Consumer complaint received 2023-04-24
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: MO
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
XX/XX/XXXX - Portfolio Recovery Associates , LLC ( PRA ) brought an action against me seeking to recover an unpaid balance on a credit account. A process server was hired by PRA. On XX/XX/XXXX, he conducted an improper service of process by leaving the summons on my porch while I was out of town. My neighbor picked up an XXXX delivery from my porch and found the summons underneath the package. ( Photo attached ) XX/XX/XXXX - A Default Judgement was entered in favor of PRA. 

XX/XX/XXXX - I motioned the court to set aside the default judgment and filed an appeal at the same time. The trial court didn't rule upon the motion because it wasn't placed on the docket to be heard. Inadvertently, the clerk filed the appeal with the appellate court on XX/XX/XXXX. 

XX/XX/XXXX - The appellate court acknowledged the Notice of Appeal was filed. 
XX/XX/XXXX - Request for transcript. 
XX/XX/XXXX - PRA entry of appearance filed by XXXX XXXX XXXX XX/XX/XXXX - Certified copies of the legal file prepared PRA filed a motion to dismiss and a motion for damages for a frivolous appeal asserting that my appeal should be dismissed because it was directly from the default judgment and not from the denial of a motion to set aside the default judgment. 

XX/XX/XXXX - PRA 's motion to dismiss was granted. The appeal was dismissed without prejudice. PRA 's motion for damages for a frivolous appeal was denied. 

XX/XX/XXXX - Testimony Motion Hearing Scheduled for XX/XX/XXXX XX/XX/XXXX - I refiled an amended motion to set aside the default judgment in the trial court. 

XX/XX/XXXX - Evidentiary Hearing, the default judgment was set aside, and PRAs attorney, XXXX XXXX, agreed that Service of Process was improper. We are currently going through the discovery process. I have requested authenticated documents from all of PRA 's attorneys involved with my case. As of the date of this complaint, I have not received any authenticated documents and neither were there any attached to the complaint filed against me. 

XX/XX/XXXX - PRA attorney, XXXX XXXX, refused to show me documents ( i.e.contract, assignment, terms of the contract, etc. ) stating that he didn't have to bring those documents to the hearing, he only has to bring them to Trial, then he proceeded to convince me to set a date for trial in 90 days. My friend who was helping me to understand the court procedure told me to only allow PRA 30 more days and I did. 

XX/XX/XXXX - I served PRA Attorney XXXX XXXX, and filed with the court a motion to strike business records and affidavit filed by PRA in this case. I also filed requests for Admissions and Production. 

XX/XX/XXXX - PRA attorneys filed a motion for leave to respond to discovery requests based on my non-compliance with Mo. R. Civ Proc 59.01 ( C ) ( 3 ). I gave PRA attorneys copies in open court. This is yet another stall tactic perpetrated by PRA because of the information I have requested from them. 

XX/XX/XXXX - I will refile with the trial court and serve PRA Attorneys a motion to strike business records and affidavit filed by PRA, and requests for Admissions, Interrogatories, and Production with expected compliance on or before XX/XX/XXXX. If I haven't received anything from them by XX/XX/XXXX, I will file with the trial court a motion to dismiss for failure to respond. 

PRA is violating Consent Order File No. 2015-CFPB-0023. Specifically, Section VI, Collecting Debts without a reasonable basis ; Section VIII, Threatening or Filing Collection Lawsuits without an intent to prove the debt, if contested ; and Section IX, Filing False or Misleading Affidavits. 

I lost my job in XX/XX/XXXX. I discovered this lawsuit was filed against me in XX/XX/XXXX. I have been under a great deal of pressure and am suffering from XXXX and XXXX. Trying to find a job to meet my basic needs for food and shelter has stressed me out and then having this lawsuit against me has taken a toll on me mentally and physically. Some days I can't clear my head to think clearly enough to seek out jobs and go on interviews. If I get a job, I'm afraid that I'll have to miss work to go to court. I feel tormented by this whole ordeal. Since I don't have a job, I can't go see a doctor because I don't have the money to do so. My back is up against the wall and I need help now. Fighting PRA has been going on for over a year now and they haven't given me anything that makes me believe they have the right to sue me.

Company response to consumer: Closed with explanation