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Showing content with the highest reputation on 03/13/2017 in all areas

  1. 3 points
    To add, it is best to sue them first. And let's be certain, in Tennessee they sue everyone for anything so it's just a matter of time.
  2. 3 points
    Ha! I fooled you all, I answered the PM the very same day I got it, lol! Seriously, PRA is out of control and I just rarely even bother with them in a General Sessions Court. Rather, I sue them in Circuit Court (because it's cheaper than filing in USDC) for violating the Consent Order they entered into with the CFPB. If a prespective client has disputed the account trade line directly through the credit reporting agencies, then I can assert FCRA claims as well as additional FDCPA counts. I tend to stay away from TCPA claims because they then through the entire case in the abyss of MDL in California.
  3. 2 points
    Jason, I am glad you are still alive and well on this board. We try to refer clients to you whenever we can.
  4. 2 points
    Excellent! Nice to know you are still lurking around. I try to point TN posters in your direction every chance I get. Go get em! I can't think of anyone more than PRA (okay, maybe Midland and LVNV; oh and maybe my boss) that needs to be put in their place.
  5. 2 points
    Most likely Gemini Capital is a junk debt buyer and bought the assets of CC when they went under. Circuit City no longer existing doesn't matter if the account was sold to Gemini. WHEN did they get this judgment? It may be too late to do anything about it. The first thing you need to do is go to the court and get copies of EVERYTHING. If they used sewer service and you can prove you really never did know about the suit it may be possible to get it vacated but you will likely need the services of a skilled lawyer to do so. http://www.barnettelawoffices.com/ in TN is one of the best at dealing with this stuff and will do a first consult for free.
  6. 1 point
    Thank you all for the referrals! PRA is the absolute worst. Very difficult to deal with. Midland used to be fairly easy, but now I must sue them before they'll even speak to me. Absurdity insofar as the results are the same before they made me sue them each and every time now. Hope all is well and God bless!
  7. 1 point
    Hi everyone, I am new to the board and this is my first post. I am looking for some advice on how to proceed with two debts being collected on by Portfolio Recovery Associates. The first debt was originally owned by HSBC before they were bought by Capital One and the account balance is $1,900. The last payment was made sometime during 2013 and was later charged off. The other debt was originally owned by Comenity Bank, the last payment was also in 2013 before it was charged off and the balance is $1,400. I was not aware of what the debts were at first so I sent a debt validation letter to PRA. So far they have "validated" only the Comenity Bank debt by sending me copies of 3 credit card statements, one showing the balance that they are requesting. I am now worried sick that they will attempt to sue me for the debt as I am now trying to rebuild. I have been reading a lot about junk debt buyers, settling, and arbitration but I am unsure as to what steps I need to take next or if I do nothing at all and just wait to see what they do. I'm hoping someone can offer advice on what my options are and what I should do to attempt to protect myself from a judgement being placed on my CR. Any advice? Thank you in advance!
  8. 1 point
    They are a debt purchaser. Send me a PM or just go to our website and email us. I usually respond back via email even after hours.
  9. 1 point
    Not only that, but the letter says they want to resolve the matter before legal action is necessary, which is after they already filed suit. I believe this is blatantly a violation by misrepresenting the legal nature of the debt. There are 2 violations right there with this letter. Also, the judge did not deny the MTC, so there is no need for an appeal right now. Show up to mediation and simply object or deny everything based on the pending MTC and state that court is the wrong venue.
  10. 1 point
    @NH-Warrior While it doesn't say that it's in "response" to your validation request, it does say "in verification/validation of the obligation in question." Debt collectors don't usually validate unless a request has been made. Then you have the fact that they state "without the need for legal involvement". As you pointed out, you've already been sued. It appears that whoever sent the validation is a tad bit behind the times. I'd use it as proof that you were sued (collection activity) before validation was sent to you. That is a violation of 1692g(b).
  11. 1 point
    I wouldn't send the GD via certified mail, regular mail is good enough for that particular item. Just include a proof of service: POS-030 You don't need to prove that plaintiff received the GD - all that matters is that the court receives it on time. You will need someone to serve (mail) both items to the plaintiff's attorney. That person must be an adult & not be a party to the lawsuit: so a friend, relative, co-worker, etc. You can file the GD & POS yourself at your courthouse. You can follow this procedure: Fill out and sign your General Denial & fill out (but don't sign) the POS. Make a copy of each and give the copies to the person who will serve it (mail it) to the plaintiff for you. That person will mail the GD & unsigned POS to the plaintiff's attorney. Have that person sign the original POS. Take the originals (GD&POS) to the courthouse and get them time stamped, then have them make copies, then file the stamped originals and keep the copies for your records. Going forward however, most items you send to plaintiff you will use certified mail.
  12. 1 point
    Thank you so much @debtzapper and @Clydesmom for all of your assistance and pointing me in the right direction.
  13. 1 point
    Sewer service is when they use a method to serve you that looks legit to the court but in reality the Defendant never knows about the case. Therefore, they don't show for court and the Plaintiff gets and easy default judgment. For example they "serve" the papers at an address you haven't lived at in years or never lived at. The nickname of "sewer service" I believe comes from process servers who used to toss the papers in the sewer and swear to the court they served the Defendant. @TNConsumerLawyerwas actually on the boards today posting. PM him or call his office tomorrow. He is primed to help you deal with this.
  14. 1 point
    I would wait. Your fears they will sue are well grounded. TN has a 6 year SOL on credit card debt and with a very recent default PRA is likely to sue soon. They have been aggressively filing as of late. The problem with arbitration is Capital 1 removed it from their card agreements in 2010. Unless you opened the account prior to that with a survivability clause you won't be able to use arbitration against PRA on that account. There are only 3 ways to prevent a judgment from affecting you and your credit. 1) you settle the matter before they sue. 2) they never sue at all and 3) you defeat them in court or arbitration. Yes, sit tight and in the mean time get a free consult with the one consumer attorney in TN: http://www.barnettelawoffices.com/ He posts here as @TNConsumerLawyer and has a good track record of dealing with JDBs and the local law firms in TN that they use. I would discuss what the cost would be of handling both cases so you are not fighting 2 different battles. Statistics have shown that when a consumer hires a good consumer attorney that 70% or better of the time the JDB folds not wanting to have to prove their case in court. If they sue you have already consulted him and can decide whether to pull the trigger and hire him.
  15. 1 point
    Hi everyone, Today I filed my answer and response to LVNV Funding LLC after they sent a summons to me via sheriff for an alleged debt of nearly 5K. What i noticed was that I never received an initial communication with them until I got this summons period. Secondly I've disputed this account on my credit report before and the original creditor listed it as disputed and never further pursued any action and they never verified it. Looking at my most current I pulled that account and creditor isn't even listed and from my credit reports from as far back as 2010 it showed the account as being disputed. The collection agency also isn't listed on my credit report. So I have a few questions to make sure I got everything covered: 1. Can they collect on a debt that was removed and never was reported again by the original creditor? 2. If I never received any information before getting a summons aren't they in violation of the FDCPA? 3. Since reporting a debt is considered collection activity is LVNV trying to circumvent the law by sending the summons hoping to get a default judgement because they nor the original creditor which I've disputed isn't reporting the debt? 4. I used Lexington Law and I still have the emails showing the original creditor removing the debt, can I just print this also as evidence especially with them being the company sent emails? Once again this account isn't present on my credit report and help is greatly appreciated. Thanks!
  16. 1 point
    Ok I agree with you. From the information I have it looks like they don't have a leg to stand on. I just wanted to make sure I have all angles covered.
  17. 1 point
    The AZ statute regarding arbitration is clear enough. Your affidavit and agreement are sufficient to grant your motion with no further authority so caselaw is not necessary. Midland will have an opportunity to respond to your motion and then you will have an opportunity to reply to their response. That is when you would bring in the caselaw appropriate to whatever objection they bring. Because you filed the motion, you get to have the last word. I do agree with including the proposed motion since the rules tell us to do that. Having said that, though, my justice court ignored every proposed motion I included and just used their own form with a 'granted' or 'denied' box checked so proposed motions in JC seem to be academic. You started your motion by explaining that you and Synchrony entered into an agreement, but there is nothing explaining how Midland is a party to that agreement. One of Midland's recent arguments is that they aren't a party to the agreement, so you need to close that loop.
  18. 1 point
    I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then filed a Motion to Dismiss, or in the alternative, stay case and compel arbitration. However, I forgot when the pre-trial date was and submitted the motion only a few days before the pre-trial. The plaintiffs lawyer made very little attempt to negotiate a deal, instead she had a very rude and demeaning attitude, apparently she didn't even know that I filed for the motion (which I did send a copy to the plaintiffs law firm a few days before I even submitted it to the court) and that seemed to have made her angry or something. Nevertheless, at the pre-trial, the judge mentioned that he looked at my motion. The plaintiffs lawyer said that what I (the defendant) was doing is just common tactics to buy time and based on her experience I'm not going to file for arbitration. The judge asked her if she wanted to adjourn and she said no, he then denied the motion saying that we will see if he (The defendant) files for arbitration and if not then it will come back to court. That is where we stand now, the pre-trial was yesterday (Dec.3rd), and I'm pretty confused right now. I didn't expect the judge to dismiss my motion as the combination of their affidavit being expired and the arbitration clause in the agreement basically throws their argument out the window. My main questions and concerns are, how (at this point in the case) do I file for arbitration and who do I notify and how do I notify them? I've read many posts on how to initial arbitration but my situation seems a little different and I want to make sure I'm doing it correctly. Also, my concern is that if the plaintiffs lawyer send a summary disposition at this point, do I have to answer it or does that mean I am forfeiting my right to arbitration? Any help at all will be greatly appreciated, I'm really a tadpole in a lake when it comes to law, I'm just learning as I go basically. -- Abe