FightTheCollectors

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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 request that PRA pay for all the costs including my $250 filing fee. February 15th I got a letter from Weber Olcese stating that they filed a response to my motion to compel arbitration, mainly arguing that I couldn't file for arbitration because i didn't do it correctly and it was untimely. They completely ignored the 60 page Consent Order (that i included in my response) from the Consumer Financial Protection Bureau stating a multitude of violations committed by PRA, including false and misleading affidavits and starting lawsuits with no intention to go through with it. They also filed a response to my response to their motion for summary disposition. Now, 3 days later on feb 18th, they sent me a document titled Consent Order For Dismissal. I just received this document today in the mail, they want me to sign it and fax it to them no later that Feb 23rd. It seems pretty straight forward, that they want to dismiss the case "without prejudice and without costs to either party." I want to run this by everyone just to make sure I'm not missing anything. Is this normal? The hearing is on feb 25th, I plan to still go to the court as I don't trust these people, they lied several times already.
  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 motion to reconsider? Thanks for the advice Stick, it is much appreciated
  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 them. I am located in a city in Macomb County, Michigan. Link to CFPB document on PRA: http://files.consumerfinance.gov/f/201509_cfpb_consent-order-portfolio-recovery-associates-llc.pdf
  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 adjourn, she said no, and then he said he is going to stay the case and in his exact words "we will see if he files for arbitration and if he doesn't then we will come back" at this point he was already signing papers, the plaintiffs lawyer asks the judge "so just for record keeping purposes, are you denying his motion" and the judge replies, "yes, I'm denying his motion" and as he finished that sentence he already handed us the paper to sign. I was pretty shocked that I barely got a chance to even ask why exactly he denied it, he basically denied it and signed it before he even said that he denied it. What I understood was that, I didn't initiate arbitration or even make an attempt to, I think my mistake was that I should have filed the motion and filed arbitration at the same time.
  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 (Section 3 arbitration) creditcardagreement_6737.pdf
  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 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