Mail from dept 922 po box 4115 concord ca

You may have recently received a letter from PO Box 4115 Concord CA or a call from 6302568591. Portfolio Recovery is a debt collector and Google estimates that there are 60,500 Google searches per month for Portfolio Recovery (see the image below). Is the letter a demand? What’s in the letter from PO Box 4115, Department 922 94524?

For context, portfolio recovery is one of the most litigious debt collectors, so the purpose of this article is to explain what it can do.

  1. I haven’t been sued: 5 things you can do today
  2. I’ve been sued: how you can manage your portfolio claim recovery

Is your debt within the statute of limitations? How much would they garnish from your check?

Something to consider is whether the debt you’re after is within the statute of limitations and how wage garnishment works in your state. How much could portfolio recovery or another company get out of each paycheck?

why does wallet recovery use post office box 4115 concord ca?

I think wallet recovery uses a single-addressed, unnamed envelope because it thinks there’s a strong chance you’ll open the envelope. that partly brings up an important question.

Is the letter a demand?

Most likely not. to serve a lawsuit, someone will probably serve you the court papers. That said, if you’re concerned that you might be sued for this debt and not be able to pay, you may want to consider taking ascend’s free debt forgiveness and options calculator.

what’s in the letter?

Since Portfolio Recovery is a debt collector, the letter may imply that Portfolio Recovery purchased unpaid debt from your original creditors or is paying the debt on their behalf

portfolio recovery background

portfolio recovery llc is a leading debt collection agency founded by kevin stevenson and steve fredrickson. portfolio recovery was listed in its sec 10k report as one of the main buyers of debt in the united states

The name of the parent company is Pra Group Inc, and other subsidiaries include Portfolio Recovery Associates, LLC, which buys and collects debts; Pra Receivables Management, LLC, which specializes in the acquisition and maintenance of bankrupt and insolvent accounts.

portfolio recovery llc (pra) buys redundant debts from different organizations and tries to collect them. because those debts are old, they buy them for a very cheap sum; then they start taking steps to collect the debt as soon as possible. Portfolio Recovery LLC is open to forming partnerships with consumers for a more suitable payment plan, discounts, or complaints. the wallet recovery phone number is 1 (800) 772-1413. their hours of operation are Monday through Friday – 7:30 am to 11 pm / Sunday – 2 pm to 9 pm (est)

You can also write to the company at pracustomercare@portfoliorecovery.com or Portfolio Recovery Associates, LLC, 120 Corporate Blvd, Norfolk, VA 23502.

for a comprehensive review on portfolio recovery we recommend you check out their bbb page or do a google search on other review websites. Although the portfolio recovery has an a+ bbb accreditation, it has a 1.26/5 based on 62 reviews.

how to resolve debts with portfolio recovery (when you haven’t been sued yet)

many collection agencies start with calls, letters, and possibly emails and texts before suing you. A lawsuit can be a costly endeavor and can also cause you additional stress when you probably already feel tied down.

So, let’s say you’ve just received your first portfolio recovery letter stating that the account has just been turned over to you by the original creditor.

1. understand how debt collection agencies can work, such as portfolio recovery

Debt collection agencies, like Portfolio Recovery, have made a business of collecting debts for lenders and creditors. They typically buy debt or collect debt from the original creditors, such as Citibank or Lending Club, in a variety of ways.

There are several ways to make money doing this.

  1. portfolio recovery can buy debt at a reduced cost, so any payment they get on that debt can go directly to them
  2. portfolio recovery can settle With a creditor they handle collection efforts as long as they get a percentage of the debt that is paid.

Regardless of how they decide to go about it, debt collection agencies can be ruthless and do whatever they can to make as much as they can. here is their process:

They

  • buy debt or work for the original creditor: As explained above, debt collection agencies are generally not the ones that lend money. its sole purpose is to collect debt payments. there are two main ways they do this. First, they buy debt. Many creditors and lenders do not collect their own funds. they can put in a solid effort for a couple of months, but after that, they can sell their debt. debt is usually sold at a discount. the collection agency then owns the debt and gets to keep whatever it collects. the other option is to work with the creditor. a creditor can team up with a collector and promise the collector a percentage of the payment of the collected debt as compensation receivable.
  • they start going after the debtor: once the collection agency collection company owns the debt or a percentage of the collected debt is promised, they will begin to go after the debtor. There are several ways this can occur, but the typical tactics seen are daily phone calls, letters, and other forms of communication. All debt collection agencies are supposed to operate within the limits outlined in the Fair Debt Collection Practices Act (FDCPA). if they are not, be sure to document it.
  • file a lawsuit if there is no progress: If the agency has been contacting you for a while (sometimes it’s just 30 days, sometimes it’s months), they may decide file a lawsuit against you. this is usually done to force you to respond so they can go ahead with a payment plan or sue you for the entire debt.

All debt collection agencies are different. So there are plenty of youtube videos that cover how to help you settle debt with them. If you’re interested in seeing how others have interacted with Portfolio Recovery, feel free to watch this youtube video on Portfolio Recovery.

2. learn what wallet recovery can and cannot do under fdcpa

You have rights.

Let me assure you that you have rights thanks to the fdcpa. let’s talk about it.

As mentioned above, it is critical that you know what debt collection agencies can and cannot do as they seek you out for debt settlement. For example, if you are in possession of your debt and they are trying to contact you, there are certain standards that they need to work out.

  1. portfolio recovery is unable to contact you at unreasonable hours, before 8am. m. and after 9 p.m. m.
  2. portfolio recovery cannot threaten you, lie to you or try to hide who they are when they speak to you.
  3. If you ask portfolio recovery not to call you while you are at work, they will no longer be able to attempt to contact you while you are at work.
  4. portfolio recovery also cannot send delinquency notices on your debt to third parties or try to obtain information from third parties more than once.
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In short, the fdcpa was created to help protect you from unfair and harmful debt collection practices. Make sure you know your rights and don’t be afraid to point out and document when a collection agent is acting outside of those rights.

3. learn about debt validation with portfolio recovery

Within five days of your initial contact, Portfolio Recovery is supposed to send you a debt validation letter that shows how much debt you owe, who you owe it to (the creditor), and should also have information about how you can dispute the debt.

After you receive this letter, you have 30 days to dispute the debt. If, for any reason, you believe the debt being collected is inaccurate, be sure to file a dispute as soon as possible. once you file a dispute, all collection efforts are supposed to stop until the dispute is resolved.

One of two things will happen at this point.

  1. One is that they will submit the documentation they need to show that you owe the debt and that the amount listed is correct. at this time, collection efforts will continue.
  2. on the other hand, the second option is that they will not be able to prove your debt and what is owed, at which point they will stop persecuting you.

here is a link to a debt validation letter template. feel free to use this to help you draft your own letter.

4. understand the statute of limitations

If you’re being prosecuted for past debt, be sure to check the statute of limitations for your area.

In most places, portfolio recovery cannot take legal action against you for a debt you owe after a certain period of time. this changes from state to state, but it’s important to keep track of those dates.

The period of time that is analyzed for the statute of limitations is from the day that you stopped being active in your payments (that is, the day after the last payment that you made on the debt), until the day that legal action is initiated.

There are four different categories of debt, and each may have a different statute of limitation. the four categories are:

  • oral agreements
  • written contracts
  • promissory notes
  • open agreements

Depending on the type of debt you have, the statute of limitations may be longer or shorter. If you are being sued for debt payment, be sure to consider how close you are to the end of your statute of limitation before making a payment. You can also work with an attorney to see if they can provide you with any legal advice.

5. know how to stop portfolio recovery communications

Living with a constant barrage of portfolio recovery calls, texts, emails, letters and more can be overwhelming, especially when it all adds up to your pile of debt.

here are some things to keep in mind:

  1. You can demand that the c no longer contact you, but, even if they stop contacting you, this does not mean that they will no longer try to collect. the agency can still file a lawsuit against you, at which point the court will call you, not the collection agency. you can send this in writing or you can tell them verbally. see an example: my name is jane doe with account number xxxxxx. please do not call me, send me text messages, emails or letters again. These are my rights under the fdcpa.
  1. if you are being harassed beyond what is allowed in the fdcpa, filing a lawsuit against the collection agency will stop any contact until the lawsuit is completed. Be sure to keep a record of every encounter you have with a debt collector to help solidify your case if you think you may be being harassed. Similarly, you can dispute the debt, at which point the agency will have to pause collection efforts until the debt is validated.
  2. you have the option of telling portfolio recovery that you cannot pay them. This may not stop them from calling, but if they think you can’t pay, their attempts to reach you may be less frequent. You can speak in a way that does not support the debt, as this can be used against them if they decide to sue. simply say that you cannot pay the amount they are asking for. tell them about any financial hardship that prevents you from paying. At a minimum, this can make wallet recovery focus on other consumers for the time being before coming back to you.

how to handle a portfolio recovery debt collection lawsuit

Next, let’s cover your options when facing a debt collection lawsuit with portfolio recovery.

This section will be divided into 2 sections:

  1. you owe the debt and the debt is yours
  2. you do not owe this debt and the debt is not yours

Debt collection can occur in an increasingly aggressive manner. This usually starts with phone calls that happen frequently, but can turn into in-person collection requests, wage garnishments, and can end in a lawsuit.

If you get to this point, you may feel overwhelmed. once legal action is taken, something will have to happen. In this part of the article, we will try to answer all the questions you may have about getting sued for your unpaid portfolio recovery debt.

We’ll look at how you can respond, what to expect, and what your options are.

how to respond to a debt collection lawsuit with portfolio recovery

When you receive legal notice of your portfolio recovery lawsuit, there are a few different ways you can respond, but your options change depending on your situation. Your answer may differ based on variables such as whether or not all of the debt is yours, how far behind you are on it, and whether or not you can pay the debt.

The important thing, however, is that you respond in some way. Many times, debt collection agencies will file lawsuits hoping you won’t respond. That’s because if you don’t respond, the court can enter a default judgment on your case, and portfolio recovery can proceed with wage garnishments, liens on your property, and holds on your bank accounts.

so however you plan to respond, make sure you do. a timeline might look like this:

  1. You receive a summons explaining the lawsuit filed against you.
  2. Talk to a lawyer. Getting legal help and representation can make all the difference when you are facing a lawsuit.
  3. You usually have a certain number of days to respond to the summons. we’ll cover the options for responding in a second. Regardless of how you decide to respond, be sure to do so within the deadline.
  4. Once you respond, the court will review your response and, depending on your response, appropriate action will be taken.
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Let’s look at some of your answer options.

is it your debt? understand your debt resolution options with portfolio recovery

If the portfolio recovery debt is correctly attributed to you and you do owe the debt, then the process will be slightly different. Because you owe the debt, you won’t necessarily be able to dismiss the lawsuit entirely without any form of payment, but there are a few things you can try.

your response

When you get sued for your delinquent debt, one of the most important things you do is respond.

As mentioned above, not responding can result in a default judgment against you, which means they assume you’re admitting the debt and the collection agency can start garnishing your wages, freezing your bank accounts and levying his property. .

In most cases, your response is expected within a period of time after notification is received. you’ll want to check the regulations in your area to find out exactly how long you have to respond.

There are three ways you can respond to the lawsuit:

  1. admit – This response simply admits that you owe the debt being collected. be careful selecting this as your answer. this may take away some of the defense you have if you hope to dispute or settle the claim. Also, make sure you are fully aware of the whole picture. If you know you owe the debt to portfolio recovery, but aren’t entirely sure what the full amount is or which company the debt was issued to, you may want to choose the last option on this list. covers in just a second.
  2. disavow: If you are sure the debt is not yours, or is wrongly attributed to you, you can deny the debt. there will be more paperwork that you submit with your answer (referred to as your answer) in which you can explain why you are denying your debt. There are many reasons why you can deny your debt other than that it is not yours. These reasons include: a) a previously canceled contract b) an expired statute of limitations (usually six years in a debt collection case) c) you have already paid off the debt d) you are making consistent payments on the debt. e) you signed without being informed of the rights and responsibilities of co-signing. If any of these apply to you, you can respond with a denial and an explanation of why you were denied.
  3. Lack of Knowledge: If you know you have some type of portfolio recovery debt, but you’re not sure if they’re suing for the right amount or if you can get the claim dismissed debt, you may respond with “lack of knowledge.” All of this means that you need a more in-depth report on the lawsuit and the debt contained in the lawsuit before finalizing your answer. The answer you provide can and will be used in court, so it is important that you have as much information as possible before giving a final answer. Whether you need to better understand the full scope of what you owe, or are confused about who is suing you, responding with a lack of knowledge ensures you get the answers you need.

other options

You have other options to consider if you are sued for a debt you owe.

These could help get rid of some of the debt, extend the amount of time the process takes, which could give you more time to pay off the debt, and could mean the lawsuit goes away altogether. Take a look at some of the options below:

question the company’s right to sue

portfolio recovery wants to collect your debt. If the debt has changed hands multiple times, there are cases where the company may no longer be in possession of the debt and therefore unable to collect from you. The agency must provide proof that you signed a credit agreement and proof that they are the rightful owners of your debt (a chain of custody showing that the debt did in fact come from the original creditor). a judge will almost always support your request for this proof. if the agency cannot provide this proof, the judge will likely dismiss the case.

lean on the burden of proof

The plaintiff, or the person suing them, is responsible for proving that they do in fact owe the debt and have not yet paid it. Asking for detailed documentation of the amount you owe is a viable option when sued. when debt changes hands so often, documentation can get lost in the process. If the agency cannot show you an itemized list of everything they are suing you for, along with proof, the case may be dismissed or lead to a settlement at much lower cost.

consider statutes of limitations

There is a statute of limitations that collection agencies must follow. Generally, this limitation is 4-6 years after the last day you actively paid into the account. If it has been more than 4-6 years since you last paid off your debt, check the statute of limitations to see if you can dismiss the case for expiring. You may also want to consider this before you make the smallest debt payment. If you are only a few months away from the statute of limitations, collection agencies can pressure you to make even a small payment, which will reset your time delinquent. If you are at this point, speak to legal counsel before making any payments.

file a counterclaim

Has the debt collection agency been bugging you for hours on end at unreasonable hours of the night? Have they been sitting on his doorstep demanding payments and harassing his family? you may have a legal basis to file a counterclaim. Be sure to document the collection agency’s malpractice, and then you can put together your own lawsuit, preferably with the help of legal counsel. This could either cause the agency to drop the lawsuit or, depending on how much you owe and how egregious the agency is, you could end up on top and get paid for your harassment.

declare bankruptcy

If you don’t know what to do, have no way to get the case dismissed, but have no way to pay the debt, you may want to consider filing for bankruptcy. When you file for bankruptcy, all cases and collections against you are stopped until the bankruptcy hearing is dismissed or cancelled. Bankruptcy has big and long-lasting ramifications, but it could help you get back on your feet financially, giving you the ability to rebuild from the ground up.

isn’t it your debt? understand how to dispute your debt

If you’ve been served with portfolio recovery documents outlining the debt you allegedly owe, but you’ve never paid the debt they’re suing for, you’ll want to respond quickly.

There are many reasons you may have a debt in your name that you shouldn’t. If someone fraudulently opened an account in your name, the debt was incorrectly attributed to you, or you paid the debt but the payment did not go to the account, these are all reasons why you may have a debt claim that wrongfully demands the payment from you.

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When this happens, you will have to help prove that the debt is not yours.

beware of scams

Before starting this process, try to verify that the claim is legitimate and not a scam. ftc has a clear guide to fake debt collection agencies that it’s good to check out.

Some scammers send out ads claiming to be debt collection agencies and threatening to file a lawsuit if you don’t make a payment within a certain period of time. A legitimate business should have complete contact information, be able to give you the correct origin and amount of the debt, and be able to tell you the history of the debt (i.e. which company originally had the debt, when it was sold to the company, and how much interest the debt has accumulated over time if you’re sure you don’t have any debt anywhere, but you received a letter threatening a lawsuit, make sure the letter is legitimate with a little deeper investigation if it is real, continue with the next steps.

dispute the claim

Although, in theory, the burden of proof is on the agency suing you, you will want to play an active role in proving that the debt is not yours. Also, keep in mind that creditors will often sell your debt so they are no longer responsible for collecting it. Just because you have debt collection notices from a company you don’t recognize doesn’t mean you don’t owe that debt. Make sure you understand who owns your debt before you decide to ignore collection notices.

If you really have no connection to the debt being collected, you may want to dispute the debt.

disputing the debt forces portfolio recovery to produce documentation showing that you are the person who owes the debt. while this is happening, collection efforts should cease until documentation is produced.

You can mail the dispute, but make sure it is sent via a certified mail carrier (not just hand delivered) so that the postage is time and date stamped, which may later be required to help show you answered. in an appropriate time frame.

If portfolio recovery cannot find proof that the debt is yours, or if it has proof that it is not yours, the claim may be dismissed.

here is a link to a sample letter you can use to start disputing the debt.

check your credit report

You’ll also want to check your credit report. If the portfolio recovery debt is listed on your credit report, you can also dispute it with the credit bureau if the debt is not yours.

If this is true, file a dispute with all three credit bureaus to ensure the bad debt is fully removed from your account. Keep in mind that just because a debt doesn’t appear on your credit report doesn’t mean you don’t owe it. Credit reports will only show your debt if they report delinquency, which some may not do until after seeking full repayment. it is still an important step to verify that the debt does not belong to you.

Here is information about the three credit reporting agencies you can use to compile your credit report:

  • Equifax, 800-685-1111, p.o. box 740241, atlanta, ga 30374-0241
  • experian, 888-397-3742, p.o. box 2104, allen, tx 75013-0949
  • transunion, 800-916-8800, p.o. box 1000, chester, pa 19022

state and federal regulatory measures for portfolio recovery

The portfolio recovery has had its share of negative headlines. Let’s take a look at some of the previous actions against portfolio recovery.

new york attorney general

on may 1, 2014, portfolio recovery partners, llc in new york, new york entered into a bond of discontinuance with the new york state office of the attorney general (oag) for alleged violations of new york executive law , New York General Business Law (GBL) and the Federal Fair Debt Collection Practices Act (FDCPA). portfolio recovery associates, llc without admitting or denying any of the allegations listed in the termination guarantee agreement entered into in this guarantee for the purpose of settling and resolving the investigation by the new york state attorney general’s office and considering that the parties believe that this guarantee is a prudent and appropriate way to resolve the dispute. This outage guarantee only applies to consumers residing in New York City. The alleged violations include, among other things; – see more on the bbb website.

saint louis attorney general

August 18, 2009, Attorney General Chris Koster today filed a lawsuit against two debt collection companies that run scams to collect debts from citizens who do not owe money. koster filed lawsuits in st. louis v. portfolio recovery associates, a public company based in virginia, and professional debt management located in kansas city. Koster said the portfolio buys old and discharged debt, often from another bad debt buyer, and then tries to collect, sometimes through a court action. he said the company is often trying to collect accounts that are already paid or have been discharged through bankruptcy; sometimes they try to charge the wrong consumer or for the wrong amounts. He said the company has threatened to garnish consumers’ Social Security checks, something they have no authority to do, and has refused to provide consumers with proof that the debt is valid.

the jury awards almost 83 million dollars

A Missouri jury ordered a debt buyer to pay nearly $83 million to a Kansas City woman he was pursuing for a $1,000 credit card bill she didn’t owe, reports npr affiliate kcur. The jury found Portfolio Recovery Partners LLC guilty of violating the Fair Debt Collection Practices Act, for which it will pay $250,000 in damages, in addition to maliciously prosecuting the woman, Maria Guadalupe Mejia, for the debt that did not belong to her. . For the malicious prosecution, the jury awarded Mejia $82,990,000 in punitive damages. Read the full story on the credit.com blog.

conclusion

dealing with portfolio recovery debt can be scary and intimidating, especially when portfolio recovery starts calling, texting, emailing, and writing you demanding payment and threatening legal action.

If you find yourself in this situation, don’t panic.

There are laws that were created to protect you. Make sure you fully understand these laws and don’t let a debt collection agency intimidate you into thinking you’re out of options.

Get help, do your research, and if it’s a debt recovery lawsuit, make sure you have legal representation to help you navigate the complicated world of debt collection. If you have any questions or would like more information about your debt relief options, please don’t hesitate to reach out. We look forward to hearing from you, and hope this helps.

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