George Simons | August 19, 2024
Edited by Hannah Locklear
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: Sued for a debt by Portfolio Recovery Associates? This guide is for you. Use SoloSuit to respond in 15 minutes.
Receiving repeated phone calls and letters from a debt collection company like Portfolio Recovery Associates can understandably cause stress and concern about your financial situation. It's important to remember that you're not alone and that there are resources available to help you navigate this process.
If you're facing communication from Portfolio Recovery Associates, it's essential to know that you have legal rights and options when it comes to resolving your debt. SoloSuit can assist you in understanding these rights and provide guidance on how to respond to any legal action taken by the debt collector.
In this article, we will discuss Portfolio Recovery Associates' practices and, more importantly, explain how SoloSuit can help you respond to their lawsuit and request verification of the debt. Our goal is to empower you with the tools and knowledge needed to resolve your debt, facilitating a constructive path forward with Portfolio Recovery Associates.
Sued by Portfolio Recovery Associates? Settle your debt before going to court.
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Settle with SoloSettlePortfolio Recovery Associates is a debt collector that purchases overdue consumer and business debts, including credit cards, medical debt, and other types of loans. Once it receives your account from a creditor, it will begin contacting you to set up a payment arrangement.
Many people are taken aback when they are served with a collections lawsuit and see the plaintiff listed as “Portfolio Recovery Associates.” The surprise is likely based on the fact that they have never heard of this debt collection company and have no memory of making a purchase or taking out a loan with Portfolio Recovery Associates. If you have no idea who or what Portfolio Recovery Associates is, you are not alone. Many delinquent debts are packaged, sold and resold to multiple third parties, including purchasers of delinquent debts like Portfolio Recovery Services. To help provide some insight into this debt collection company, here is some general info on their operation:
Portfolio Recovery Associates, LLC was formed almost 25 years ago, specifically in 1996 in the Commonwealth of Virginia. They are one of the largest debt collection companies in the United States and also collect debts under alternate business names like “PRA III, LLC” and “Anchor Receivables Management.”
Since it was formed in 1996, Portfolio Recovery Associates has developed a reputation as an aggressive debt collection company that routinely deploys questionable and unethical collection practices. For example, many consumers have filed complaints with the Better Business Bureau and Consumer Financial Protection Bureau alleging serious violations of the Fair Debt Collection Practices Act (FDCPA). For example, consumers have highlighted the use of false or misleading information in an effort to collect on delinquent debts and Portfolio Recovery Services neglecting to provide written verification of the outstanding debt that is being pursued.
Portfolio Recovery Associates is a legit debt collection company based in Virginia with hundreds of employees, and an annual revenue at about $786.3 million in 2023. It uses several business names in addition to Portfolio Recovery Associates, including PRA III, and Anchor Receivables Management.
If you are trying to reach Portfolio Recovery Associates, you can use the contact information below:
Address:
Portfolio Recovery Associates, LLC
120 Corporate Boulevard
Norfolk, VA 23502
Phone number:
1-800-772-1413
Website:
https://www.portfoliorecovery.com/prapay/help/contact-us
Portoflio Recovery Associates LLC is suing you because they purchased your charged off debt from the original creditor (could be a bank or credit card issuer), and now they should have the rights to collect the debt through legal action.
Sometimes, during the purchase and transition of a debt portfolio, PRA doesn't get all the necessary documentation needed to collect the debt. For this reason, it's important for you to ask them to validate the debt before you take any other action. If you've already been sued, you can still urge PRA to provide documented evidence that they have the lega right to sue you. To do this, you should draft and file an Answer into the case.
Like we said, paying off an old debt can restart the clock on the statute of limitations. Additionally, the debt could be fradulent, or Portfolio Recovery might be claiming an incorrect amount. For these reasons, you should always investigate the debt before agreeing to make any payments.
A great way to investigate the debt is by sending a Debt Validation Letter to Portfolio Recovery Associates. Upon receiving this letter, Portfolio Recovery must provide you with debt an official debt verification statement that contains the following information:
When Portfolio Recovery Associates cannot validate a debt, it is illegal for them to continue collection efforts. Since Portfolio Recovery Associates is usually not the original owner of a debt, they probably don't have the necessary documentation to prove the debt is valid. This is why the Debt Validation Letter is such a powerful tool. In fact, many debt collection agencies give up after receiving such a letter. You can draft your own Debt Validation Letter with SoloSuit. To learn more about making a Debt Validation Letter, watch this video:
Example: Portfolio Recovery Associates keeps calling and emailing Maria about a credit card debt she owed with US Bank. They claim that Maria owes more than $15,000 on her account, but Maria doesn't remember using the card enough to owe that much. After some digging, Maria finds her old credit card statements and realizes that the correct amount was only around $1,500. Portfolio Recovery Associates mistakenly (or maybe intentionally) added a 0 to the debt amount. Maria can send a Debt Validation Letter to Portfolio Recovery Associates to get them to verify the exact amount with documentation as proof. It turns out that Portfolio Recovery doesn't have the contracts and other documnets needed to prove the debt is valid, so they stop collection efforts.
It’s best not to ignore communications from debt collectors. When you first receive a notice that Portfolio Recovery is seeking to recover money from you, ask for a validation of the debt. Under federal regulations, you have up to 30 days to request that Portfolio Recovery provides the information that confirms you owe the debt.
Validating the debt confirms that the company has full ownership of your obligation. You can also make other requests of Portfolio Recovery that can be beneficial if you intend to fight the claim.
You can request a formal debt validation by sending a Debt Validation Letter. When writing your letter, include the following:
You may also threaten legal action against Portfolio Recovery, especially if it doesn’t comply with the collection rules set forth by the FDCPA.
Below is a general overview of some of the highly questionable and troubling tactics used by debt collectors working on behalf Portfolio Recovery Associates when contacting consumers:
If you were contacted by Portfolio Recovery Associates and were subjected to some, or all, of these questionable tactics, you may be able to take legal action against the company and obtain monetary damages.
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. In fact, over the last three years alone, Portfolio Recovery has received nearly 1,500 consumer complaints on their profile with Better Business Bureau.
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.
If your debt is so old that you've forgotten about it, there is a very good chance that it is past the statute of limitations on debt. The statute of limitations is the time frame that a collector, like Portfolio Recovery Associates, has to file a lawsuit to recover a debt. Let's explain.
A debt is past the statute of limitations if there has been no "activity" on the account for a certain amount of years. "Activity" can mean anything from making a payment to signing an payment agreement. Be careful: if you become active on an old account, you will restart the clock on the statute of limitations. Portfolio Recovery Associates knows this, and they will try to trick you into reactivating your old account by pressuring you to pay. For this reason, you should always check the last activity before paying anything.
The statute of limitations on debt is different in each state. This article lists the statute of limitations in each state.
Example: Joe lives in Texas and is being sued for an old credit card debt with Citibank. Portfolio Recovery Associates purchased the debt, and now they're coming after Joe to collect it. However, Joe hasn't purchased anything with his Citibank account or paid anything on it for more than 7 years. Since the statute of limitations on debt is 4 years in Texas, Portfolio Recovery Associates cannot take the case to court. In this example, Joe is basically off the hook. Joe can list this as an affirmative defense in his Answer to the lawsuit which will help him win the case.
By the time Portfolio Recovery purchases your debt, the obligation is likely pretty old. Your original creditor may have held the account for six months or longer before charging it off. If Portfolio Recovery validates your debt, you have several options.
You can set up a payment arrangement with the company, offer to settle the debt, or ignore the communication.
Under a payment arrangement, you agree to make regular payments to Portfolio Recovery until you pay off the obligation. In some cases, Portfolio Recovery may reduce the balance you owe by a certain percentage, allowing you to repay the debt more quickly. Depending on the amount you owe, it may take a few months to a few years to pay off the balance.
You can also attempt to settle the debt for a one-time payment. Under a settlement agreement, you offer a certain percentage of the total value of the debt, typically less than half of your obligation. In exchange for your payment, Portfolio Recovery agrees to free you from the remainder of your debt and will stop further collections activity.
Settling the debt allows you to pay less than what you owe while preventing further negative impacts on your credit report.
Ignoring Portfolio Recovery can buy you some time, but pay strict attention to the statute of limitations. If the statute of limitations on your debt hasn’t expired, the company may take legal action against you once you become unresponsive.
If Portfolio Recovery initiates a lawsuit against you, you’ll need to consider your actions very carefully. A settlement is possible, but you’ll want to follow specific steps. These include:
Let’s take a closer look at each step. You can also watch this video to learn more:
Your first step should be filing an Answer to the lawsuit. An Answer explains your side of the story and directly replies to the points listed in the Complaint (also known as a Petition in some states). Depending on your circumstances, you can deny responsibility for the debt, argue the obligation amount, or contest its jurisdiction.
Even if you intend to try to settle the debt before your court date, filing an Answer prevents Portfolio Recovery from obtaining a default judgment against you. You’ll still have your day in court if Portfolio Recovery isn’t willing to play fairly.
Next, you’ll decide how much you can offer for a settlement. Review your savings and decide on a reasonable offer. Usually, 60% of the obligation is a good starting point. Remember that the other option is paying the total amount—a settlement can prevent this.
Before a lawsuit, Portfolio collectors will probably try to get you to pay 80-90% of the debt. That's because you're dealing with debt collectors who don't really have the authority to call the shots on the settlement, they're just trained to get the best deal possible for Portfolio Recovery.
However, once the matter escalates to a lawsuit, you're in a better position to work with Portfolio's legal department to reach a settlement. At this point, there's a much better chance you'll be able to negotiate a lower settlement, especially if you can demonstrate that you understand your rights as a consumer and you're willing to fight back in court.
Portfolio Recovery would rather take your money and move on than continue with a long, expensive, legal battle.
Start by sending a lower offer to Portfolio Recovery, giving yourself room to negotiate and settle for more if they don’t accept it. You can use the following prompt:
“I am offering Portfolio Recovery a lump-sum payment of $___ to settle the debt with case number ___. You can accept or counteroffer. If you accept, respond to this message with only ‘Accept.’ If you want to counteroffer, respond to this message with only ‘Counteroffer: $____.’ Please do not contact me in any way other than by responding to this email. I’m prepared to litigate this matter and win in court. I’m also prepared to file an FDCPA complaint. This offer expires in 6 days on MM/DD/YY. I will pay the agreed amount within 90 days of the settlement date.”
Wait to hear back from Portfolio Recovery. Your offer will catch the company’s attention, but it may need some time to determine whether your settlement offer is agreeable or if it will make a counteroffer.
If your finances are limited, explain your situation. Sometimes, debt collectors will grant you additional room for savings if they understand your current hardships. And like we said, Portfolio Recovery would probably prefer to settle for a portion of the debt than continue with legal fees.
Once you have an agreement with Portfolio Recovery, get it in writing. A written contract, including terms that indicate your settlement satisfies your remaining balance, can prevent you from future debt collection activities. You’ll want to abide by the terms of the agreement, so make your payment within the appropriate time frame.
Be very careful when providing your financial details to debt collectors. In some cases, they may attempt to use your account information to collect other debts you owe or to receive more money toward your obligation.
If you’re uncertain of the debt settlement process and want some qualified help settling your account with Portfolio Recovery, SoloSettle can help you navigate the debt settlement process from start to finish.
Now, let’s look at an example of how to settle a debt with Portfolio Recovery.
Example: Terry is being sued by Portfolio Recovery Associates for $5,000. He uses SoloSuit to respond to the lawsuit, giving himself time to work out a settlement plan without having to worry about losing by default judgment. After taking a close look at his finances, he decides he can afford to pay off as much as $4,000 (or 80%) to settle the debt. Terry uses SoloSettle to send a settlement offer, starting low at $2,500 (50%). After several rounds of negotiations, Portfolio Recovery agrees to settle the debt for $3,500 which is only 70% of the original debt amount. Terry saves himself some money and feels ready to start over with his finances and credit.
You may not have had time to request a debt validation before Portfolio Recovery Associates filed a lawsuit against you. If this is the case, we've still got you covered. 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.” We'll discuss this later, but first, here are a few common mistakes you should avoid:
If Portfolio Recovery has already filed a lawsuit against you, you should have received a court Summons and Complaint notifying you of the suit and listing all the specific claims against you. The first step to responding to a Portfolio Recovery Services lawsuit is to file a written Answer with the court.
You might think you have to hire an attorney to help you draft and file your Answer, but that's simply not true. Represent yourself with SoloSuit's help and make a free Answer in less than 15 minutes! Here are some tips for drafting a strong Answer (to learn more about these tips, check out the video below):
After you've drafted your Answer and filed it with the court, make sure to print a copy and send it to Portfolio Recovery's attorney. Failing to do so can cost you big time (it might even result in a default judgment against you).
Example: Jimmy is sued by Portfolio Recovery Associates for debt in the California Superior Court. Even though Jimmy receives the court documents, he quickly realizes that he's being sued in a different county than the one in which he resides. Jimmy has 30 days to respond, otherwise Portfolio Recovery Associates can request that a defautl judgment be entered against him. Jimmy uses SoloSuit to prepare his Answer. He responds to the 18 allegations listed in the Complaint, making sure to deny each one. Jimmy also includes some powerful affirmative defenses (improper venue: he's being sued in the wrong county), and signs the document. SoloSuit files the Answer for him and sends a copy to Portfolio Recovery's attorneys with a certificate of service. Two months later, Jimmy finds out that Portfolio Recovery Associates is dismissing the case.
You can learn more about the Debt Validation Letter by watching this video:
As mentioned earlier, consumers have the ability to turn the proverbial table and take legal action against a debt collector. The statutory mechanism affording consumers the ability to initiate legal action is the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law enacted in 1977 with the objective of protecting consumers from being harassed and threatened by debt collectors who were using abusive and unethical tactics to try and extract payments for delinquent debts. Under the FDCPA, a consumer possesses the following rights and legal protections:
If you are sued by Portfolio Recovery Associates, you probably want insight and advice on how to prevail in court. Fortunately, there are certain actions you can take to position yourself for victory in court. For example, simply responding to the Complaint will set you apart from most consumers.
Debt collection lawsuits generally begin when the debt collector (i.e. Portfolio Recovery Associates) filing a formal Summons and Complaint alleging you owe a specific amount of money (i.e. the unpaid debt). The vast majority of consumers opt to ignore the Complaint and do nothing. This is a big mistake since it means Portfolio Recovery Associates will simply file a motion requesting the Court enter a default judgment against you. If the Court grants the default judgment, Portfolio Recovery Associates will be empowered to take the following actions against you:
SoloSuit makes it simple to respond to a debt lawsuit the right way.
Do not let this happen to you. Take action and file a formal response to the Complaint. In your response, take the time to highlight some of the glaring deficiencies and shortcomings in Portfolio Recovery Associates's lawsuit. For example, you should request that Portfolio Recovery Associates produce evidence (e.g., documents) showing the following basic information:
Requesting evidence to establish these basic facts is important because it is not uncommon for these large debt collection companies to sue the wrong person or to lack basic financial documents that show you actually owe the alleged debt.
If applicable, you should also consider the expiration of the statute of limitations as an affirmative defense. The statute of limitations is essentially the amount of time someone has to take legal action against another person or company. If the facts of your case indicate that Portfolio Recovery Associates filed a lawsuit after the expiration of the statute of limitations, you could file a motion to have the debt collection lawsuit dismissed. SoloSuit can help you navigate this process and in completing the necessary documents that should be filed with the court.
With SoloSuit you can make the right affirmative defenses the right way.
SoloSuit helps demystify the process of responding to a debt collection lawsuit, including lawsuits filed by Portfolio Recovery Associates. Here is how it typically works - you access SoloSuit, which is a dynamic, step-by-step web-app. When you are in the app, you will be asked specific questions. Once you answer these questions, you can either print the completed legal documents and mail the hard copies to the court or you can pay SoloSuit to file it for you and to have an experienced and knowledgeable attorney review the document.
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.
Ask a Question.>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
If you or a loved one need help responding to a debt collection lawsuit, including a lawsuit filed by Portfolio Recovery Associates, utilize the services available through SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.
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