I just recently became a member of the forums, I live in White Hall, Arkansas and am being sued by Portfolio Recovery Associates. The alleged debt is for 867.00 and the process server out of Benton alleged to have served me on 24 January 2017. A week later, I got a letter in the mail from a bankruptcy attorney wishing to represent me and it gave a case number, this is how I learned of the law suit. I directly went to the court and got all the paperwork regarding the case and told the clerks that I had not been served, they stated that was odd and that I should be served soon. I was naive and thought that I should wait to get served. I waited about 3-4 weeks and went back to the clerk and again asked if there was any movement on the case and that I still had not been served. I was under the assumption I needed to be served in order to reply to the suit. On 28 March I received a letter in the mail from Portfolio Recovery Associates requesting from the court a judgement against me because I had not replied to the paperwork the process server alleged to have served. I quickly shot off letters to the administrative judge and the judge that would be hearing the case, as well as sending a letter to the attorneys for the plaintiff explaining the situation as well as a Request for Production. I was given a hearing date of 23 May 2017, and never got a reply to the request for production. On the day of the hearing, They were represented by a local young attorney (just out of law school so I am assuming as cheap as they could go) whom requested a continuance because he had just gotten the case. The judge has given him 60 days, but we have not gotten a letter yet for the exact date. Two days ago I gave the court a Request to Compel Production letter, that I will sent certified letter to their attorney of record in Virginia, I am considering sending a Motion to Strike Affidavit because there is not accompanying Exhibit B that is complete, it is just basic information and nothing showing my actual alleged account number or information showing that the debt was actually purchased. I have even considered calling this woman that signed the affidavit as a witness. I also received a offer of settlement right before the first hearing offering me a reduction to 611 dollars, I am considering a counter offer letter that I will send to you as well, please let me know if this is a foolish idea. I would like to sink them into a situation where they are spending too much time and money on the case before the coming court date. I guess my question is, am I going about this the correct way? Do you have any suggestions? I sincerely apologize for this being such a long explanation. but I am so in need of help right now.
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