How to Win a Portfolio Recovery Associates Debt Lawsuit

George Simons

January 14, 2021

Summary: If you've been sued for a debt by Portfolio Recovery Associates, use SoloSuit to respond in just 15 minutes and win your lawsuit.

It's a terrible feeling to be served with a lawsuit from a debt collector. Yet, the worst thing you could do is ignore the lawsuit in the vain hope that it will all somehow go away. What you need to do if you receive a lawsuit from Portfolio Recovery Associates, or some other debt collector, is make them prove their case.

Why do that? Because, most times, debt collection companies like Portfolio Recovery Associates won't be able to prove their case at all.

It's true! You may assume that just because Portfolio Recovery Associates went through the trouble of filing a lawsuit they have the necessary paperwork to back up the suit -- think again.

More often than not, collectors like Portfolio Recovery Associates use a lawsuit as an intimidation tactic, but they lack the documentation to actually follow through with their case when someone calls them on it. Thus, even if you believe that you owe something, make sure that you respond to the lawsuit and demand proof of the amount they claim you owe.

In this article, we will talk a little about Portfolio Recovery Associates' track record. But, more importantly, we will tell you how you can easily respond to their lawsuit and demand proof for their claims. Fight back, and you will be able to beat Portfolio Recovery Associates at their own game. With the help of SoloSuit, you will have the information you need to demand that Portfolio Recovery Associates proves their case in court.

SoloSuit makes it easy to win a debt collection lawsuit.

Portfolio Recovery Associates' Track Record

Portfolio Recovery Associates seems to fit the stereotype of a classic debt collection company. They are a legitimate business, yet they have thousands of complaints made against them related to aggressive, unscrupulous, and, in some cases, illegal tactics used to get debtors to pay.

Further, Portfolio Recovery Associates does not originate loans or credit cards. Rather, they buy defaulted accounts from other banks and credit card companies. Thus, Portfolio Recovery Associates only buys a limited amount of information about your debt when they buy the defaulted account. The information they buy usually does not include the documentation needed to support a lawsuit against you in court.

Finally, Portfolio Recovery Associates has a reputation for filing lawsuits against debtors even when the debt is legally no longer recoverable, such as when the statute of limitations has already run on a particular debt.

Portfolio Recovery Associates is a debt collection company based in Virginia with about 320 employees, and an annual revenue at about $56 million. It uses several business names in addition to Portfolio Recovery Associates, including PRA III, and Anchor Receivables Management.

Now, How Do You Beat Portfolio Recovery Associates in Court?

As noted, the key to beating Portfolio Recovery Associates is to respond to the lawsuit. And the way you respond is by filing a document called an “Answer.” It is a rather simple document you need to create in which you (i) “admit” or “deny” every numbered paragraph that you see in the Complaint, and (ii) list any “affirmative defenses” that may be applicable. Some examples of affirmative defenses include the fact that you are not the person named on the relevant account, or that you have already paid the debt in full, or that debt is too old to be recovered because the statute of limitations has already run.

There are a few common mistakes that a lot of debtors make when faced with a lawsuit. Be sure that you avoid these mistakes:

  • Waiting Until the Last Minute. You typically have only 10 to 30 days to file an Answer to a lawsuit, depending upon the State in which you reside. So, make sure that you respond quickly. A failure to respond means that Portfolio Recovery Associates will be able to get a legal judgment against you.
  • Saying Too Much. Your Answer to Portfolio Recovery Associates' Complaint should be short. All you need to do is “admit” or “deny” the facts stated in the Complaint. You do not want to write a narrative about your financial situation, or provide more information than is requested.
  • Responding to the Debt Collector By Phone. Never communicate with a debt collector on the phone. Every communication must be in writing so you can protect yourself.
  • Continuing to Pay. It happens frequently that a debt collector will file a lawsuit -- even though you are already on a payment plan for that debt. Not cool. If you are in that situation, then stop making payments, and write a letter to the debt collector stating the reason why -- because they sued you.
  • Admitting the Amount You Owe. Do not be so quick to assume that the debt collector's claim for a certain amount of money is the correct amount. When it comes to the amount listed in Complaint, make sure that you “deny” that paragraph, unless you are 100% certain that they are stating the correct amount. If you don't know, then you should “deny” the paragraph anyway.
  • Forgetting to Demand Proof. This is the biggest mistake. You don't know if Portfolio Recovery Associates is bluffing. Given their track record, that is highly likely. So, somewhere in your Answer, you need to demand verification for the amount they say you owe.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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