buyers expect consumers to do. If you fail to respond to the lawsuit, the court will enter a default judgment against you, which means you will be on the hook for the amount owed. And even if you refuse to pay, the court has ways to collect the amount owed. Specifically, depending on the type of debt involved, the court may collect the amount owed in one of the following ways:
- Wage garnishment
- Bank account garnishment
- Seizure of property
- Property lien
(2) Respond to the lawsuit
The main component of not ignoring your lawsuit is to respond to it in a manner that is timely and legally sufficient. In California, you generally have 30 days to respond to a debt collection lawsuit. In your response to the lawsuit, you should address the allegations against you and assert any applicable defenses. However, as discussed below, to properly respond to a debt collection lawsuit, you should seek the assistance of an experienced attorney.
(3) Consult with a Debt Collection Lawsuit Defense Attorney
Finally, if you’ve been sued by Portfolio Recovery Associates, LLC, in California, you should contact a debt collection defense lawyer as soon as possible. An experienced attorney will respond to the lawsuit to ensure that the court doesn’t enter a default judgment against you. At Fullman Firm, our California debt collection lawsuit defense attorneys will protect your rights while pursuing an acceptable resolution of your case. We are known throughout California for our negotiation and litigation skills, so we can provide you with exceptional legal representation regardless of what happens in your case. Please contact us today to schedule a free and confidential consultation.
