Sued by Portfolio Recovery Associates in Wyoming? Here's What to Do Next

2015 · consent order

$27M total ($19M consumer refunds + $8M civil penalty)

CFPB found that PRA collected on unsubstantiated debt, filed misleading affidavits in debt-collection lawsuits, misrepresented its intent to prove debts if contested, and sued consumers on time-barred debts.

CFPB source

2023 · consent order

$24M+ total ($12.18M consumer redress + $12M civil penalty)

CFPB found that PRA violated the 2015 order by continuing to collect on unsubstantiated debt, suing without required documentation, suing on time-barred debt, and failing to investigate consumer disputes in its credit reporting.

CFPB source

Statute of Limitations Defense

In Wyoming, the statute of limitations for credit card debt is 8 years. If your last payment was more than 8 years ago, the debt is time-barred. Portfolio Recovery Associates has been the subject of CFPB findings related to suing on time-barred debts — check your dates carefully and raise the SOL defense in your Answer.

Lack of Standing / Chain of Title

As a debt buyer, Portfolio Recovery Associates must prove they actually purchased your specific account. Demand the complete chain of title — the purchase agreement, bill of sale, and assignment documents. In Wyoming courts, failing to produce this documentation can result in dismissal.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Wyoming Wage Garnishment Exemptions

Federal limits apply. 75% of disposable earnings or 30x minimum wage exempt.

Wyoming Consumer Protection Act

In addition to the federal FDCPA, Wyoming's Wyoming Consumer Protection Act may provide additional protections and remedies against Portfolio Recovery Associates's collection practices.

Wyoming Court System

Small claims limit $6,000. Circuit court handles larger civil cases. District court for complex matters. Filing fees in Wyoming typically range $50-$200.

Who is Portfolio Recovery Associates?

Portfolio Recovery Associates (PRA) is a major debt buyer owned by PRA Group, Inc. They purchase defaulted consumer debts from banks and credit card companies and pursue collection through calls, letters, credit reporting, and lawsuits.

Has PRA been in trouble with regulators?

Yes. In 2015, the CFPB ordered PRA Group to pay $108 million for using litigation tactics that violated the law, including suing consumers without verifying debts and collecting debts that were not owed.

Can I beat a PRA lawsuit?

Yes. Many PRA lawsuits can be successfully defended by challenging their standing to sue, demanding proof of the chain of title, raising statute of limitations defenses, and challenging the accuracy of the amount claimed.

What should I do if PRA contacts me?

Request debt validation in writing within 30 days of their first contact. Do not acknowledge the debt or make any payments, as this could restart the statute of limitations in some states. Consider consulting with a consumer rights attorney.

Can PRA garnish my bank account?

Only after obtaining a court judgment. If PRA sues you and you do not respond, they will get a default judgment that allows wage garnishment and bank levies in most states. Filing your Answer is the critical first step to prevent this.

How long to respond in Wyoming?

20 days from service.

What is the SOL in Wyoming?

8 years for most debts. 10 years for written contracts.

Can wages be garnished?

Yes. Federal limits apply.

Where are cases filed?

Small claims up to $6,000. Circuit court for larger amounts.

What is the statute of limitations on debt in Wyoming?

Wyoming has one of the longest statutes of limitations on written contracts in the country: ten years under Wyo. Stat. § 1-3-105(a)(i). For oral contracts, it is eight years under § 1-3-105(a)(ii). However, most credit card cardholder agreements designate the law of another state (often Delaware, South Dakota, or Utah), and Wyoming courts can apply that state's shorter statute of limitations under choice-of-law principles or Wyoming's borrowing statute, Wyo. Stat. § 1-3-117. This means in practice, the effective limitations period for credit card debt in Wyoming is often three to six years, depending on the cardholder agreement. For installment loans, the clock generally starts ticking on each missed payment, although most courts treat the full balance as due once the lender accelerates the loan. If you are sued on an old debt, raise both Wyoming's limitations period and any shorter period from choice-of-law as defenses in your answer; the defense is waived if not raised.

How much of my wages can a debt collector take in Wyoming?

After a judgment, Wyoming follows the federal garnishment cap under Wyo. Stat. § 1-15-408. A creditor can take the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings means what is left after legally required deductions like federal taxes and Social Security, not voluntary deductions. Wyoming does not provide enhanced wage protections beyond the federal floor for general consumer debts. Government debts like child support, federal student loans, and taxes follow different and sometimes higher caps under federal law. Wyoming exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, workers compensation, and most retirement benefits. You can file a claim of exemption with the court using the form provided with the garnishment notice. Active-duty servicemembers have additional protections under the federal Servicemembers Civil Relief Act.

Is a debt collector required to be licensed in Wyoming?

Yes. Under Wyo. Stat. § 33-11-101 et seq., collection agencies operating in Wyoming must be licensed by the Wyoming Collection Agency Board, a regulatory body that oversees collection agency conduct, and must post a surety bond. You can verify a collector's status by contacting the Wyoming Collection Agency Board, which operates under the Wyoming Department of Audit. If a collector contacting or suing you is not licensed and bonded as required, that itself is a violation and can support a complaint to the Board, the Attorney General's Consumer Protection Unit, and potentially a defense in a collection action. The licensing requirement applies to third-party collection agencies and debt buyers collecting in their own name. Original creditors collecting their own debts are not required to be licensed, although they are still subject to general consumer protection law. Operating as an unlicensed collection agency in Wyoming is also subject to civil penalties and potentially criminal sanctions.

I was sued in Wyoming small claims court. What should I do?

Wyoming small claims court, under Wyo. Stat. § 1-21-201, handles civil cases up to $6,000. The procedure is faster and less formal than circuit court or district court. The summons will tell you a specific court date. Show up. If you fail to appear, the court will enter a default judgment for the collector. Bring any documents you have, including the original contract if available, payment records, and any communications from the collector. Make the debt buyer prove they own the debt by asking the judge to require the bill of sale, the chain of assignments from the original creditor to the current plaintiff, and the original cardholder agreement. Many small claims debt buyer cases collapse when the plaintiff appears with only a one or two page affidavit. Raise affirmative defenses orally, including statute of limitations, lack of standing, failure to be licensed under the Wyoming Collection Agency Act, and federal FDCPA violations. Either party can appeal a small claims judgment to circuit court within a short timeframe.

Can I sue a debt collector in Wyoming for violations?

Yes. The federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692k, allows you to sue an abusive third-party debt collector for actual damages, statutory damages up to $1,000 per lawsuit, and attorney fees and costs. Common violations include calling repeatedly, calling at unreasonable hours (before 8 a.m. or after 9 p.m. local time), threatening lawsuits the collector does not intend to file, misrepresenting the amount or character of the debt, contacting third parties about your debt, and continuing to collect after a written cease and desist or written dispute. The Wyoming Consumer Protection Act, Wyo. Stat. § 40-12-101 et seq., provides additional remedies under state law for deceptive practices in consumer transactions, and § 40-12-108 creates a private right of action. The Wyoming Collection Agency Act provides administrative remedies through the Wyoming Collection Agency Board. Keep records of every call, every letter, and every voicemail. The one-year FDCPA statute of limitations runs from the date of the violation, so do not wait to consult a consumer protection attorney.