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Portfolio Recovery has filed a civil suit against me in San Diego - haven't been served - find out online.

San Diego, CA |

Per my 3 credit reports, they own 4 accounts with a total balance of $5194. Now the date of reported default for all reports was 04/2009. What can I do?

Attorney Answers 2


You have no legal obligation to respond to any of the debt collection lawsuits unless and until you have been served with a summons and complaint.

Assuming you agree you owe the debts, and assuming you have the willingness and the ability to pay, you can contact the plaintiff and propose a settlement of all pending lawsuits.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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You can offer a settlement or arrange for repayment plan. When you get the summons a name and contact information for the law firm handling the suit will be in the top left corner on the summons. That is who you would contact to see what you can negotiate. If this is all that is owed it might be possible to settled these accounts for 50 cents on a dollar. If on top of this debt you have more unpaid unmanageable debts, for which statute of limitation to sue has not yet run out, then maybe bankruptcy is the solution. If you do nothing, the creditor can obtain a default judgment against you and attempt to collect through bank levy, wage garnishment, and recording liens against any real estate property you may own. If you contact law firm and they are uncooperative you can respond to the lawsuit and you will an opportunity to meet with creditor's attorneys in court to try to come to some agreement. Of course you could also hire an attorney to respond on your behalf or negotiate with the creditor but that is likely cost prohibitive for this amount.

I am not YOUR lawyer. Don't rely on answers to questions as legal advice. For legal advice contact a Bankruptcy Attorney for a consultation. Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code. Kathryn U. Tokarska is a San Diego Bankruptcy Attorney, owner of Tokarska Law Center, 185 West F Street #100, San Diego, CA 92101, (619) 285-1992

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