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mkb1 last won the day on March 16 2018

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  1. Thanks for the clarification. I could find plenty of advice on how and when a debt collector could contact an individual, but nothing about a debt collector contacting an individual representing himself or herself.
  2. So no recourse for the multiple phone calls at this point in the case?
  3. Another update: Bench trial is still on for next month. I have been receiving regular phone calls lately from unknown toll-free numbers. Whoever was calling never left a voice mail. The calls come on various days of the week, including Sundays. I started to notice some common numbers that kept calling, and I finally Googled a couple of the numbers. Surprise! Portfolio Recovery Associates has called me repeatedly in the last month, including on Sundays. Here’s the next question: would it be worth my time to file a CFPB complaint for the phone calls? Repeated phone calls with no v
  4. Update #2: after some back-and-forth, the judge has ordered a bench trial to take place in August. The PRA lawyer left me a voice mail last week. He said that he had some information that I would find “important,” and he left his direct phone number. I’ve never heard of such a thing happening. Do lawyers actually call defendants personally to offer settlements? I’m very hesitant to call back.
  5. Update: I filed my answer, and a motion to dismiss for lack of small claims jurisdiction. The judge ordered a hearing for next month. I’m off to read about what to do next. This will be a first for me.
  6. Thanks for the reply. Yes, I'm being sued in small claims. I still haven't found a cardholder agreement, either. The complaint itself is confusing, because it says "Comes the plaintiff, the Creditor herein, by Counsel, and for a Complaint..." The plaintiff on the cover sheet is PRA. PRA is represented by counsel named in the complaint. PRA bought the debt, according to the bill of sale submitted as evidence. The complaint even says "The original creditor is Capital One Bank (etc.) and Plaintiff is the assignee of the Account." So, which is it? Is PRA presenting themselves
  7. Looking through the forums, it seems that PRA is on a roll this month. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? $6071 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service
  8. Just got word today- the judge issued an order already! No hearing! Here's the exact verbiage: "IT IS HEREBY ORDERED that this proceeding is stayed to allow Defendant opportunity to initiate arbitration. IT IS FURTHER ORDERED that if Defendant does not initiate arbitration within sixty (60) days from the date of entry of this Order, Plaintiff is entitled to file Notice with the Court and this case will be restored to this Court’s active docket " Looks like I'm off to fill out that AAA arbitration form I printed out.
  9. Thanks for taking the time to reply. I got a copy of the actual summons page mailed to me yesterday from the local sheriff's department. This copy had the "Return of Summons of Service" section filled out. After reading through several other topics in this forum, I have decided to file a MTC arbitration, per my card member agreement. That agreement had not been submitted into evidence yet. I will keep everyone posted on the results. Thanks again!
  10. The packet/summons wasn’t mailed. It was just sitting in my mailbox with no envelope. The “Return of Summons of Service” isn’t filled out, either, so I have no idea how long everything was there. I don’t check my mailbox every day. That being said, is that still proper service as the statute is written?
  11. I found a packet of papers in my mailbox 2 days ago, not in an envelope, mixed in with the other mail. It looks like a summons, but every stamp and signature on it is clearly computer generated. The "Return of Service of Summons" at the bottom of the page isn't filled out at all. There appears to be a case number at the top of the page, so my next move is to go online and attempt to find out if this is even real. If this IS a summons that has been filed, I plan to answer the summons. It is my understanding that the summons was NOT served the way it should be in my state. How do I wor