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  3. I'm in the same situation with PRA.... Just submitted my strike though list today. I just reread the paper, looks like it didn't define a due date other than the bottom print, payment due upon receipt... Weird not to include a date, what did the arbs schedule say? did it provide a time period? JAMS time period? @fisthardcheese ??????????????
  4. @Norfolk&Wayman I haven't got anything yet. Probably won't know anything until after the holiday. But I didn't see a due date on the form.
  5. Yesterday
  6. Texas Justice Court does not require evidence be attached to the complaint. It also requires the permission of the court to discovery to get what evidence they intend to use. You need to decide what strategy you intend to use. Synchrony has the BEST arbitration clause of all the creditors. I would recommend answering with a general denial and invoking the affirmative defense of private contractual arbitration. At the same time you file the answer I would file a motion to compel arbitration. Make sure you serve copies of both on the opposing attorney. There are threads on this site that can give you an example of both to modify to your facts and submit to the court.
  7. OC? I live in Texas. Fort Bend county small claims court. The about 1565.00 is what portfolio recovery is trying to get out of me.
  8. @robf270 I see the $5000 was due yesterday the 22nd? Did they pay it?
  9. I was served by a process server from fort bend county Texas by portfolio credit from synchrony Bank old Navy account balance is 1,565 and some change
  10. The Consumer Financial Protection Bureau has a credit card agreement database. You can download a copy of your agreement. You want the year the account was last in good standing. It might be in the archives
  11. First time being in a legal case I want to make sure I’m understanding this correctly. Basically this is stating if we go to arbitration they may be required to pay up to $5000 to take the case to arbitration to collect the $3500 that is owed making it not worth it for them. I would be paying somewhere between $0-$250? Also I’ve never dealt with this before how would I respond to the summons? Does it make any difference that in Washington state any amount owed under $5,000 is in small claims court? How can I find this arbitration clause for my specific account through synchrony or is it the same for every synchrony account? thank you so much already for the original response
  12. If you were not served, you should be able to get that judgment vacated for lack of service. I would suggest consulting with a consumer attorney.
  13. Who is the OC? Arbitration, if available, may be your best strategy.
  14. Your best strategy is arbitration. The OC here is Synchrony, which has an excellent arbitration clause. Find out more about arbitration here:
  15. @Ineedhelp19
  16. Right... Guess i'll just send the strike though. Anything else I should do for now?
  17. The problem with counterclaims is that if PRA makes a successful argument that your claims are frivolous (probably not very likely), it opens you up to the fees. Beyond that, JAMS has allocated fees back to the consumer in at least one case. It was being appealed, but that member went radio silent so we really don't yet know how the upper echelons of JAMS arbitrators interpret the combination of the consumer arbitration rules with the consumer minimum standards.
  18. Hi I really need help getting this taken care of and I’m not sure where to start. I’m extremely nervous about having my wages garnished because I’m on an extremely tight budget. I just got engaged 2 months ago trying to plan a wedding and now I get this. If I am going to fight this in court I have no idea how to formulate a response or what other steps I need to take. I’ve been reading other posts on here but still very unsure on how to proceed. 1. Who is the named plaintiff in the suit? Midland Funding llc 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, aylworth, & Tami, P.C 3. How much are you being sued for? $3,590.70 plus interest at the statutory rate of 12% per annum from the date of judgement until paid 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/AEO 5. How do you know you are being sued? (You were served, right?) This was interesting. Apparently in my city we are served by police officers. I had one come to my house and gave the summons to my fiancé but I was not home and had no interaction with the officer. There was also a notice she put on my back door before my fiancé went outside to talk to her. 6. How were you served? (Mail, In person, Notice on door) See above response 7. Was the service legal as required by your state? I’m not 100% sure on this because it wasn’t served to me directly What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing up to this point. I’ve seen differing responses some say I should call and try to negotiate before going to court but it seems as I’ve already been served I’m better off not calling them 9. What state and county do you live in?  Washington, whatcom county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) February 2018  11. What is the SOL on the debt? To find out: 6 years Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I believe so because I received the summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No  14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Served on May 14 it says I have 20 days excluding the day of service. So I have 10 days left 16. What evidence did they send with the summons? I did did not receive a questionnaire, this is what was provided: COMPLAINT:  In the District court of the State of Washington from whatcom county Midland Funding llc Vs. Plaintiff My name Defendant  Plaintiff alleges Breach of contract 1. Plaintiff is a limited liability company, which for good and valuable consideration purchased defendants synchrony bank/aeo inc credit card account and contact and all of the associated rights thereunder 2. Plaintiff has satisfied the bonding requirements and is duly licensed collection agency pursuant to RCW chapter 19. 16 . A true copy of said license is attached hereto. 3. Defendant, an individual residing in Whatcom county Washington, entered into a contract with Synchrony bank/aeo for a credit card. The credit card was issued to defendant under the account number ******1234.  4. Synchrony bank/aeo inc supplied the credit card to Defendant subject to an agreement to repay all amounts charged to the account plus associated cost and fees. 5.defendant thereafter used the credit card and became indebted to Synchrony bank/aeo.  6. Synchrony bank/aeo performed its obligations under the terms of the contract. 7. Defendant breached the contract by failing to make payment(s) as agreed. As a result, defendant's credit card account was charged off for delinquency on February 4 2018. 8. As a result of Defendant's breach, defending is indebted to Plaintiff in the sum of $3590.70 plus interest at the state statutory rate of 12% per annum from date of judgement until paid. WHEREFORE, Plaintiff prays for judgment against defendant as follows: 1.The sum of $3590.70 plus interest at the rate of 12% per annum from date of judgement until paid 2. Plaintiff's costs and disbursements incurred herein, with interest thereon at the rate of 12% per annum from the date of judgement until paid. Dated this day of  It might also be worth noting in section 2 it states “a true copy of said license is attached hereto” however there is no license attached to the summons. any help or advice would be greatly appreciated
  19. PRA is using in house lawyer. They paid the full $1500 filing fee for a debt between $600-800.... I filled with Jams and didn't allege any counterclaims.... yet...
  20. They paid the non-refundable filing fee of 1500 (or 1250 if you paid 250) for a claim that is between 500 and 1000? Is PRA using in-house counsel or a local attorney?
  21. @fisthardcheese @BV80 Looks like PRA paid the filing fee to JAMS. Received commencement of arbitration. I'm submitting my strike through today. I asked for mutual dismissal before the filing fees were paid, but PRA said they weren't interested at that time. Should I ask again since now they have seen the arbitrator rates from JAMS? Wonder if they will pay the first bill from the arbitrator? Also - slightly worried about getting stuck with any of these fees if they follow all the way through and are awarded settlement. Thoughts?
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