Consumer complaint received 2024-04-28
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: PORTFOLIO RECOVERY ASSOCIATES INC (KY)

On or about XXXX XX/XX/XXXX, Portfolio Recovery Associates , LLC ( PRA ) commenced a small claims action against me. The attorney representing PRA and initiating the lawsuit was XXXX XXXX. The XXXX involved a credit card debt from XXXX years prior. I filed my response to the complaint ( XXXX ) on XXXX XX/XX/XXXX. Since they didn't win the case by default judgement, I assumed they would drop the matter. 

On or about XXXX XX/XX/XXXX, I received via XXXX, XXXX and XXXX requests. 
I answered their questions and mailed them off. PRA has claimed they never received them. There was no action taken from either party involved until XXXX XX/XX/XXXX. I then received some documentation ( via XXXX ) that PRA was intending to file a motion for summary judgement. I then filed a motion to dismiss with the court, and a hearing date was set for XXXX XX/XX/XXXX. During the XXXX XXXX hearing a trial date of XXXX XX/XX/XXXX was set. 

On or about XXXX XX/XX/XXXX I motioned for a continuance and an appearance date of XXXX XXXX was set. On XXXX XX/XX/XXXX, PRA was represented by a XXXX XXXX XXXX and pretrial hearing date was set for XXXX XX/XX/XXXX. 

Here is where I come to the point of my complaint : Unbeknownst to me, On XXXX XX/XX/XXXX, XXXX XXXX ( representing PRA ) Filed a Motion to Dismiss this case. He did not send me a copy of the motion as he is required to do under XXXX XXXX ( XXXX ). 

When I showed up in the courtroom on XXXX XX/XX/XXXX, there was a XXXX attorney representing PRA on XXXX named XXXX XXXX. I presented my case the the XXXX, and a trial date of XXXX XXXX was set. 

The XXXX was a Friday. I pondered the possible outcome over the weekend. Considering that I XXXX lose the case, as I am Pro XXXX, I decided to present a 25 % one-time offer to settle the case. 

On Monday, XXXX XXXX, I receive an email from XXXX XXXX, saying that the offer is acceptable. On XXXX XXXX, I receive a letter in the mail from XXXX XXXX clerk 's office that a judge has ordered the case dismissed effective XXXX XX/XX/XXXX. 

On XXXX XX/XX/XXXX, I receive another letter from the XXXX, outlining the rules for the trial on XXXX XXXX. 

On Friday, XXXX XX/XX/XXXX, I am present in the court clerks office and was told that as far as they are concerned, the case has been dismissed. 

Those are the facts. I hope I have expressed them correctly. My real complaint lies with the attorney, XXXX XXXX. He filed a motion to dismiss on XXXX XXXX. He most likely knew the case had been dismissed on XXXX XXXX. XXXX had possibly decided to present this charade to the court on XXXX XXXX when they decided to send a third-party representative for a case they surely must have known was dismissed 4 days prior. 

The fact the XXXX XXXX accepted my offer of settlement for a lawsuit that he quite possibly knew was dismissed at his request constitutes XXXX, according to Kentucky XXXX and XXXX law. 

In addition, XXXX has been reporting negative reports to my credit record. Which they are telling me they will try to remove, once the settlement is complete. 

In all of this.. there are XXXX things that disturb me the most. XXXX ) XXXX XXXX was knowingly going to accept money from me, when he should have been ethical and told me " the case had been dismissed, and there is no need to pay anything to anyone. '' XXXX ) Why would a XXXX XXXX set a trial date for a case that had been dismissed 4 days prior? 

That is my complaint.