Debt buyer

You are being sued by Portfolio Recovery Associates

PRA is a publicly traded debt buyer that files a very high volume of collection suits. Its filings tend to follow a template: a short complaint, an affidavit from a PRA employee, and a bill of sale with the account-level detail redacted or omitted.

Also appears as: PRA, PRA Group · Parent: PRA Group, Inc.

The deadline is the only thing that is urgent today

Your summons states how many days you have to file a written response, generally 14 to 35 days from the date you were served. If that date passes without a filing, Portfolio Recovery Associates can ask the clerk for a default judgment and win without producing any document at all. Everything else can wait until after your Answer is filed.

Where their paperwork usually falls short

  • Redacted bill of sale
  • Affidavit of a PRA custodian testifying about another company's records
  • Account schedules produced as a spreadsheet excerpt with no authentication
  • No cardholder agreement matched to the account opening date

Defenses commonly raised in these cases

  • Lack of standing / no proof of assignment
  • Hearsay affidavit
  • Broken chain of title
  • Amount claimed is unverified
  • Statute of limitations

Raise the defenses that match your facts. The toolkit explains each one and when it applies before you select it.

Who usually files these cases

In-house PRA legal group · Local collection counsel. The name of the law firm on your papers is not the plaintiff. The plaintiff is the company listed in the caption, and it is the plaintiff that has to prove ownership of your account.

Your next four steps

  1. 1Write the date you were served on the first page and calculate your deadline.
  2. 2File a written Answer with the clerk of the court named on the summons, and mail a copy to the plaintiff's attorney with a certificate of service.
  3. 3Serve discovery asking Portfolio Recovery Associates for the bill of sale and the account-level schedule naming your account number.
  4. 4Calendar the response deadline and keep copies of everything you send and receive.
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Sued by someone else?

Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.