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About FightTheCollectors

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  1. can you help me with a pre-trial statement


  2. I'm concerned about the "without prejudice" part as I'm afraid they will bring the case up again. I don't think they will though. for $716 sounds ridiculous that they would pursue this at another time.
  3. I NEED AN URGENT RESPONSE TO THIS PLEASE** I haven't posted in a while but true to my name, I was still fighting. I answered their Motion for Summary Disposition, filed for arbitration with JAMS, and refiled a motion to dismiss or stay the case and compel arbitration. The January 28th hearing was postponed until feb 25th because I filed the responses too close to the date for the Judge to look at everything. Shortly after, PRA's attorneys at weber olcese were calling me, left several messages, I ignored them. I got contacted by JAMS, they approved my demand for arbitration and also my req
  4. @stick&rudder Well, it started out with me just wanting them to leave me alone but I started losing faith in my ability to do that as I've noticed this judge tends to sway towards PRA's side. (My brother also defended himself in a lengthy trial and the judge sided with PRA, Although he did not play the arbitration card when he had the chance.) PRA's attorneys filed a Motion for Summary Disposition on December 14th with a hearing scheduled for a proposed date of January 28th. Do I have to answer this Summary Disposition or can I ignore it as long as I file for arbitration and file the motio
  5. Is there anyone that can help me find a lawyer that will take my case (hopefully with contingent fees) to fight PRA, as I have found they are responsible for multiple violations. The Consumer Financial Protection Bureau took action against PRA and another collections agency, they prohibited PRA from collecting debts that they cannot prove, filing false or misleading affidavits, and placed a list of criteria that they must meet, mainly providing documentation that can prove the debt, to collect, criteria that they did not meet in my case. They didn't even have the contract, I had to give it to
  6. Thanks for your help guys! I will go ahead and get a copy of the judges order first thing Monday morning. I will also begin filing for arbitration. I will keep this post updated as I go along.
  7. I wonder if I can go to the court and get a copy of what the judge wrote for his reason of denying the motion?
  8. @BV80 I remember reading that there is a quite a process and some paper work to get the arbitration process going, thanks for pointing that out. From what I know, with JAMS there is a form that I need to fill out and I need to make multiple copies of that and the credit agreement, along with a cover letter. I need to send to JAMS, the plaintiff, as well as notify the court. I think that is how the process goes. It was really odd, after the plaintiffs lawyer said that I wasn't going to file for arbitration, the judge (I can't remember his exact wording) he asked her twice if she wanted to ad
  9. @Clydesmom The credit card agreement gives me the option to choose AAA or JAMS to arbitrate, I've been told that JAMS is the more favorable choice for the consumer. The agreement also states that if I act in good faith then I don't have to pay any fees, the fees are to be paid by the other party. I do know that JAMS has a $250 fee to initiate arbitration. I plan to initiate arbitration with JAMS, how long do I have before I can file a motion to the court for failing to arbitrate? assuming that they ignore my initiation to arbitrate for example. I attached a copy of the credit card agreement
  10. 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 f