Consumer complaint received 2025-11-21 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Portfolio Recovery Associates, LLC
State: TX

Complaint narrative:
Portfolio Recovery Associates Procedural Misconduct and Ongoing FCRA Re : CFPB Complaint ID XXXX Respondent : XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fri, XX/XX/XXXX, XXXX ( 6 days ago ) to XXXX XXXX XXXXXXXX, me To Whom It May Concern : This response is submitted to clarify the ongoing legal violations committed by Portfolio Recovery Associates , LLC ( PRA ) in connection with three active debt-claim lawsuits pending in the Justice Court Precinct XXXX, XXXX XXXX XXXX Texas : XXXX XXXX. XXXX, XXXX, and XXXX. These are the only three causes currently appearing on the docket. 

Despite being in litigation on these matters, PRA continues to furnish and verify information that is demonstrably unverified, inaccurate, and legally unsupportable. 

I. PRA Issued Two Written Notices Stating the Debt Needs Further Investigation and May Not Be Yours In XX/XX/XXXX and XX/XX/XXXX, PRA sent letters for two separate causes, expressly stating : PRA needed more time to investigate, and PRA could not confirm that the debt belongs to you. 

These written statements preclude PRA from : Furnishing the debt as confirmed, verified, 120 days late, or collection account. 

Representing to XXXX  that the item is verified as belonging to the consumer. 

Continuing litigation without resolving ownership. 

Under the CFPBs Consent Order against PRA, PRA is prohibited from : Filing lawsuits without verified ownership, Continuing litigation during active dispute or investigation, and Furnishing data PRA knows is unverified. 

XXXXI. Two Causes Filed Default Judgment Motions After My Answer Was Already Filed In two of the active cases, PRA filed Motions for Default Judgment after my Answer was on file : Cause XXXX Answer filed, PRA filed default afterward Cause XXXX Answer filed XX/XX/XXXX ; PRA filed default XX/XX/XXXX This violates : Texas Rules of Civil Procedure XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX. XXXX ) Submitting verified information to XXXX  while simultaneously filing procedurally void default motions demonstrates bad-faith conduct and contradicts any claim that PRA performed a proper investigation.

III. Another Cause Filed Default During Active Dispute With PRA Itself In Cause XXXX, PRA filed a Motion for Default Judgment during an active investigation and while the account was formally disputed. 

Under the FCRA and Texas Finance Code : A furnisher can not maintain litigation and report an account as verified while it is still under investigation. 
Violations include : FCRA 1681s-2 ( a ) ( 1 ) ( A ), ( b ) ( 1 ) ( AE ) FDCPA 1692e ( 8 ) Texas Finance Code 392.202 ( b ) CFPB Consent Order ( 3037, 5562 ) IV. PRA Sent All Business Records and Motions By First-Class Mail Legally Invalid Service Across all causes, PRA : Sent its business records, Mailed its motions, Filed Certificates of Service , ALL via plain first-class mail, including : XX/XX/XXXX business-records drop into my mailbox Multiple motions mailed without tracking This violates : Texas Rule of Civil Procedure 501.4 ( a ) ( requires verifiable service ) Texas Rule 508.6 ( d ) ( evidence must be properly served ) Texas Finance Code 392.202 ( a ) ( must provide validation ) FDCPA 1692g ( b ) ( must cease collection without proper validation ) A consumer can not receive a fair investigation when the furnisher can not demonstrate lawful service of its own evidence.

V. PRA Has No 1099-C, No Valid Bill of Sale , No Chain of Title, and No Account-Level Documentation In all three active causes, PRA has produced : No 1099-C No contract No account-level data file No schedule of accounts No Bill of Sale identifying my specific account No chain-of-title documents No proof PRA owned the debt at the time the lawsuits were filed This is fatal under : XXXX XXXX XXXX, XXXX XXXX XXXX FCRA 1681s-2 ( b ) Texas Finance Code 392.304 ( a ) ( 8 ) FDCPA 1692e ( 2 ) ( A ) XXXX  conclusion that the debts were verified can not be reconciled with PRAs complete inability to prove ownership in court.

VI. PRAs Furnishing to XXXX  Directly Contradicts Its Own Written Admissions PRA is telling : The Court We need more time ; we can not validate ; still investigating. 

The CFPB We can not respond because issues are in litigation. 

The Bureaus Verifiedbelongs to the consumer.

This is a textbook violation of : FCRA 1681s-2 ( a ) ( furnishing inaccurate information ) FCRA 1681s-2 ( b ) ( failure to investigate ) FDCPA 1692e & 1692f ( false and unfair practices ) Texas Finance Code 392.304 ( a ) ( 19 ) ( misleading representations ) CFPB Consent Order ( prohibits inconsistent communications ) A furnisher can not claim non-responsiveness due to litigation and simultaneously assert to the bureaus that it has conducted a full investigation.

VII. Relief Requested Given the above : All PRA tradelines must be blocked or removed pending judicial resolution. 

PRA must be flagged for continued furnishing during open disputes. 

A formal violation notice should be entered into CFPB records. 

PRAs conduct should be referred for enforcement review, given its history of CFPB sanctions. 

PRA should be required to cease all furnishing until it produces : a valid Bill of Sale, full chain of title, account-level documentation, proper service proof, and confirmed ownership. 

Until then, any verification by XXXX  is inherently defective and legally void. 

Respectfully submitted, XXXX XXXX XXXX Respondent XXXX XXXX, TX Justice Court Precinct 4 I. PRA SUED YOU AND REQUESTED DEFAULT JUDGMENT AFTER YOU FILED A TIMELY ANSWER This is bad-faith litigation and an FDCPA violation.

Timeline : You filed a timely Answer.

PRA ignored your Answer.

PRA filed for Default Judgment anyway.

After being denied, PRA filed again.

Violations : 1. FDCPA 1692e ( 2 ) ( A ) Misrepresenting legal status They knowingly told the Court you failed to answer when you did answer.

2. FDCPA 1692f Unfair means Attempting to win by default despite knowing the case is active is coercive and unlawful.

3. Abuse of judicial process ( XXXX XXXX XXXX ) Judge may sanction PRA for filing motions contrary to the court record.

This alone is grounds for dismissal with prejudice.

II. PRA SENT BUSINESS RECORDS BY FIRST-CLASS MAIL These documents are inadmissible under Texas law .

Texas Rules : Business records & affidavits must be served in compliance with Rule 21a.

First-class mail is not sufficient for documents intended as evidence.

Rule 803 ( 6 ) & 902 ( 10 ) require proper authentication, certification, and service.

Violations : Tex. R. Civ. P. 21a ( invalid service by first-class mail ) Tex. R. Evid. 803 ( 6 ) ( inadmissible hearsay ) Tex. R. Evid. 902 ( 10 ) ( no self-authentication ) Result : None of PRAs business records are legally admissible. 
Without admissible records, PRA has no case.

III. PRA SENT A COUNTER-AFFIDAVIT/ORIGINAL RESPONSE BY FIRST-CLASS MAIL This is another violation.

Court filings must be : Filed with the court, and Served under Rule 21a ( certified mail, personal service, or e-service ) First-class is invalid.

Thus, their counter-affidavit can not be considered.

IV. PRA TWICE ADMITTED IN WRITING THAT : THE DEBT MAY NOT BE YOURS WE ARE STILL INVESTIGATING This destroys : XXXX. Account Stated A disputed debt can not be agreed or accepted. 
XXXXXXXX XXXX XXXXXXXX confirms this. 

XXXX. Standing If PRA admits it can not verify : Ownership Accuracy Liability They lack legal capacity to sue. 

3. FCRA/FDCPA Responsibilities Reporting or suing on a debt they admit may not belong to you is : FDCPA 1692e ( 8 ) violation FCRA 1681s-2 ( a ) ( 1 ) ( A ) violation FCRA 1681s-2 ( b ) reinvestigation violation Texas Finance Code 392.304 ( a ) ( 8 ) misrepresentation This is explosive for your motion. 

V. NO RESPONSE TO YOUR DISPUTES You disputed : With all three bureaus, With the CFPB, With PRA directly.

Yet PRA : Did not verify, Did not produce documentation, Did not resolve dispute, Continued collection activity.

This violates : FCRA 1681s-2 ( b ) Failure to conduct a reasonable investigation after bureau disputes.

FDCPA 1692g Debt validation duty.

Texas Finance Code 392.202 State dispute investigation requirement.

VI. ONE CASE WAS REMOVED FROM THE DOCKET And PRA then : Requested alternative service Then : Taped the citation to your door Then : Left business records in your mailbox And yet : Still claimed you were unreachable Violations : 1. Rule 106 ( b ) Improper justification for alternative service You are a XXXX XXXX XXXX veteran, home 90 % of the time, and you already answered other cases. 

They had no grounds to say you were unreachable. 

XXXX. Affirmatively misleading the court Claiming inability to serve you when they : Mailed to your address, Received your filings, Served you in other cases, Responded to CFPB disputes using your address.

3. FDCPA 1692e Misrepresentation Alternate service was obtained through false statements.

4. FCRA and TDCA claims if business records were placed in the mailbox ( illegal practice ).

5. Sewer Service tactics condemned by CFPB The exact conduct PRA was fined for in XXXX. 

XXXX. PRA LEFT THE SAME CASE OFF DOCKET BUT CONTINUED ACTIVITY A case can not be : Off the docket, Under alternate service, With business records filed, With collection still occurring.

This is abusive litigation and grounds for sanctions or dismissal. 

XXXX. The XX/XX/XXXX Hearing is Fatally Tainted Because : PRA has not produced admissible evidence PRA initiated default fraud PRA used unlawful service PRA engaged in repeated misrepresentations PRA violated federal and state law PRA provided contradictory debt ownership claims PRA admitted the debt may not belong to you You should win on : Standing Account Stated Improper Service Bad-faith litigation Failure to authenticate evidence Failure to comply with discovery CFPB Order violations IX. This Is the Argument You Deliver to XXXX  on XX/XX/XXXX Your Honor, PRA has : Sued me without documentation Requested default after a timely Answer Served business records by First-Class Mail Filed defective affidavits Admitted twice the debt may not be yours Continued credit reporting during active disputes Sought improper alternative service Taped summonses to my door Placed business records in my mailbox Misrepresented service to the Court Prosecuted a case that has disappeared off the docket Ignored bureau disputes, CFPB complaints, and validation requests Violated FDCPA, FCRA, Texas Finance Code, and the XXXX CFPB Consent Order PRA has no standing, no evidence, no chain of title, no verification, and no legal right to proceed. 

All four cases must be dismissed with prejudice.

Company response to consumer: Closed with explanation