Berrygin

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About Berrygin

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  1. Well, hopefully the final chapter of this very long drawn out story is about to come to pass. I ask this trying to make more sense as to why I am asking this question again, in a slightly different way. Remember, I am both dumb, and not familiar with the State court process in general. I've read up quite a bit here of late (going back several pages), and haven't seen others mention this, but can't be the only one that would have this question. Ok, I long ago filed the MTC, have copies of everything, affidavit, CC agreement. What would have made PERFECT sense was the way it was before . You file, you are approved for Arb, PRA/Cooling wants no part of it because it's much more expensive than the alleged debt. but, since AAA/Adr won't work with them anymore...even though PRA in theory doesn't have to worry about ARB costs...the Judge as Fisthardcheese would put it, doesn't care about the AAA garbage, I have proven I filed for arb, have cc agreement, MTC, period. In the past several months of being banned by AAA, no new leg for them to stand on? I feel a chewing out coming my way, which is ok, I just keep feeling that like the times before, something out of left field will happen. I just don't want to be unaware of some recent, or not so recent tactic. Thanks!
  2. I remember being told to send everything you file to the PRA as well, would that even include the Affidavit, or just bring it to court?
  3. Fisthardcheese , you are clearly better at seeing the bigger picture, and I get hung up in the smaller details... So, you are basically saying, just go in with a MTC with the CC agreement, and a Notarized affidavit.... my case number was deleted(sent this one, MTC, etc to PRA after filing earlier) from Feb as they don't do business with Portfolio anymore... I do have a case number for this filing,(under review, first time they have said this, but not via email, just their site) and I have paid, and can prove that... just do that, go to the State court clerk with that stuff, and I should be good to go? No need to show the pdf showing AAA isn't dealing with Portfolio? It's basically Portfolio's problem that they can't live up to their part of the contract ? Starting to make a bit more sense, I think...
  4. Hey everyone....well...I had some more questions, and I wasn't even going to ask them as when I scrolled up to see if someone had actually answered my latest questions before, I saw that in my last post, I basically asked a question that had been answered! (A new question comes to mind, and I forget what I read an hour ago, or last week, the memory is not what it used to be). Gah! Clearly I would be a terrible lawyer, the worst ever. I don't get it. Honest, I am not Cletus the slack jawed yokel in my day to day life! Some people have even said I was reasonably smart(Maybe they were just humoring me). but, when it comes to trying to grasp the basics of going to court on your own, I turn into a below room temperature IQ moron. Now, I can make excuses(as you can tell from previous posts) like, IF PRA had done what they normally did the first time I went to court, and folded like a cheap tent that first time in court...I wouldn't have been done with this last October. but, they didn't and their dreams came true , even though I did show up the 2nd time, I was ill prepared , didn't even recall on page 1 being told there could be a trail right then and there. I sure wish I had sent money to AAA, not just filed, but.. like everyone else, .I can't change the past. I wish I had looked online to see the case was incomplete...but I didn't. I hope all of my mistakes do help others in the same boat... ANYWAY,way more than enough of how stupid I am....I've come here hat in hand begging for another chance to be given advice, and hopefully for my brain to grasp it, not overlook 2-3 key words..somehow, I am still not quite dead in the water...there was a mini continuance granted....so...I went and filed for Arb again with AAA. Things had changed since last year even, doesn't seem that email is the way, nor to have an account and try that way (file and Manage a case) I was having all sorts of issues with their new website design, called someone, got a nice guy...he said yeah, much easier to sign in as a guest. Yep, sure was! Simpler form, easy to attach files, etc. I just didn't think that was the way to go since I had an account already. FYI for anyone needing to file with AAA.... Well, it's adr.org which brings me to my new stupidity...err new problem. I was waiting to hear back from AAA with a new case number, for my latest filing, so I was constantly checking, then searching my emails, in case I missed something (All other emails from them had the word Arbitration in the subject line, or the body of the email) but never found anything, and as you know, they are pretty fast responding. nothing, so I thought, hey, their email, what is that, it's like their website, right? Even though they are AAA, for obvious reasons, they can't have that as a web address, or email handle, it's adr.org, but being slightly dyslexic, I keep putting in ard.org, which is a railroad site...and I was of course searching my emails for ard.org and/or the word arbitration for an email....so, realizing my mistake, I put in adr.org and found in Feb an email that was from them! Didn't have the word arbitration in the subject line, just my name, and cooling and winter and they had attached a PDF file (which is probably why I had no luck with a keyword search) and it says.... "Dear Parties: Claimant has filed with us a demand for arbitration. We note that the arbitration clause provides for arbitration by the American Arbitration Association (“AAA”). Prior to the filing of this arbitration, the business failed to comply with the AAA's policies regarding consumer claims. Accordingly, we must decline to administer this claim and any other claims between Portfolio Recovery Associates, LLC and its consumers. These policies can be found on our web site, www.adr.org, in the Consumer Due Process Protocol (“Protocol”) and the Consumer Arbitration Rules. On a previously-filed consumer matter, this business did not timely submit its share of the filing fees and/or failed to waive a provision in its consumer contract that the AAA identified as a material and substantial deviation from the Protocol. The AAA sent correspondence informing the business that it may decline to administer consumer arbitrations involving this business and requested that the business remove the AAA from its consumer arbitration agreements so that there would be no confusion to the public. Accordingly, we have administratively closed our file and will refund any payment received by the filing party."..... so....I had read what you guys said before,( earlier if that makes sense) Fist Hard Cheese said, Therefore, you do the MTC all over again. This time, you get the card agreement for the correct year and get a notarized affidavit testifying that it is the correct agreement. As norm said, combine this with a copy of the AAA welcome letter with your case number on it and the State court should grant your MTC. Norm in Georgia said....Anyway, if you go into State Court with a MTC, a AAA case number, and proof you paid AAA the filing fee, you would be in pretty good shape. Ok, since AAA isn't dealing with Portfolio or Midland anymore....what can I do? what is my argument? This PDF file did have a case number back in Feb, but that isn't on the website anymore, and of course I have filed again and now it just says it's under review now (If you are wondering , when they sent the refund back to me, that's all I got, what looked like an invoice of sorts, with the check, but NOTHING noting why. I know, I should have called them, I just got caught up in the timing with getting a court date, the continuance that wasn't....I thought those were the reasons for the check coming back to me, or some weird legal trick) IF I don't get another confirmation letter (I do as I said above have a case number for this case, but that's just a formality really) can I still bring a MTC with notarized affidavit of the agreement, do you think I can even get them to grant a MTC, since...it looks like I can't really get arbitration I am allowed to have? I can't go to another Arb company since there isn't another one mentioned in the contract, correct? So confused (More so than usual) Thanks again
  5. I have been scrolling up thru posts (instead of from the beginning so I don't get too bogged down in info that doesn't apply to State Court) I recalled reading elsewhere...bookmarkeed it...here is the quote..."Magistrate Court in GA does not allow the filing of motions in advance" I didn't recall/remember that I needed to file a MTC in advance in state court. my bad. Just go to the Court Clerk and file? Can I use the same form I used before, or do I need to make any changes for State Court? You mentioned Midland in relation to AAA not dealing with them anymore, but I am dealing with PRC. More likely since I jumped the gun on filing with AAA (as I wanted to do it while I had the money for Arb,and court costs) and there was no MTC filed with court, the reason they refunded me I guess? Thanks....
  6. What I meant to say was I got a refund back from AAA, no explanation was given for it. I just looked at the date and it's right after the court date was assigned, not sure what C&W could have said to them to get them to clear the case. I looked for emails from AAA, and I only show the one after I paid and was given a case number (that no longer shows on their system)
  7. Wow just...wow... I filed an appeal to state court....last year....took well more than 2 months to get a court date, for a month later, then...I got a letter from the lawyers....they had filed a motion for continuance 6 months...checking on the state court site, (before and after getting a court date) I have never seen my name on the court calendar (kept checking since it took so long to get a court date I was worried that perhaps I had one, but the documents were lost in the mail) so I did the stupid thing....assumed there was a continuance. But, some voice in the back of my head said, hey, go to the clerk and make sure (you can't call, it just isn't possible here) Well, they showed it had been filed, but it didn't look like it had been granted....they gave me a person to call, and I will tomorrow to make absolutely sure...thing is...I jumped the gun a bit on filing for Arb, since I had the money. Got that check back in the mail after I got the letter from the lawyers claiming there was an order for Continuance (it looks like to a dope like myself that it was C&W's copy of what they got back from the court, and they just sent it on to me, and I was just waiting for the court to also send it) It sayts, the Court, having considered the plaintiffs motion for continuance, hearby orders the above styled case to continued from the ______ trial calendar. The parties have six months from the docketing of this appeal in the court to conduct discovery of course I missed it was prepared by someone at C&W at the bottom of the page, but sure looks like something from the court....like I said, and you know from above, I am a gullible dope,...I just assumed they got the 6 months hoping that I would forget that far out.... my head is spinning right now...I have a court date not, 6 months from now, but quite shortly (I was a bit paranoid and didn't post here right away in case they check, which I am sure they do, but didn't want to make it easy on them....) So, if you were smarter than I clearly am, what would you do IF I find about what I assume I will tomorrow that they were not granted a continuance? (And is it silly of me to think that the court would at least inform me one way or the other about this filing for a Continuance?)
  8. I did hear back from that lawyer, talked to me for quite a bit of time, but doesn't deal with Arb issues...he said technically I do have 30 business days, which would give me til next Monday) but I still don't want to put this off any longer than I already have. (Damn, no way to UNquote?) anyway, Thanks I again know so little about the process of appealing, I just assumed you went to the higher court... If I file an appeal later today or Thurs...not to sound stupid, but do I still have to notify Cooling and winter Additionally within this 30 day window, or will the court sending a copy be enough for now? actually, re-reading I see you said so, I need to mail that out again, anything else I am forgetting?
  9. Like a bad penny, I am showing up again, asking for more advice....between illness, and trying to decide if I once again wanted the hassles/intense stress of going to court (My anemic checking account makes that answer for me) I am going to try to appeal....been doing some research,(contacted one lawyer, emailed a few times, , he wasn't scared off by my failure in court, but after he asked what the amount was, I haven't heard back from him) but time is close to running out. Had 30 days to file, and really it's only 29 as the 10th is a Saturday....I was wondering, Is the best form for filing for State court appeal???? Or is there something better to use? I see nothing on their website, which seems odd to me....unless I am missing something... http://www.claytoncountyga.gov/courts/clerk-of-state-court/court-forms.aspx https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjthcnJo9_QAhVB5yYKHR31CQIQFggaMAA&url=http%3A%2F%2Fwww.gaappeals.us%2Fcguide%2Fcitizens_guide_2012.pdf&usg=AFQjCNHH7YjqeYbo7uG3ISNQRr2Tul0jGQ&sig2=U_lHpwgjoBCdyO3o1FPpeQ&bvm=bv.139782543,d.eWE&cad=rja FORM 1 - NOTICE OF APPEAL (CIVIL or CRIMINAL CASE) NOTICE OF APPEAL IN THE ___________ (SUPERIOR, STATE, ETC.) COURT OF _______________________ COUNTY STATE OF GEORGIA PLAINTIFF * CASE NUMBER ___________________ * ______________________ vs. * DEFENDANT ___________________ * NOTICE OF APPEAL Notice is given that ___________________________________ (Plaintiff/Defendant) in the above matter hereby appeals to the Court of Appeals of Georgia from the judgment of the trial court entered on the _____ day of __________________, _______. The clerk shall ____________________________ (omit nothing from the record on appeal/will omit from the record on appeal the following: _________________________________________________________.) A transcript of evidence and proceedings ________(will/ will not) be filed for inclusion in the record on appeal. The Court of Appeals, rather than the Supreme Court, has jurisdiction of this appeal because the issue involved is _________________ and appeals of such cases are not reserved to the Supreme Court of Georgia pursuant to Article VI, Section VI, Paragraphs II and III of the Constitution of the State of Georgia. CERTIFICATE OF SERVICE I certify that I have this day served _______________________ (opposing party or attorney) with a copy of this Notice of Appeal by ________________ (hand delivery/mailing a copy first class mail postage prepaid) to him/her at: ________________________________________(complete address of party served). This the ________day of _________________, _______. ___________________________________________(Sign your name.) well, a wasp has somehow, someway made it's way in from the cold into my home, so I will leave other questions for later.... Thanks!
  10. So, now in theory, I know better....PRC isn't folding as in the past. No doubt they weren't making as much as before because of the good advice on forums like this one. I was thinking I was basically home free. I wasn't ....NorminGeorgia said.... This sounds good to me...I haven't had a chance to contact AAA yet. Since I won't be (hopefully) caught off guard like I was the 2nd time, does State Court seem like I a good idea? have folks here had good luck after losing in Magistrate? Thanks....
  11. Fisthardcheese, I did take your advice,(A much of it was very helpful, the form in particular, thanks again) PRC told the judge they wanted a continuance, to make me file arb in 30 days. I did talk to them in the hallway, the 1st time, as I mentioned before, and in the post just above , before going into the courtroom. I held firm in front of the judge with the lawyer talking about how I would have to pay arb fees, I said I know, $200 dollars. I was talking about the 2nd time when the judge said we could talk in the hall, or go to trial. I was trying to find out what they might offer as I didn't even know what court costs would be with a trial, and the PRC guy offered, pay in full. So I felt I truly had nothing to lose at this point (save court fees) as they were going to get $1200 if I "settled" with them in the hallway, the 2nd time out.... I sure didn't know they would call into question the cc agreement,(and that the PDF file had no website markings, ) as I thought since I had sent it to AAA, them, and given a copy to the judge, I was fine there as well. And of course the lawyer went on bloviating forever, with facts and just bs, so I was trying to react to what he was saying, how to defend that, which was of course what these lawyers do, got my mind sidetracked, I'm clearly no lawyer...I see you mentioned getting notarized affidavit for the agreement, awhile back, I missed that point. I was looking in other directions, at that point. I screwed up. But, if I hadn't been cheap, and paid for AAA up front, they wouldn't have had a leg to stand on in court, would they?
  12. First off, I want to thank everyone for their advice....and hope this can be a lesson to anyone who has to deal with PRC, or the others, as clearly their tactics have changed of late. Yes, I did make mistakes. I tried to be prepared, but this is a subject I knew NOTHING about, til 2 months ago. As is the case with most people that first show up here. I cannot tell you how many posts I read here,(some that were more pages than this, one and stupidly, one's from other states, just to see what the outcome was) and on other forums. Law/lawyer sites. I've been out of school for decades, forced memorization of info is not a forte. Others here, being helpful, have their cases to recall , and have replied on dozens if not hundreds of threads, know these facts well, I didn't. I read them, printed them out, then forgot them. I had 2 files filled with paperwork, much of which didn't apply to anything I needed to know, it now turns out. I had a very good day the first time I was in court, based on the advice I was given here, the lawyer didn't expect me to mention arbitration for some reason, but a "trick" he used that no one mentioned(Not blaming people , people cannot know all possibilities, can they? ) was talking to me BEFORE going into the courtroom. I REALLY wish I had ignored him, as it gave him time to think, text for advice. IF I had just been busy on my phone and didn't hear my name being called, he would have less time to react in the courtroom, to ask for a continuance. Water under the bridge. I was more lax this time, because I thought the mere fact I had filed arb, and showed up in court was going to make them give up. it didn't . Looking back at older posts, Clydesmom was absolutely right, she had mentioned immediate Trial, I just didn't remember that fact. And, I didn't think it was likely, since I thought since I filed arb, and had shown up, it was highly unlikely they would put up a fight at this point, for a small case like mine, I was wrong. Again, my fault, sure...people did tell me though that I was very likely to win, just fighting in the first place.... .... They did ask for and get a continuance, which I don’t recall anyone mentioning, as far as I see, until after the fact, and that’s all the opening they needed, as it turns out. Again, just mentioning.
  13. It's "funny" there was no offer in the hallway, pay in full he said....Judge said if there was no agreement, a trial would be today, so I feel I had a trial thrust upon me, when I had no idea it was even a possibility that day. Couldn't get a continuance. Since I was not aware that the year of the cc agreement was pertinent, should i try to close the agreement with AAA , and start a new one, or try to amend that one? Something weird, the CC agreements on cfpb do not show any for 2015, so would have to contact the original credit card company it appears. OH, does anyone know how long do I have to appeal???? (EDIT, found the info, 30 days)
  14. Well, I think I found the info, $215 to go to state court. Man....oh, another question, he said the arb agreement could not be from 2016, but the year the card was charged off. Aren't they supposed to be beholden to the latest c.c. agreement?
  15. @NormInGeorgia Thanks, that makes me feel a bit better. Any idea what it might cost, State Court? So what you are saying is even though the Magistrate judge said I waived the Arb rights, I would still be able to claim them? that's good. Wonder if portfolio, or Cooling and Winter, has been checking here? Certainly possible. I just checked, and while I got no additional emails, on the website, they just say incomplete filing. Man, I wish I had thought to check there, or they had emailed me. I can pay for that.....I know I have other questions, but my brain is still mush right now....