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Everything posted by ahauntingpast0323

  1. Hi Just got back from my hearing and have some grim news. The judge ruled in favor of the Plaintiff and now I have to pay in full along with " future interest at the rate allowed by law, and future cost along with court cost" I followed the advice given her by everyone who posted and am thankful that I was at least able to put up a semblance of a fight. I'll go through step by step as followed: - I met with the JDB and told her that I'm going to go with arbitration and handed her my MTC. - We go through roll call and I present my case to the judge. I give him my MTC and state I have no clue who PRA is and that I would like to exercise my right through the card agreement's arbitration clause. - The Plaintiff reiterates her case that the debt is valid and all of the rights have been transferred to PRA . - The judge allows for us to settle once more outside of the court this time through a mediator. - I stick to my guns and say I would like to go the route of arbitration. - We head back into the courtroom and the Judge tells me that he has denied my MTC in favor of the Plaintiff. - I'm at a lost for words. - He asks if I have anymore words and I reply " I still do not believe that I have been provided sufficient evidence that I owe any debt to PRA and would kindly ask for you to take another look at my MTC". - He replies "Well, I've denied your MTC" and goes on to ask me if I was aware of how debt gets bought. I reply that I was not aware that debt could be transferred. He then asks if I knew what arbitration was and I replied "yes". - After a few minutes, he finalizes the case and dismisses us. Now I have to pay up and I believe that my wages will now be garnished upwards of 25% along with the court fees. This really sucks... If anyone can learn from this or have questions to see where I may have gone wrong please feel free to ask me. I don't want anyone to go through what I went through today and hope that maybe these posts can help anyone who is going to be going through this hellhole of a process. Once again thanks to everyone who provided advice. Even though it did not end up the way I wanted.
  2. - So even If I denied all claims the Cardholder Agreement that the JDB is still valid to use? - So just to make sure. I'm not going to need an affidavit because I've omitted my Cardholder's Agreement and will be using the JDE's as my evidence? Thanks for the quick reply @fisthardcheese
  3. - You all have been of tremendous help. Thank you all so much seriously! - I'm still waiting for my hearing date but until then I have a draft of my Motion to Compel to Arbitration and would like for anyone and all to review it. I'm open to constructive criticism on the draft and willing to make changes if it makes an improvement. - Considering my Original Cardholder's Agreement. The first time I missed a payment and the card went into default was of 2012 and the agreement is still under GE Capital. So why have the JDE used a Exhibit 3 (Synchrony Cardholders Agreement) as an example? Will this confuse the judge and mess up the case? Will the JDE say that I'm providing false information in conjunction with what was exhibited in their claims forms? Thanks for taking the time to look. Really appreciate everyone who as contributed.
  4. Hey all, - Been gone for a bit doing some reading on this site and trying to gain a bit more knowledge of the situation that I'm in. - I filed my answers this past Monday (23rd of April) and am currently waiting on the mail that'll notify me of my hearing date. On my answer, I denied all claims with the exception of the first one which listed my address and the county I'm eligible to be served in. I have a question about the answer that I filed. By denying all claims other than the first one, does my option to Motion to Compel get thrown out due to denying the debt in the first place or is that path still a viable one for me to go down? Since I denied ever owing to the debt does the card agreement become void? Which in return nulls the arbitration clause in the card agreement? If so I'm screwed... - Also, having read fisthardcheese's post about arbitration I couldn't help but notice that it was advised to mention in the answer that I was going to go the route of arbitration by stating “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. under (Affirmative Defense) But I did not do so, seeing as I did not want to misword anything and be left further in the rabbit's hole. - At this point, I am still gathering more information and going to write my MTC in the event that that path is still viable. If not, then I guess I'm gonna have to face the cold hard feeling of paying out of pocket to these JDB's. Will providing the original cardholder's agreement help in giving proof that this debt was owed to the Original creditor, not the new buyers? I found the original agreement for 2012. Thing is, it's not listed as Synchrony Bank/Amazon but as GE Capital and both are similar especially in regards to the Arbitration clause. This is confusing. I have the copy of the card agreement listed below for reference: - 2012 Q1 GE Capital Amazon If you take a look at Exhibit 3 - The Credit Card Agreement that was attached to my first post, it clearly is an Amazon card but it's under Synchrony. What gives? Does this work in my favor? -When my MTC is done. My plan is to take 3 copies with me to the hearing and give one to the judge and one the JDB. I'll use my MTC as a means to take the case outside of the court due to the Arbitration clause in the original card agreement document. Is this the correct way to do it? What happens if my MTC gets denied? Will I end up in further trouble? One last note. Is it a motion to compel or motion to compel arbitration? Or are these two terms the same thing? - Thanks for taking the time to look and any help or advice is greatly appreciated you've all been a great help and a pool of knowledge making this process less stressful (still stressful though hehe).
  5. - I was not served in person a family member of mine was. I'm going to assume it was on the 21st just to be on the safe side but there are two dates listed on the first page of the packet that I've included in the post. - The pages following the Bill of Sale lists my name and address along with the amount owed and accrued interest. Other than that, everything else I'm not 100% sure. The listed account number are all the same with the other exhibits, but the thing is it only lists the last four digits of the account number and the first 6 or 7 numbers are blanked out similar to the other exhibits referring to the account number as ******* or just as a blank black box. Why not list the full account number? Are they withholding that information for when I fight back the case as proof that they did buy the debt? - So filing for JAMS and paying for half of the debt would be the best option? Thank for taking the time to help.
  6. They are suing in the correct court. I moved not too far away from home and live in the same county so unfortunately filing a motion to dismiss for lack of jurisdiction is not an option. Arbitration seems like the best route vs going ahead and just paying for the debt. What I'm unsure of is how long the process would take to get done otherwise. If I chose to go with Arbitration should I go ahead a file a deny of all claims from the plaintiff? I want to make sure so that if I do go that route I don't make any irreversible mistakes. Thanks for taking the time to look and respond.
  7. Background Moved out on my own about two years back. I had assumed all of my important mail was forwarded to my new address. To my shock, after a visit to my old residence, a member of my family hands me a packet of papers informing me that I'm being sued. This totally sucks... I'm lost and unsure of what steps I need to take to ensure I can resolve this. I've never been sued before so this a bit daunting to me. I have been reading a few forums on here and while it has been helpful I must say the information overload is very real and overwhelming. If anyone one has any advice on how I can proceed with putting this behind me my ears and mind are open. Additional Information 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.) - Cooling & Winters, LLC / Cooling and Winters LLC 3. How much are you being sued for? - $1,200 4. Who is the original creditor? (if not the Plaintiff) - Synchrony Bank / Amazon.com 5. How do you know you are being sued? (You were served, right?) - I received papers from a family member. 6. How were you served? (Mail, In person, Notice on door) - A family member was served and I received the papers from them. 7. Was the service legal as required by your state? - Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None, as far as I know, I had no idea who they were until I did a little bit of googling (more information below) 9. What state and county do you live in? - Georgia, Habersham County 10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations) - 2012-2014 11. When did you open the account (looking to establish what card agreement may be applicable)? - 04/ 11 /2012 12. What is the SOL on the debt? - 6 years 13. 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). - I was unable to find my case online but it says Suit on Account on paper. I've attached scans of the papers I received below blanking out personal information. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No I have not disputed the debt with the credit bureaus both the original and current collectors. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). - No I have not requested debt validation. 16. 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? - I was given 30 days to respond. I’m unsure if it’s from the 21st of March or the 23rd. I will include a scanned copy of the paperwork that I received but I’m going to assume the 21st since to be on the safe side. Also, there is an affidavit dated much earlier on the 9th of March would that actually be the deadline? If so I’m totally screwed… I am unsure if I received an interrogatory. What would that be? The “Charges” are: The Plaintiff says the defendant is indebted to the plaintiff as follows: Default on Account. That said claim is in the amount of: SEE ATTACHED COMPLAINT ( Complaint ) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - The Evidence I was sent are as listed: - An Affidavit - A Statement of Claim - Exhibit 1 A Statement from 11/15/2012. - Exhibit 2 A Statement from 05/15/2012. - Exhibit 3 The Credit Card Agreement. - Exhibit 4 A Bill of Sale between Synchrony and PRA. - And for Reference the first page out of all the others in the packet with the serving date being 03/21/2018 0r 03/23/2018, but I'm going to assume the 21st. ( Serving ) My Questions 1. What actions should I begin to take? I have not filed an answer in fear that I may end up doing something wrong that is irreversible. 2. Please, If you anyone can point me to other threads with a similar situation as mine that can give me some kind of guideline on how I should go about this I'd greatly appreciate. 3. Would it be best for me to just go ahead and pay this off if I currently have the money or would I be better off fighting the case? 4. Is this just a hopeless effort in a losing battle? I'm totally drained. I really am kinda lost right now. If anyone's got any actionable advice I'm all ears. Thank you for taking a look. If any more information is needed on my side to help in understanding my situation please let me know. I work the graveyard shift but will do my best to respond as promptly as possible. Once again thanks for taking a look.
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