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.
What is Central Portfolio Control?
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:
Calling multiple times a day to discuss a debt.
Reporting incorrect information to the credit bureaus.
Claiming the wrong amount of debt.
Failing to validate a debt.
Not providing documentation when a settlement is reached.
Other violations of the FDCPA.
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.
Use FDCPA violations to ceat Central Portfolio Control in court
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.
Get every communication with Central Portfolio Control in writing
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.
Demand Central Portfolio Control prove you actually owe the debt
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:
The original creditor
The exact amount owed
The procedure for disputing a debt
Proof that the debt has not been cleared
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:
A mailed letter to Central Portfolio Control requesting the information.
Proof that the letter was delivered.
Failure by Central Portfolio Control to provide the information within the stipulated 30 days.
The FDCPA protects you from aggressive debt collectors
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.
Making calls to you while at work if your employer does not allow calls during working hours.
Making calls to you at odd hours.
Talking to another person other than your lawyer or spouse about your debt.
Threatening to arrest you if you fail to pay the debt.
Threatening to seize your property if you fail to pay unless they have a warrant.
Using obscene language and threats against you.
Stating a different amount of the debt other than what you owe.
Making any false allegations about the debt.
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.
The statute of limitations can work in your defense
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.
What to do if you are sued by Central Portfolio Control
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:
Take careful notes when you receive phone calls before 8:00 am or after 9:00 pm. Debt collectors are prohibited from calling you before or after regular business hours. They also cannot call you at work or use foul language.
Be sure to file an Answer to the debt collection lawsuit within the proper time frame.
In the Answer, you should consider raising at least one affirmative defense, such as the company violated the FDCPA. Also, demand that ERSolutions prove that you owe the amount they say. They also need to prove you are the person who owes the debt.
Consider filing a counterclaim if you think they violated the FDCPA.
These are effective methods for how to beat Central Portfolio Control in court.
Use these steps to draft an Answer to your debt lawsuit
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:
The Answer isn't the place to tell your side of the story in detail: Most people feel pretty defensive when they get sued for a debt. In fact, many consumers respond by writing a lengthy letter describing their side of the story. This can actually end up weakening your case. In your Answer, you should stick to the basics. Respond to each claim against you that is listed in the Complaint document. You can either admit, deny, or deny due to lack of knowledge.
Deny Deny Deny: Most attorneys recommend that you deny as many of the claims as possible. Denying is kind of like saying, “prove it,' which forces Central Portfolio Control to do more work on their end. In fact, many debt collectors would rather drop the case then prove their claims. Some don't even have the proper documentation needed for proof.
Include defenses: After you've responded to each claim, include a section where you assert your affirmative defenses. These are legal reasons that Central Portfolio Control's case against you is invalid. We discussed the statute of limitations above, which is a great example of an affirmative defense. SoloSuit can help you make the right affirmative defenses, the right way.
Use standard formatting or “style”: Your Answer should look clean and professional. You should use standard legal formatting for your margins, font, font size, and spacing. At the top of the document, include a caption that states the case information: court location, party information (your name and the name of the party suing you), and the court case number.
Include certificate of service: At the end of the Answer document, include a certificate of service that verifies you sent a copy of the Answer to the attorneys representing Central Portfolio Control. This should include the exact name and address you used.
Sign it: Don't forget to sign your Answer! Most courts reject Answers without signatures, so it's important to remember this crucial step.
Watch this video to learn more about these 6 steps:
What is SoloSuit?
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.
Respond with SoloSuit
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