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Everything posted by JohnDeer

  1. Here's last years thread, I think I made a new thread to say that I'd won, which is why this one isn't updated: http://www.creditinfocenter.com/community/topic/322919-sued-by-pra-in-illinois-whats-the-next-step-some-questions/
  2. Thanks, I read it over several times and decided since I have such a short time to just leave it as is. I don't think the bill of sales is anything much more than what we had before anyway. Shellieh, yes a credit card. I'll look into arbitration. Thanks.
  3. I was sued for a second time by PRA after winning a dismissal last year. I have the motion for leave and motion to dismiss all ready, same as last time, however this time there is a bill of sale (with blocked out information "In consideration of a __________" and "Cuttof Date was ________", it doesn't really say much of anything and says it was sold without recourse or representation and has none of my info on it at all). I'm just not sure how/if that changes my motion to dismiss (attached). I go in tomorrow, so need help ASAP. Thanks! genericmtdNOINFO.pdf
  4. @gwheelock915 @Spikey Hey guys, my return date is coming up on Monday, I never did get anything in the mail from PRA (it looks like their deadline was end of May on the paper I have). Any idea what I can expect in this case? I'm hoping it means they'll just throw it out, no hassle.
  5. @Spikey Yeah it was filed instanter, she said they can't be filed together like that for amounts under maybe $10,000 (can't remember exact number). So what do you think I can expect the documents from their lawyers to be?
  6. Update on the case. Today was the return date, I went in about 20-30 mins late and waited for the judge to call my name, went in to the courtroom and their lawyer was there also but we didn't speak to each other. The judge asked me what the story was, I told her I'd filed a motion for leave with a motion to dismiss attached to it; she asked why so I told her failure to prove standing, lack of a contract and incompetent affidavit; she then said you can't file them at the same time on amounts under such and such amount (I think $10,000 but I'm not sure); then they set a trial date, which is set for a few months from now, and that I would be getting documents in the mail from their lawyers. The piece of paper I was given with the trial date on it has the section filled as if I had defaulted and that is then crossed out, I imagine they did that before I got there. Then it says that their lawyer is to provide documents to me before such and such date (which is a couple of weeks before the trial date). @Spikey @gwheelock915
  7. Update, I went in yesterday and filed my appearance, got my fee waiver accepted and filed the motions to be heard in a couple of weeks on the return date (they just had me fill in the same date/time as the return date so I guess they'll be heard at the same time). I'm preparing the paper work to mail off to their lawyer now, including the stamped motions & notice of motion and the fee waiver form, I understand that's all I need to include, correct? It was all pretty straight forward, thank you so much for helping me be so well prepared. I'll be back to pick your brains about what to expect at the next date. @Spikey @gwheelock915
  8. Here: It makes sense to have them ready, but how do I go about that without the necessary forms?
  9. @Spikey Excellent thank you for that! @gwheelock915 was saying the forms that are on the cook county website are outdated or not the right ones so to get them from the court house? Let me read back and see where that was.
  10. @gwheelock915 excellent thank you! So is the motion for leave something else I need to prepare now or will that be a form the clerk gives me at the time? It sounds like the appearance and fee waiver will be checked and approved real time so they'll tell me it's done then and there (with a wait, this is bureaucracy after all)? After that I'll tell them I'd like to file a motion for leave of the court to dismiss the case and then (here's where the motion for leave is, where is that coming from? Prepared beforehand or filled out there?) hand them both the motion for leave and the prepared motion for dismissal at the same time. Will I ask for them to approve it 'instanter' (noting these words down) verbally or will that be written on the motion? Is this happening in a civil court room with a judge or in a kind of waiting room situation (trying to get a visual)? Thank you so much for this, I really appreciate the advice and the help getting this sorted quickly. I really appreciate your patience with my questions too, I feel like I'm asking the same ones over and over but figure it's better to ask than wonder.
  11. Ok, so file appearance and then tell the clerk I'd like to request a leave of the court to file a motion for dismissal? Or will I end up in front of the judge for the appearance anyway and ask then? Sorry to ask the same question over and over, I just want to be prepared so I don't look clueless on the day.
  12. @Spikey I did indeed misunderstand what @gwheelock915 was saying, thanks for the clarification. So I'm going to ask the judge's permission to file the motion for dismissal when I go to file my appearance with him/her? And once I've gotten permission I give my prepared motion to the clerk when I go down to file my appearance after seeing the judge?
  13. Just checked the mail and got a letter from Blatt etc. law firm saying quote: "This law firm represents the above referenced client in that lawsuit regarding your outstanding obligation with them. We are offering you the opportunity to discuss your proposal for resolving the lawsuit. Please contact us at 1-866 (etc.) to discuss the resolution of this matter." @Spikey @gwheelock915
  14. @gwheelock915 @Spikey thank you both for the advice and info, it is enormously appreciated. So as I understand it, as long as I don't want the service waiver, I don't do anything until the date/time of the appearance (or before? So I can do it at my convenience any time before that?) and when I go in I take the summons to the clerk and tell them I'd like to fill out the appearance and the fee waiver forms. Is this correct? Spikey was saying that I'd need to ask for the leave of the court to file the motion to dismiss and then I'd need help to prepare the forms for the motion, but it sounds like gwheelock is saying I can do that by asking the clerk for the necessary paperwork without requesting a leave of the court, on the same day as I do the appearance? Is this correct? If that's the case, is there going to be any jargon or such that might trip me up on the motion for dismissal forms? Or will it be fairly straight forward? Are there examples of what to expect on these forms online (just to familiarize myself)? I'm definitely feeling more confident after reading all this, thanks a lot guys!
  15. @gwheelock915 we were posting at the same time. Thanks for that, very encouraging. Yeah I'm in Cook Country about 20mins outside Chicago, looks like the courthouse we're going to is the Richard J. Daley Center.
  16. @Spikey So I'll probably give Edelman a call and see if they'd be willing to do a free consultation, but I've gone back and forth and I'm more than likely going to end up representing myself. I'm also going to do the Service Waiver but I want to assume that I only have the 14 days that the summons says and so I want to learn what I need to know in the mean time. Are you able to give me a run down of the steps I need to take and what I need to know for my appearance (things I need should/shouldn't say and any particular way I need to say/avoid them, if that applies), don't worry about overloading me, I'm just going to study everything I need to know now and make notes and what not so I'm well prepared should I end up at the court on the 20th.
  17. @Spikey Ok, thanks, really appreciate the advice, I'll check out Edelman and be back once I've looked at the Fee and Service waivers.
  18. @Spikey good to know! I don't want to deal with default judgement and what not so I'll look at the service waiver option. Thanks for that advice. So if I wanted to consider a lawyer (a friend has offered to help pay for it), would I need them right away or could I sort out the appearance first and then hire a lawyer? What sorts of costs would I be looking at for the whole case? Any advice on looking for an affordable lawyer and any risk of lawyers trying to stretch things out to increase fees? You said most would want me to settle, but in the end they're working for me so I can insist we fight them right?
  19. @Spikey I appreciate the advice and caution, thanks. I understand, I've got some careful homework to do and it's 50/50 whether they'll have proof or not but worth attempting to win the case. So, since I don't have any assets or money in the bank, what's the worst case scenario should I lose the case? If I go to court and defend myself, I don't do well or they end up having the necessary proof and the judge rules in their favor, what's the worst case scenario? I'm about half way through the guide you posted and then moving on to the Civil Procedure document. I'll go through them again and make notes about what applies another day. I think I can do this without a lawyer with your generous help, it's a risk, but hopefully worth it. The docket search info hasn't updated yet so I'm assuming for now that I'm still waiting for proper service but I'll continue checking. Is there a risk of the court considering the service valid even without the docket updating online?
  20. @Spikey First, thank you so much for the advice. About service: I found the cook county (where I live) docket search and there's nothing under "Date of Service". Does that mean it's not proper service or is there something else I need to be looking for? Last activity is 1/23 which looks like the date it was filed. I noticed there's no signature or anything filled out under "Witness" on the summons either, is that irregular? If the summons isn't properly served, do I still have to respond as if it is? Or should I wait until I've been properly served? I am interested in fighting the suit if it's a fairly easy process, would I need a lawyer to do that or could I just as easily do it myself? I'm not a confident speaker, but if I know what to say beforehand and how to properly address the judge, could I do it without a lawyer? I'm concerned about the costs. That's definitely interesting about the SOL case! I'll fill out the fee waiver questions later tonight when I have time to sit down and do it, and will look for the appearance information as well. I'll also do some googling about filing the motion for dismissal. Thanks again, really appreciate the help.
  21. FYI I edited the original post to change the law firm answer, I misread that the first time. Name of the law firm is there now.
  22. Hi everyone, A summons was left for me today sticking out of my apartment mailbox. There is a space that says "Date of service (To be inserted by officer on copy left with defendant or other person)" which is blank (since it wasn't left with a person at all). Is that an appropriate way to be served? There are also two copies of the top sheet (the YOU ARE SUMMONED one). The lawsuit is from PRA and is regarding a credit card account that they apparently bought from GE Capital Bank/Gap. The complaint has my name and the county I'm a resident of, a statement saying that I opened a charge account with ge capital bank agreeing to make monthly payments, a statement saying PRA is "the successor in interest of said account... having purchased said account... in good faith and for value", a statement saying I did make purchases and charge the account but failed to make payments and the balance (>2500) "(See Client affidavit as Plaintiff's Exhibit No. 1)" and lastly a statement that the plaintiff declares me to be in default and demands payment of balance. Then there is "Exhibit 1" an affidavit from Virginia (I'm in IL?) signed by a notary public that "affirms" 6 points: 1 she is competent to testify, 2 she's an authorized employee of PRA and authorized to make statements on behalf of PRA about the records transferred to them from GE Capital Retail Bank/Gap which have become integrated into PRA's business records. 3 according to the records the account and all proceeds are owned by PRA, all of the banks interest in the account having been sold, assigned and transferred in 2012 and saying PRA has been assigned all of the banks original authority to do and perform all necessary acts for settlement. 4 that according to the records there was >2500 (edited exact amount) due (with the last 4 digits of the original account number) and owed as of 2011 and the last two aren't really relevant info to this post. There's no other information or proof, no DV or anything like that. I'm thinking my next step would be to call their lawyer and talk to them about a payment plan to avoid the suit going forward. Would this be a proper next step? I have very, very limited income and no consistent paycheck, I don't own any assets (house, car etc.) or have any money in the bank. We (family of 4) just live on the money we get, pay the rent and the bills and that's all we have. There's an appearance fee of $186 that I'd have to pay just for showing up to respond to the suit, even that is going to be a struggle to pay. I also read this: http://ficoforums.myfico.com/t5/General-Credit-Topics/Sued-by-a-Junk-Debt-Buyer-Portfolio-Recovery-Associates/td-p/2296511 about a woman who had argued that she never signed a contract with PRA and so owes them nothing (or something more polite to that affect), does that hold any water? Would that be an option should we end up in court? Advice would be more than appreciated. Thanks! Edited to add: If calling them tomorrow is the right thing to do, how should I talk to them, what should I say and not say? Edited again for the questionnaire: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) BHLM 3. How much are you being sued for? See original post above. 4. Who is the original creditor? (if not the Plaintiff) See original post above. 5. How do you know you are being sued? (You were served, right?) Kind of served, summons was shoved half into mailbox and half sticking out. 6. How were you served? (Mail, In person, Notice on door) As above. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint As understood (for IL) they are meant to leave it with a person, I'm not sure what point 3 means. They left it shoved into the side of the mailbox, which doesn't seem appropriate to me, but I may be wrong. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. Possibly phone calls which were blocked. 9. What state and county do you live in? IL, USA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe it was 2010 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 5 or 10 I'm not sure. 12. What is the status of your case? Suit served? 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). - 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? No questionnaire, no answer requested because of amount, but appearance required in 16 days (2/20) with fee of $186. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
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