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Indiana/Portfolio Recovery Associates/Medical Debt/How-To Guides/How to Respond to a Debt Collection Lawsuit
5 Steps · Indiana Law

How to Respond to a Debt Collection Lawsuit

For Indiana residents dealing with Portfolio Recovery Associates on medical debt

Critical timeline, how to write an Answer, common defenses, and what happens if you do nothing. This guide applies the steps specifically to Indiana's laws and Portfolio Recovery Associates's documented collection practices for medical debt accounts. In Indiana, the statute of limitations on medical debt is 6 years and wage garnishment is limited to 25% of disposable earnings.

6 years

Indiana Statute of Limitations

$2,459

Average Medical Debt

25% of disposable earnings

Garnishment Limit

Known Portfolio Recovery Associates Violations

Portfolio Recovery Associates has a documented record of FDCPA violations. If any of these occur during your Indiana collection dispute, document them and file immediately.

  • Filing lawsuits on time-barred debt
  • Adding unauthorized fees to original balance
  • Calling outside permitted hours

How to Respond to a Debt Collection Lawsuit — Step by Step

Steps customized for Indiana law, medical debt rules, and Portfolio Recovery Associates's collection patterns.

1

Do not ignore the lawsuit

If you are served with a complaint, you MUST file an Answer by the deadline — typically 20-30 days depending on your state. Missing the deadline results in an automatic default judgment against you, which allows wage garnishment, bank levies, and property liens.

2

Read the complaint carefully

The complaint states who is suing you, what debt they claim, and what they want. Note: the plaintiff's name (may be a debt buyer, not original creditor), the amount claimed, and the cause of action. Check if the SOL has expired based on the date of first delinquency.

3

File a formal written Answer

For each numbered paragraph, respond: Admit (only what you know to be true), Deny (default to deny when uncertain), or 'Defendant lacks sufficient knowledge to admit or deny.' Deny any amount you haven't personally verified.

4

Raise affirmative defenses

In your Answer, include affirmative defenses: statute of limitations expired, lack of standing (debt buyer can't prove proper assignment), wrong person, amount is incorrect, debt was already paid or settled, original contract doesn't exist.

5

Consider getting legal help

For amounts over $5,000 or if the other side has an attorney, consult a consumer rights attorney. Many work on contingency. NACA at consumeradvocates.org has free referrals. Your state's legal aid society may help if you qualify.

Medical Debt Dispute Strategies in Indiana

These strategies apply to medical debt specifically. 80% of medical bills contain errors. The No Surprises Act protects against out-of-network surprise bills. Medical debt can't appear on credit reports for 365 days.

  • Request itemized bill with CPT codes
  • Check for No Surprises Act violations
  • Apply for hospital financial assistance
  • Dispute errors line by line
  • Negotiate — hospitals accept 40-60% routinely
Relevant laws: No Surprises Act, 42 USC § 300gg-111 (balance billing), FDCPA if in collections, State surprise billing laws

How to Handle Portfolio Recovery Associates Specifically

  • PRA buys debt for pennies — never pay full amount without negotiating
  • Request the original signed agreement — PRA rarely has it
  • Document every call with date, time, and representative name

Indiana Debt Collection Laws

Indiana Deceptive Consumer Sales Act governs debt collection in Indiana in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.

Key Indiana Protections:

  • 10-year SOL on written contracts
  • DCSA allows treble damages for deceptive acts
Income exempt from garnishment in Indiana: Social Security, Unemployment, Workers' comp, Pension, Disability

Key Tips

Debt buyers dismiss 30-40% of cases when the defendant files an Answer and demands documentation — they often can't prove the debt
Filing an Answer costs nothing (or a small filing fee in some courts) and is the only way to fight back
After filing your Answer, send discovery requests demanding the original credit agreement, complete payment history, and chain of assignment — they may not be able to produce it

Frequently Asked Questions — Indiana

Can Portfolio Recovery Associates garnish my wages in Indiana?

In Indiana, wage garnishment is capped at 25% of disposable earnings. The following income is protected: Social Security, Unemployment, Workers' comp, Pension, Disability. Portfolio Recovery Associates must first obtain a court judgment through proper legal process before any garnishment order can be issued.

What is the statute of limitations on medical debt in Indiana?

The SOL for medical debt in Indiana is 6 years. Once expired, Portfolio Recovery Associates cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.

What law governs Portfolio Recovery Associates's collection activity in Indiana?

Indiana Deceptive Consumer Sales Act applies in Indiana alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. 10-year SOL on written contracts

How do I dispute medical debt with Portfolio Recovery Associates?

Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Portfolio Recovery Associates must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and AG Consumer Protection.

Related Resources

Indiana Debt LawsPortfolio Recovery Associates in IndianaMedical Debt · IndianaPortfolio Recovery Associates ViolationsMedical Debt GuideAll How-To Guides

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