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Old 03-29-2015, 04:30 PM
 
1 posts, read 1,517 times
Reputation: 10

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My wife who is responsible for her own bills has been sued by Portfolio Recovery Associates who purchased a Credit Card debt she owed a creditor. It appears she acknowledges that she owes this debt but is not sure how much. How much is on Portfolio Recovery Associates to prove vs. my wife? If she owes the debt which it appears she does it needs paid but when she calls the credit card company they have no record of what she owes stating the account was sold. In their complaint they show a statement from September 2013 but show buying the debt in May of 2014. I feel it is on them to produce the transaction history from September 2013 - May 2014 so we can understand what is owed and negotiate from there. Thoughts?

 
Old 03-29-2015, 04:53 PM
 
Location: Columbus
198 posts, read 524,657 times
Reputation: 105
Get a lawyer. Tell the lawyer to make Portfolio Recovery show the signed loan document. If they can't produce that document (which happens a lot when debt changes hands) then they have no case against you and must cancel the court date and drop all the debt on all three credit reporting agencies like it never happened.

I got lucky and it happened for me one time. Asset Acceptance bought some debt I had that my ex wife took out for me (she signed my name I believe). My lawyer asked them to produce the document of my signature. They couldn't produce it. They dropped the case and wiped my debt.
 
Old 03-31-2015, 11:07 AM
 
10,668 posts, read 5,643,157 times
Reputation: 10785
Quote:
Originally Posted by schomburgr View Post
My wife who is responsible for her own bills has been sued by Portfolio Recovery Associates who purchased a Credit Card debt she owed a creditor. It appears she acknowledges that she owes this debt but is not sure how much. How much is on Portfolio Recovery Associates to prove vs. my wife? If she owes the debt which it appears she does it needs paid but when she calls the credit card company they have no record of what she owes stating the account was sold. In their complaint they show a statement from September 2013 but show buying the debt in May of 2014. I feel it is on them to produce the transaction history from September 2013 - May 2014 so we can understand what is owed and negotiate from there. Thoughts?
Quote:
Originally Posted by Bodycount View Post
Get a lawyer. Tell the lawyer to make Portfolio Recovery show the signed loan document. If they can't produce that document (which happens a lot when debt changes hands) then they have no case against you and must cancel the court date and drop all the debt on all three credit reporting agencies like it never happened.

I got lucky and it happened for me one time. Asset Acceptance bought some debt I had that my ex wife took out for me (she signed my name I believe). My lawyer asked them to produce the document of my signature. They couldn't produce it. They dropped the case and wiped my debt.
The wife acknowledges that she owes the money. Are you really suggesting that if she can get off on a technicality, she should become a deadbeat and not pay what she owes? Seriously?
 
Old 03-31-2015, 11:12 AM
 
16,715 posts, read 19,394,013 times
Reputation: 41487
Quote:
Originally Posted by TaxPhd View Post
The wife acknowledges that she owes the money. Are you really suggesting that if she can get off on a technicality, she should become a deadbeat and not pay what she owes? Seriously?
It's been bought because she didn't pay the bill for over a year...
 
Old 03-31-2015, 11:15 AM
 
Location: Sugarmill Woods , FL
6,234 posts, read 8,433,139 times
Reputation: 13809
Lawyer up!
 
Old 03-31-2015, 11:29 AM
 
10,668 posts, read 5,643,157 times
Reputation: 10785
Quote:
Originally Posted by convextech View Post
It's been bought because she didn't pay the bill for over a year...
I understand that, but it doesn't change the underlying issues that led to my post.

She owes the money. Not paying for a long time doesn't change that. Nor does a technicality. She should pay what she owes.
 
Old 03-31-2015, 11:35 AM
 
189 posts, read 345,130 times
Reputation: 225
Quote:
Originally Posted by TaxPhd View Post
I understand that, but it doesn't change the underlying issues that led to my post.

She owes the money. Not paying for a long time doesn't change that. Nor does a technicality. She should pay what she owes.
Don't get a nose bleed from being up on your high horse.

Moral yes she should pay what she owes, but if they collector can't prove legally they have no standing.
 
Old 03-31-2015, 11:42 AM
 
10,668 posts, read 5,643,157 times
Reputation: 10785
Quote:
Originally Posted by unknownuser123 View Post
Don't get a nose bleed from being up on your high horse.
No high horse here. I've always paid my debts, and expect others to do the same.

Are you championing deadbeat behavior because it hits close to home?

Quote:
Moral yes she should pay what she owes,
Nothing else needs to be said.
 
Old 03-31-2015, 11:49 AM
 
16,715 posts, read 19,394,013 times
Reputation: 41487
Quote:
Originally Posted by TaxPhd View Post
I understand that, but it doesn't change the underlying issues that led to my post.

She owes the money. Not paying for a long time doesn't change that. Nor does a technicality. She should pay what she owes.
I was only saying that it sounds like she's pretty much already a deadbeat...
 
Old 03-31-2015, 11:53 AM
 
10,668 posts, read 5,643,157 times
Reputation: 10785
Quote:
Originally Posted by convextech View Post
I was only saying that it sounds like she's pretty much already a deadbeat...
Agreed.
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