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About Tanner

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    New York
  1. The arbitration clause that is in the agreement that PRA sent me states that arbitration ca be elected at any time even after the trail has started (I can look at the exact wording in the morning). Thank you for your responses!
  2. A trial has not been set, I have only been in pre-trial conferences. Am I incorrect in thinking that these conferences are different than actual "court"? No judge is present, just the Clerk.
  3. Thank you for your response. I feel like I have a good chance because I haven't seen a judge and won't for some time-- I have only been meeting with the Clerk. I have tried to look up NY rules, but I haven't seen anything. Why does arbitration seem so intimidating? Have you been through it?
  4. Hello Just finished my 5th conference with PRA and they are now waiting for my discovery demands. During the conferences I have just sat there and only replied "I don't know what this is" when asked a question. I forgot about the wealth of info here (arbitration!), and am not sure what my next step should be. Should I send discovery demands? (Google isn't helping with DIY forms for me to do this- if anyone has direction to point me in) Should I start arbitration? (I am very nervous I'll screw it up!) 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Fosters and Garbus LLP, NY 3. How much are you being sued for? $4,515.93 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None before 9. What state and county do you live in? New York, Sullivan 10. When is the last time you paid on this account? 12/2015 11. What is the SOL on the debt? 4yrs (was served within the SOL) 12. What is the status of your case? Suit served? Motions filed? 5th pre-trial conference scheduled for September as they wait for my discovery demands 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? No 15. How long do you have to respond to the suit? Responded denying allegations 16. What evidence did they send with the summons? none with summons, but have sense sent a packet of statement cover letters starting with a balance of $3,962, the bank cc agreement, and an unsigned affidavit of service (it is not filled in date or signatures)
  5. Thanks for the ideas! seeing this collection was just so discouraging. Our credit cards are all at a $0 balance except one that has about $200 on it. We have no plans to close any accounts. I've read that it's not good to close, correct? The late payments were 2 months ago. It was a mix up with our automatic payments and switching our banks after a move. It's the only late payments. So the only 2 things that I can see on the report is the collection and the late payments. I haven't found much about late payments--- I mean, we were late... Don't think there is anything we can do about it. So this left the collection. I don't feel it should be on there, I was pissed and so I guess I was putting more stock in it than I should. We are focusing on making all payments on time... We don't really have any so that shouldn't be too hard.
  6. Thank you for the replies! We are wanting to apply for a conventional loan 97% From my research, I believe we would need a 680 to qualify. Our scores are no where close... Low 600/high 500 (I got a report from fico website and saw mortgage fico was wayyyy lower than credit karma!) This is not our only negative, just the only collection. We also have late payments on a credit card, 2 30-day late payments that just happened due to auto payments not processing. (Was 60 days late but they have it as 2 30) My thoughts were getting this removed would help to raise our score enough to qualify?
  7. Hi I've been reading a lot on this site. It is very informative. I am hoping someone can help with my situation. My husband had a collection agency send a bill for an Att phone. We couldn't pay the bill at the time and ignored the first few. We got back on our feet and started catching up all of our bills with hopes to buy a house soon. When we called IC systems to make a payment and they said the account had been returned to Att. My husband called Att and paid the bill. I signed up for credit karma to see what our score is because we would like to buy a house soon. And on there was a collection from enhanced recovery services for $0 from Att! I called Att to figure out why there was a collection for $0 and found out that the bill we paid was to enhanced collection agency! I've since talked to so many people at Att and the collection agency and no one will do anything to remove this. And from what I've read, $0 collection is just as bad as a collection with a balance? Is there anything we can do? This is the only collection on our account and its $0.