Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.
Co-Founder of SoloSuit George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary:
To settle debt with Central Portfolio Control, validate the debt, negotiate a settlement for less, respond
promptly to lawsuits, and know your FDCPA rights. Solo can help with all
this and more.
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.
Settle debt with Central Portfolio Control
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Central Portfolio Control is a debt collection agency operating out of Minnetonka, MN.
Who does Central Portfolio Control collect for?
Central Portfolio Control specializes in the collection of severely overdue debts that consumers owe to other
businesses and financial institutions. To be more specific, Central Portfolio Control collects debt for:
Automotive loans and leases
Commercial loans
Construction firms and contractors
Credit card debt
Equipment leasing
Homeowner associations
Mortgages
Overdraft DDAs
Retail credit card debt
Student loans
Read Central Portfolio Control reviews online
Looking for intel about what other people have said about their debt collection experience with Central Portfolio
Control? If so, take a moment to read these real online reviews:
It’s reasonable to say the online reviews of Central Portfolio Control are a mixed bag (some positive, some not so
positive). Nevertheless, there are many reviews supporting the claim that proactive communication with a debt
collection is a viable strategy for achieving a resolution to your debt collection matter. Let’s consider the review
posted by an individual named Denton:
“It was great working with Brandon to resolve my debt. From the start, he was incredibly considerate, always
listening to my concerns and making sure I felt comfortable every step of the way. He took the time to
explain
all my options and never rushed me into any decisions. His empathy and understanding really made me feel
like he
wanted to see me win. It’s wintertime but he warmed my heart with kindness. God Bless you Brandon!”
Denton’s review highlights what you can achieve by proactively engaging with Central Portfolio Control. Denton
established a line of communication and discovered that Central Portfolio Control was open to working with him to
resolve his debt issue. You may be able to have a similar experience.
Use FDCPA violations to defend yourself 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 defend yourself 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.
Ask 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.
Understanding your rights and protections under the FDCPA
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.
Here is an overview 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 you believe a debt collector violated any of these guidelines, you may be able to 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.
Check the statute of limitations when Central Portfolio Control contacts you about a debt
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.
Negotiate with Central Portfolio Control and settle your debt
If you owe the debt and want to avoid going through the contentious and stressful litigation process associated with
a debt collection lawsuit, then you can try negotiating a debt settlement. Central Portfolio Control may agree to
settle for a lesser amount than what is owed, especially if you make a reasonable lump sum offer.
If you were served with a Summons and Complaint regarding a debt collection lawsuit, then now is the time to act and
not bury your head in the sand hoping the debt will magically disappear. If you take just a few proactive steps, you
could potentially get Central Portfolio Control off your back and get them to accept a significantly lower amount
through negotiated settlement.
The debt settlement process can be as simple as following these steps:
File a written Answer if you’ve been sued. In the event Central Portfolio Control escalated the
situation by filing a debt collection lawsuit, make sure to respond via an Answer in a timely manner. This will
prevent a default judgment and give you time to negotiate outside of a court setting.
Calculate how much you can afford to pay to settle the debt. Determine what you can reasonably
afford to pay toward the balance of the debt. For example, if you owe $10,000 and have sufficient funds to pay
$5,500 toward the debt without negatively impacting your ability to pay other necessary living expenses, then
this calculation provides a guidepost for settlement talks.
Make a fair offer. Send your offer to Central Portfolio Control, preferably in writing, but you
can also call, email, or use the SoloSettle platform to
negotiate.
Be ready to negotiate. Do not be surprised if they decline your initial offer. This is
perfectly normal. In fact, you should be ready to engage in multiple rounds of negotiations.
Get it in writing. If you have success in reaching an amicable settlement agreement, then make
sure to get the terms and provisions in writing. Also, make sure both you and the debt collector sign the
agreement.
To learn more about debt settlement negotiation, check out this video for attorney negotiation strategies and tips:
SoloSettle makes it easy to start the debt settlement negotiation
process. Remember to keep copies of all agreements you reach with Central Portfolio Control and honor your
part of the agreement.
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:
How to Answer a Summons for debt collection in all 50 states
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