You’re checking the mail, maybe looking for a bill or a flyer, and instead, you find a summons. It’s official. It’s heavy. And at the top, it says Portfolio Recovery Associates, LLC is the plaintiff. Your heart drops. You’ve probably heard the name before—maybe they’ve been blowing up your phone for months—but a lawsuit feels different. It feels final.
Honestly, it’s not the end of the world.
Portfolio Recovery Associates (PRA) is one of the largest debt buyers in the United States. They aren't the original bank you borrowed from. They buy "charged-off" debt—think old credit card balances from Capital One, Synchrony, or Citibank—for pennies on the dollar and then try to collect the full amount. When phone calls don't work, they head to the courthouse. If you're currently dealing with portfolio recovery associates llc suing me, the worst thing you can possibly do is toss that paperwork in a drawer and hope it vanishes. It won't.
The Paper Trail is Often Thinner Than You Think
When PRA sues you, they are betting on one thing: that you won't show up. Statistics from the Consumer Financial Protection Bureau (CFPB) show that a massive majority of debt collection lawsuits end in default judgments. This happens because the person being sued simply doesn't respond. When you don't respond, PRA wins by default. They get a judgment, which then allows them to garnish your wages or freeze your bank account depending on your state's laws.
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But here is the secret. Debt buyers often have terrible record-keeping.
To win a case legitimately, they have to prove they actually own your specific debt. They need a chain of title. This is a series of legal documents showing the debt moved from the original creditor to PRA. Often, they show up with a "bill of sale" that mentions a massive bundle of thousands of accounts but doesn't specifically list yours. Or they lack the original contract you signed. In many courts, if you challenge the evidence, they struggle to produce the granular data required to prove the debt is yours and the amount is accurate.
Why Time is Your Biggest Enemy
You usually have between 20 and 30 days to file a formal "Answer" with the court. The clock starts the moment you are served.
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Do not call PRA first. Call the court or check their online portal to see if the case is actually filed. Sometimes debt collectors send "pre-legal" notices that look like lawsuits but aren't. If there is a case number, you need to file that Answer. In your Answer, you don't necessarily have to say "I don't owe this." You can simply "deny for lack of information," which forces PRA to prove their claims. It puts the burden of proof back on them, where it belongs.
The Statute of Limitations Loophole
Every state has a shelf life for debt. It’s called the Statute of Limitations. In some states, like Delaware, it might be three years. In others, it could be six or ten. If the last time you made a payment on that old credit card was seven years ago and your state limit is five, they legally cannot win a judgment against you—if you bring it up.
Courts don't usually check this for you. You have to list "Statute of Limitations" as an affirmative defense in your Answer. If you don't mention it, the judge might grant the judgment anyway. It’s a bit of a "use it or lose it" legal right. Also, be careful: in many jurisdictions, making even a $5 "good faith" payment can "reset" that clock, giving them another several years to sue you.
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Settlement vs. Fighting in Court
Sometimes, the debt is valid, it’s within the time limit, and they actually have the paperwork. Even then, you have leverage. PRA bought your $5,000 debt for maybe $200. If you offer them $1,500 to settle the whole thing and go away, they are still making a massive profit.
They would often rather take a guaranteed settlement check today than pay an attorney to sit in a courtroom for four hours fighting you.
When you settle, get everything in writing before you send a dime. Specifically, you want a letter stating the payment settles the account in full and that they will move to dismiss the lawsuit with prejudice. "With prejudice" is the magic phrase—it means they can never sue you for this specific debt again.
Dealing with the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is your shield. PRA has to follow it. If they told your boss about the debt, called you at 11 PM, or used profane language, they might actually owe you money. Some people find that their counterclaims for FDCPA violations are worth more than the original debt itself.
It's also worth looking into whether your original credit card agreement had an "Arbitration Clause." Many big banks include a clause saying any dispute must be handled via private arbitration rather than in court. Private arbitration is incredibly expensive for debt collectors—often costing them more in filing fees than the debt is worth. Moving to compel arbitration can sometimes force a debt buyer to drop the suit entirely because the math no longer works in their favor.
Immediate Action Steps
- Verify the Summons: Check your local county court’s website or call the clerk to ensure the case is real and note the exact filing date.
- Draft an Answer: Look for "Answer to Civil Complaint" templates specific to your state. Deny the allegations to force PRA to provide proof of ownership and the "Chain of Title."
- Check the Date: Look at your old bank statements. If the last activity was years ago, research the Statute of Limitations for written contracts in your state.
- Identify the Original Creditor: Ensure the amount PRA is claiming matches the "Charge Off" amount from your original creditor. They often add high interest and "collection fees" that may not be legally allowed.
- Consider a Consumer Attorney: Many offer free consultations. If PRA has violated the FDCPA, an attorney might take your case on a contingency basis, meaning you pay nothing out of pocket.
- Negotiate Wisely: If you choose to settle, start low—around 20-30% of the total—and never give them electronic access to your bank account. Send a cashier's check or use a prepaid card only after receiving a written settlement agreement.