Expecting the Return of the Summons in a Portfolio Recovery Associates Litigation
You can have a collection lawsuit and then proceed to recover your judgment against you, or you can have a portfolio recovery lawsuit with a lawsuit settlement. Let us take the second example, where you are represented by an attorney. When the attorney files the complaint, the plaintiff is served with a Summons (or Complaint), containing a complaint, statement, motion, and supporting documents. Some of these documents may be attachments, some may not. When the plaintiff receives the Summons, they are required to respond to the complaint within a specific time period. If the plaintiff does not or fails to respond within the time period specified in the Summons, then the plaintiff is required to serve a copy of the summons to the defendant, who is served again within the same time period.
Portfolio Recovery Associates Lawsuit Settlement
If the plaintiff does not respond within the time period specified in the Summons, the court may issue a Default and enter a judgment against the debtor. It is at this point that the portfolio recovery associates would enter into the picture. The default judgment against the debtor is typically issued by the courts, when they find that the defendant has ignored the requirements of the FDCPA claim. At this point, the plaintiff must seek either a new court date to reschedule the original court date or a temporary restraining order to prevent further action.
If you have a debt collection case that involves a portfolio recovery situation, there are several things that can happen next. The first step would be to obtain a protective order (also called an RPO). An RPO is a temporary restraining order that restricts the defendant from doing anything further in respect of the case, including collection activities. There is a detailed format for obtaining an RPO, but we will give you just a few of the main points: Write to the court requesting an RPO; attach a copy of the Summons & Complaint to the RPO; describe to the judge why the defendants owe the debt and request the protection from future actions. A good name for your attorney to draft is a temporary restraining order. The reason for this is to “mend the sails” so to speak, and to keep the collection efforts in line with the court orders.
Once you’ve obtained an RPO and an appropriate restraining order, the next step is to serve the summons on the defendant. Many cases end up going to trial, but many also settle, saving the plaintiff’s time and money. If you’ve done your homework and picked a good lawyer, this shouldn’t be too difficult. In many cases, if the plaintiff doesn’t show up to court, the defendant simply “follows” the court order by serving the summons on another person who is not the debtor. Usually, once the summons is served, someone’s got to bring the Summons to the individual defendant.
The next thing to expect is the collection efforts. Again, we recommend hiring a professional, experienced lawsuit attorney with experience in handling these kinds of cases. If you’re like most, you probably have the money to finance your attorney’s fees. This will be their primary responsibility to the summons come in. And, if you have a good attorney, they’ll want to use all means necessary to ensure the defendant is not aware that the plaintiff has filed a lawsuit, which could work to their advantage.
When the debt buyers return the Summons, this can be the time to consider using a local law firm. The reason is simple: you want to make sure the defendant is not aware of the lawsuit or its pending outcome. It’s common for collection efforts to continue long after the Summons have been returned executed. If the defendant is well aware of the lawsuit, he may attempt to defeat the complaint and claim immunity. If he’s dishonest, or he knows about the lawsuit, he may even try to defeat or water down the complaint.
