South Carolina Girl

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  1. Hi @fisthardcheese I went to court today and had my cased dismissed without prejudice. The attorney attempted to confuse me but it didn't work. I present him with papers to compel a motion to arbitrate, he asked me why I wanted to arbitrate and I told him that "I deny Portfolio Recoveries owning an account of mine". He then states "even though we have the paper work to prove we purchased it". I told him that I still deny PRA owning an account of mine. At this point he proceeds to review my credit card agreement. He kept asking me for the date of the agreement, which I wasn't familiar with but later found it on the last page...it was dated 11/11. Now this is where he "attempted" to confuse me...he stated that my account had been opened in 2001 and that my agreement has a date of 11/11. I looked at him and asked what did that have to do with anything...like I'm trying to understand the rationale behind that or what he was trying to pull because he repeated that statement a couple of time. I then told him that I don't agree with opening a card from the year 2001 (I was in college and didn't have the money to pay for a credit card). Once I stated that I disagreed with the 2001 date he said that he would dismiss the case today and review my arbitration information. He said that if he doesn't find a newer version I'll be contacted for arbitration otherwise he'll refile the claim. I asked him how long would this process be he said about 60 - 90 days. What are your thoughts?
  2. Thank you @Clydesmom! One more question: When do I reference "with or without prejudice". I understood that stating that term means the bad debt collector can not attempr to sue you in the future on that particular account. Also, do I have the correct form for Motion to Compel? Thank you
  3. Hi @fisthardcheese and @Clydesmom my court date is next Monday July 17th. I found an example of the Motion to Compel Arbitration form, please see the attached form and advised if this is the correct form. Also, do I need to fill out the section highlighted in yellow? (I'm aware that I need to complete my name and address) Just to make sure I have my ducks in a row, I should file a "Motion to Compel Arbitration with Prejudice", is that correct? Also, if my case becomes dismissed what happens to this account on my credit report? It's currently listed as "in collections"; will PRA update my report based on the outcome of court, since they were the ones to place me in collections. Thanks again for all of your help! MTC EXAMPLE_2017.docx
  4. Hi @Toosweet1 would you please start your own thread. My case has not happened and I still have questions regarding my case and the things that I have addressed and attached to this thread. Thank you!
  5. Hi @fisthardcheese I called yesterday and my court date is set for Monday July 17 at 9am. Thank you for advising me to call, I still have not received my letter even though they said they mailed it.
  6. Thank you @fisthardcheese, I'll be sure to call tomorrow morning. The young lady that took my answer said they can take between 30-90 days to schedule a court date. I hope it doesn't take that long but I'll be sure to contact them weekly.
  7. Thank you @fisthardcheese, I read all the threads you sent and what was confusing me is the word "arbitration". @Clydesmom said that I don't want to arbitrate because I'll lose but the threads you sent me spoke of motion to compel arbitrate...the terminology was confusing to me that's why I was unsure of what to do. I truly appreciate both of you helping me and providing your insight, I'm a novice to law procedures so all of this at one time can be overwhelming. The entry on my credit report does match the amount they are suing me for.
  8. @Clydesmom, I'm confused. So once I submit my letter to the court and receive my court date should I NOT request a motion to compel arbitration? I don't want to lose and I don't feel that I owe them this debt as I don't have a contract with PRA as I've seen other state in various threads. I've been reading so much information regarding MTC that I am utterly confused on what my next steps should be once I go to court. Does the dismissal with prejudice go hand in hand or is that something that can be request separately? Thanks!!
  9. Thank you @Clydesmom and @fisthardcheese for responding so quickly and providing me with great information! I realized that I didn't answer the question regarding my lawsuit so I'm posting them below. Also, are there different types of MTC; I've seen some threads that reference MTC and MTC Private/Contractual arbitration. I've also located and attached a copy of the credit card agreement. I've read over the arbitration piece but I need some clarity. I'm not sure if arbitration with this credit card will work in my favor or against me. Thanks Again!! 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC assignee of World Financial Network Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Not sure of the firm but attorney is Tracy H. Reese; I've seen her name in threads. I know where her office is located 3. How much are you being sued for? $1653.19, plus $101.50 4. Who is the original creditor? (if not the Plaintiff) World Financial Network Bank/ Comenity Bank/ New York & Company 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person on 5/13/2017 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Paper/mail 9. What state and county do you live in? Cobb County, Georgia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe 05/03/2013 11. What is the SOL on the debt? To find out: 6 Years Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served 5/13/2017 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, I was using a group called Lexington Law to clean up my credit and they sent letters on my behalf asking for validation of the debt because it was placed in Collections on my credit report. (This part concerns me because I became aware of something on my credit but I DID NOT/ DO NOT agree with whom the debt is with which is why Lexington Law requested validation) 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days to respond The charges are: The Defendant opened and incurred charges under credit account WORLD FINANCIAL NETWORK BANK/ COMENITY BANK/ NEW YORK & COMPANY account number **********0197. All rights and title to the Defendant's account were assigned to Portfolio Recovery Associates, LLC. Despite numerous and repeated request for repayment on the account, the account still remains delinquent. After any and all payments and credits, the current balance due and owing is $1,653.19 of which the Plaintiff seeks to recover from the Defendant. No, I didn't receive an interrogatory regarding the lawsuit Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent an Affidavit from the Custodian of Records, Exhibit A , the bill of sale and Exhibit B, the charge off statement. I've attached those for your review. They also sent instruction if case goes to trial and an Affidavit for Service members, which I am not 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits NY& Company Credit Card Agreement.pdf Affidavit.pdf EXHIBIT A from packet.pdf EXHIBIT B from packet.pdf
  10. Hello, I've been back and forth on this forum reading threads from BerryGin and I believe Hockeyguy (I know that's not totally correct) regarding their lawsuit with Portfolio Recoveries. I had a credit card with World Financial Network Bank/Comenity Bank/ New York & Company which was charged off but then purchased by PRA. I was served late Saturday night on May 13th. I haven't submitted my letters to the magistrate court as of yet because I am unsure of what to write and the proper format. I intend on fighting this lawsuit regarding these charges but wanted some insight as I haven't seen any post related to Cobb County. I also had a question regarding their "validation of the debt". Prior to being served I was working with a group called Lexington Law to clean up my credit and help me remove items from my credit report. Lexington Law reached out to PRA asking them to validate the "debt" I had with them. I've attached what was sent back as well as what was including in the packet when I was served. Will the information from Lexington Law benefit me with this lawsuit? Please Help! Thank you, South Carolina Girl EXHIBIT B from packet.pdf PRA Letter.pdf