My civil case with Portfolio Recovery is stuck in the Preliminary objections phase, I sent out my preliminary objections March 13 still nothing updated in the prothonotary site besides my last action (prelim objections). This is in Montgomery County PA court. I'm not sure what will happen next (since they never responded) and how long until something happens? Can someone please help me
1 Answer from Attorneys
If you filed preliminary objections then Portfolio's attorney can re-plead the complaint and correct the error if the objections are valid. There is a time limit to respond. If they do not re-plead then they may believe they are in the right. If you believe your objections still have merit then it is up to you to schedule a hearing before the court and brief the objections.
So if your case is "stuck" its up to you to move it forward.
If you are posting here, it means you do not have a lawyer. Why are you litigating and what is the subject of your preliminary objections? Preliminary objections are limited to: lack of jurisdiction or improper venue or service of process; failure of a pleading to conform to law; insufficient specificity; failure to state a case; failure to join an indispensable party (or misjoinder) or lack of capacity to sue and pendency of a prior action. See PA Rule Civil Proc. 1028 and the local Montgomery County rules. Consult the local rules for getting the objections scheduled and briefed.
Anything else has to be raised in an answer. I have seldom seen a complaint fail for one of these reasons in the debt context. And even if you succeed in the short term of winning on the objections, exactly what does that get you? In most cases the defect can be cured unless its a jurisdiction issue.
If you really have a bona fide objection, then you would do well to get an attorney to argue this for you and assist in getting the objections heard. If you do not have a bona fide objection, then what is your real goal? Is this your debt? Was the debt timely filed? How much is the debt for? What law firm is representing Portfolio? Do you have at least 50% of the amount sought? If so, the debt can be settled. And if you have a lot of debts, depending on your circumstances, you might want to consider bankruptcy.
If you are interested in resolving the debt in a non-litigation non-bankruptcy context, please contact me at [email protected] If you want to litigate, there are lots of attorneys who handle defense of credit card debts (Portfolio is a junk debt buyer so this is probably a credit card debt).
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