Hello All! I'm looking for some advice for how to proceed with my current case. I've had amazing help over at debtorboards.com but wanted to get feedback from here as well. Here's a rundown-
PRA filed suit in December, I was served in Febraury for $578.36 from WFNNB Victoria's Secret.
After reading advice from debtorboards, I filed a MTC. The PA filed a opposition, and I then filed a reply.
Court was today! It was ROUGH!! The PA sent some young girl and she immediately as me if I wanted to make a payment plan- NO! She says "so you deny this debt is yours"? I said "yes!" I told her only settlement was a dismissal with prejudice and she didn't reply.
She continues to argue that the court uses some printout of a CC Agreement from 2009 since that was the year it was opened (because there is no Arb. Agreement). I rebuttal with the 2012 CC Agreement that shows Arbitration since it's the year that the alleged account was in good standing".
The judge them starts grilling me! Treating me like a child. He asks is this your debt ? I answered "No, to the best of my recollection I paid my debt in full". He asked me again- I have the same answer. He then asks "So are you saying "you THINK this isn't your debt, or no it's not your debt". I said "No its not my debt". I argued "the PA hasn't given me any authenticated documents from the OC and have no way to prove this is my debt".
He says "Why Arbitration? Do you no how much that costs you? You have to pay half? Why do that? Do a trial by judge! It's quicker, easier and free. I think that's what you should do. Arbitration takes forever". So I panic and say "ok, fine".
He asks the PA if there's anymore paperwork they have that they intend to use at the trial by judge. She said no- but they haven't done Discovery yet. The judge says "it's okay. Just do an informal one, just make sure the defendant has the paperwork you intend to use".
So its scheduled for May.
Now I'm worried. Why was he so pushy about this? How the heck can I beat these dummies? Did I perjure myself when the Judge asked me like 4 times if it's my debt and I said no?!
