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crapola's Achievements

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  1. that is correct--they show up in other states--but not for arkansas. As per supreme court law all collection agencies attempting to collect a debt from an arkansas resident must be licensed in the state of arkansas. Unless they are a lawyer collecting a debt on the agencies behalf (they are exempt).
  2. As per your link they are not listed in ar. Unless they are under another name.
  3. UPDATE: spent the night researching more and getting my questions ready for a witness if they decided to bring in alive one or the judge over rules my phone witness objection. court was this morning. The attorney came in and took a head count basically identifying who showed up and told me PRA will dismiss the case with prejudiced. SO that is what happened. now I am going to study on a suit against them. They have reported on my credit report for over a yr. I sent a DV but they did not respond course this was sent after suit filed. In arkansas you must be licensed as a collection agency to collect a debt from an arkansas resident--they are not licensed in arkansas. As per their own website definition of whom they are it says Portfolio Recovery Associates, LLC (PRA, LLC) was founded in 1996 and is one of the nation’s largest debt collectors. PRA, LLC is a subsidiary of PRA Group, Inc.—a publicly traded (Nasdaq: PRAA) company employing close to 4,000 people across the Americas and Europe. i might start a class action on them. I absolutely hate when ppl take advantage of others. I want to thank each and every one of you for your advice and guideness. I will carry this knowledge forward and reach out to help others in my local community do battle with this company.
  4. I called the court 2 weeks ago to see if they have filed anything but the clerk said its just in a sitting state. It has been what 6 months since discovery. Im going to look up how to file a no evidence motion for summary. I have had so much going on that i am revealed these ppl have been on the down low.
  7. So i decided since there was time id send a discovery. Im not sure if they were thinking the same thing or got mine and decided to send one also lol.
  8. UPDATE just got in mail PRA asking clerk to file more documents. an affidavit of authentication with dianna d. williams from norfolk Va. another custodian of records for PRA. stating these 61 pages are records that were kept by citibank na/bestbuy and now have been incorporated into PRA business records in the regular course of business. dated Jan 2017. Along with the same bill of sale and assignment as previously posted. credit card terms- the rest statements in form of 1 page without transactions posted but indicates payments and charges were made. followed but ads from bestbuy.
  9. well i cant afford arburtration hence the whole pro se. i do not think the custodian from VA is going to travel to AR. and i have some cross examine questions to test the witness if that were to come. and if wrose case i lose the only income we have is my husband disability.
  10. Hello again, I need to do something I think with this case but reading this forum again just made my head spin. Lets recap shall we. 1. summoned 8-25-16 / complaint - affidavit - statements 2. answered 9-12-16 3. discovery took place responded to there admissions and interogatories - received by them 9-28-16 4. received letter them asking clerk to file copy of responses to defendats request for admissions 10-26-16. 5. I have had no other contact since then. Below is the contents of the letter. Answers 1. admit that plaintiff purchases delaulted debts as a regular course of business. objection. irrelevant and not material to the matter here at hand. 2. admit that plaintiff is not the original creditor of the alleged debt which is the subject of this lawsuit. admit 3. admit the plaintiff is not an affiliate or subsidiary of credit one bank. admit 4.admit that the plaintiff does not now or has ever originated records for credit one bank that would be maintained by that comapny in their regular course of business. admits that plaintiff does not orginiate said records, but plaintiff is familiar how those records are kept and can testify as to how they are kept by the orginial creditor, credit one bank 5. admit the plaintiff does not calculate or maintain records for the benefit of credit one bank. objection plaintiff is familiar with the records and can testify. 6. admit the plaintiff does not have an application for an extention of credit from the defendant. objection the elements of a contract do not require a writing as in the form of an application. the arkansas supreme court stated that the elements are as follows: 1. competent parties 2. subject matter 3. legal consideration 4. mutual agreement 5. mutual obligations (ref. cases) in this case the use of the credit card forms the contract. Signed charge slips are not necessary in order to support its claim. 7. same as 6 adding with a signture from defendant see number 6 8. same as 6 adding with a written signture from defendant see number 6 9. same as 6 adding with a digital signture from defendant see number 6 10. admit the plaintiff does not have access to all of the records created and maintained by credit one bank that pertain to the alleged account that is the subject of this lawsuit see number 6 11. admit that the plaintiff has submitted all documentation in plaintiffs possession related to the alleged debt which is the subject of this lawsuit denied
  11. Good Morning Defendants lol, I walked into the court today and found there were two cases on the docit with PRA. A Representative here for PRA spoke to another man about his case and continued his for 30days. I was dreading another continence of mine. The Representative then ask to speek to me out in the hall, he introduced himself and asked if I would be interested in settling? I told him no, that I was not settling a debt I do not owe. He said then your ok with continuing with trial? I replied yes. He jumped on his phone within ear shot and started trying to find a witness. He told the other party if he cant get one he would have to call my name as a witness. He finally came back into the court room, the Judge enters and continues the other guys case. Move onto me and ask to step outside to make a phone call. 20-30 mins later he returns. He ask we continue the case because he has not been able to reach the witness. Judge looks at me and I ask the Judge to dismiss this case with prejudice, that this is the 3rd time the plaintiff has been unprepared for this hearing. The Judge said no to a dismal and asked me two times if I showed up to every date previous when the plaintiff has not and i answered yes. He asked the Representative if the case can proceed without the witness and he replied well we can do that if youd like to but I really need a witness to continue. The Judge agreed to move the date to May. He also told the rep. that he could let the case drop or refile at a later date. I think PRA will file a motion to dismiss this case now, just wish I could had enforced what all I have learned since the summons. Show them people that everyday moms and dads can defend our rights without a lawyer after all. Anyway now off to see what to do with LVNV
  12. PAGE LAYOUT---- contract ID: PR1BB1EM121914 document ID: 100915PR1BB1EMB1 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated october 21, 2015, is by citibank,NA, a national banking assocation organized under the laws of the united staes, located at 701 east 60th street north, sioux falls sd 57117 (the bank) to portfolio recovery associates llc (buyer) organized under the laws of the state of delaware with its headquarters/principal place of business at 130 corporate boulvard norfolk va 23502. For the value received and subject to the terms and conditions of the purchase and sale agreement dated december 19, 2014 between buyer and the bank (the agreement), the bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to buyer and to buyer's successors and assigns the accounts described in exhibit 1 and the final electronic file. citibank, N.A. By signature Name Printed Title Financial Acct mgr. PRA121914 my red flags---where is the plaintiff signature on here?---was the sale date 10/21/2015 or 12/19/2014? what are those terms and conditions? did these terms grant permission to sue on the account purchased?? where is exhibit 1 and that electronic file? does this even contain an account belonging to me??
  13. affidavit--reference only commonwealth of Virginia city of Norfolk ss. I the undersigned **** **** custodian of records, for portfolio recovery associates, llc hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized EMPLOYEE OF PORTFOLIO RECOVERY ASSOCIATES, LLC (account assignee) which is doing business at riverside commence center 120 corporate boulevard norfolk virginia, and i am authorized to make the statements, representations and averments herein, and do so BASED UPON A REVIEW OF THE BUSINESS RECORDS OF THE ORIGINAL CREDITOR CITIBANK, N.A./BEST BUY and those records transferred to accounts assignee from CITIBANK, N.A (account seller), which have become a part of and have integrated into account assignees business records int he ORDINARY COURSE OF BUSINESS. 3. according to the business records, which are MAINTAINED IN THE ORDINARY COURSE OF BUSINESS, the account, and all proceeds of the account are now owned by the account assignee, all of the account sellers interest in such account having been sold, assigned and transferred by the account seller on 10/21/2015. Further, the account assignee has been assigned all of the account sellers power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the account seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsever. 4. according to the records transferred to the account assignee from account seller, and maintain in the ordinary course of business by the account assignee, there was due and payable from MY NAME (debtor and co-debtor) to the account seller the sum of $1,656.68 with respect to account number ending in **** as of the date of 8/12/2015 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. according to the account records of said account assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, account assignee claims the sum of $1,656.68 as due as of the date of this affidavit. 6. plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the defendant is not on active military service of the united states. signed by custodian--notarized--6/21/2016 According to research this is hearsay as it pertains to rule 803 part 6
  14. Complaint with Answers--for reference only 1. That the Plaintiff is a corporation authorized to bring this action under Ark. Code Ann 4-27-1501 1. defendant specifically denies the allegations contained in paragraph first and request the court to hold plaintiff to strict proof. 2. That the Defendant is a resident of *** County Arkansas. 2. admits 3. Jurisdiction and Venue are proper in this Court. 3. defendant specifically denies the allegations contained in paragraph third and request the court to hold plaintiff to strict proof. 4. The the defendant purchased certain items with extensions of credit obtained on his/her CITIBANK, N.A. / CITIBANK, N.A / BEST BUY account. This account was purchased by, and assigned to the Plaintiff for good and valuable consideration. 4. defendant specifically denies the allegations contained in paragraph fourth. 5.That the amount past due on said account, which has not been paid, and has been owed for a period of time is as follows principle amount, $1,656.68 as set out in Plaintiffs Affidavit which is attached. 5. defendant specifically denies the allegations contained in paragraph fifth and request strict proof of every purschased claimed. 6.That demand has been made for the payment of same , yet the balance remains unpaid. 6. defendant specifically denies the allegations contained in paragraph sixth added affirmative defenses and rights.
  15. Hello friends, it has been sometime since i have been on here. As you know from my last post the PRA case against me was continued and due on Weds. the 15th. I am getting more nervous by the minute. During which time I have not received a discovery. No letter or phone call has been made indicating another continence. I tried last post to upload documents so you could see and understand where I am coming from but that didn't work. So I will type it out and post as a comment. I wish there were audio recordings of live hearings so I could get the feel of the process order. There is nothing like this that happens in my town enough to go sit in on it. I would like to know when to object to the affidavit and how to say it. When it is referred to I say " Objection Hearsay" or "Objection Hearsay as it pertains to Rule 803 part 6"? What words do I use? If the Judge is looking at the paper work and says I see here an affidavit stating...do I object then? can one object a judge. because this kinda seems how it works, your go in and the judge says well I see we have a debt case stating blah blah owes blah blah...that's correct your honor or is it better to say that's incorrect your honor I do not owe PRA anything! OK so im going to now going to get documents typed and posted for reference only---not in legal format just a quick cap. Thank you all for your support.
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