George Simons | October 19, 2022
Summary: Is Central Portfolio Control suing you for a debt? SoloSuit can help you take a stand and win in court.
If Central Portfolio Control has contacted you about an unpaid debt or you have been served with a debt collection lawsuit by this agency, do not throw your hands up in despair. You have certain legal rights and protections when being contacted by a debt collector or when sued by a debt collector in court.
Central Portfolio Control is a debt collection agency operating out of Minnetonka, MN. It specializes in the collection of severely overdue debts that consumers owe to other businesses and financial institutions.
If you feel frustrated by Central Portfolio Control, you're not alone. The Consumer Financial Protection Bureau complaint database lists more than 220 complaints against Central Portfolio Control. On its Better Business Bureau profile, Central Portfolio Control has more than 80 complaints posted in the last three years.
These complaints include the following actions by Central Portfolio Control:
Let's take a look at an example.
Example: One consumer's identity was stolen and suffered from several instances of credit card fraud. The consumer reported the identity theft to the government, but that didn't stop Central Portfolio Control from contacting them about the debts. The consumer disputed these debts through several modes of communication: phone calls, email, etc. They never received a reply. On one occasion, Central Portfolio Control even called the consumer twice within 24 hours to get them to pay the debt.
Luckily for you, the federal government has laws in place to protect consumers like you. Keep reading to learn more about how the Federal Debt Collection Practices Act (FDCPA) can keep you safe from abusive debt collectors.
The FDCPA rules are just as important as any other debt collection statute. If your debt collector violates any of these rules, you can build up a case against them to claim victory in court. Here is what you need to know about FDCPA rules and how to use them to your advantage.
Many debt collection agencies misrepresent information as a tactic to push the debtors into honoring their debts. Some claims are often made through a phone call.
As a result, it is difficult for a debtor or court to hold debt collectors accountable for undocumented claims. You must request the collection company to make every claim in writing. FDCPA requires that official communication from the debt collectors be done through the U.S mail system.
You have a right to ask Central Portfolio Control to mail you an official communication. If they ignore your request, you may be able to defend yourself in court citing their lack of response.
It is common for Central Portfolio Control to purchase charged-off accounts from other companies. As a result, they may have lost track of the details of the debt, especially if the debt has moved from one collector to another. You may challenge Central Portfolio Control and demand they disclose more information on the debt.
Request a debt validation from Central Portfolio Control by sending a Debt Validation Letter. This forces Central Portfolio Control to provide the following information about the debt:
If they do not provide those details within 30 days, you can dispute the debt claims. Central Portfolio Control cannot pursue your case and use any debt collection tactics against you until they provide the requested information.
If they ignore your request and go ahead with filing a lawsuit, you can file a small claim action against them in a state court. You will need to provide the following evidence for your case:
The Fair Debt Collection Practices Act (FDCPA) is a federal law establishing what debt collectors can, and cannot, do in their efforts to recover on a debt. For example, the FDCPA states that debt collectors are not allowed to harass debtors or use any unfair means to collect their debt.
Unfortunately, many debt collectors are notorious for ignoring the rules and regulations outlined in the FDCPA. This is why you need to gain an understanding of your rights and protections under this federal law.
If Central Portfolio Control violates any of these guidelines, you can use it as evidence in your defense in court within one year. The violation does not count as evidence after one year.
A successful ruling may have you compensated for damages. If there is no proof of damages, you may be awarded up to $1,000 and any court and attorney fees reimbursed.
Use SoloSuit to respond to debt collection lawsuits in 15 minutes.
The statute of limitations is the period within which a creditor can file a lawsuit for defaulted debt payment. When this time elapses, the debt collectors are not allowed to file any lawsuits regarding the debt.
Different states have different statute limitations that differ by type of debt and agreement (whether in writing or verbal).
The statute of limitation period starts to count from the date a debtor defaults payment. If you decide to make a late payment of the debt or pay after pleading guilty in a lawsuit, the statute of limitation period starts over.
The debt becomes time-barred once the statutory period expires. Even though you know that your debt is time-barred and you can prove it, it is still a good idea to reply to a lawsuit from Central Portfolio Control regarding your debt.
You will then use evidence of time-barred debt as your defense.
We've covered a lot here, but here's a quick overview of what to do if you get sued by Central Portfolio Control and how you can beat them in court:
These are effective methods for how to beat Central Portfolio Control in court.
If Central Portfolio Control has sued you for a debt, the first step to beating them in court is to respond by filing a written Answer. Follow these six steps to draft the best Answer for your case:
Watch this video to learn more about these 6 steps:
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
"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
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
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