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Everything posted by sugarray

  1. Update: So about a week or 2 after my last post, after the court granted MTC, I received an agreement to dismiss with prejudice from the PRA lawyer, all I had to do was sign it and send it back. Case closed right? Well I did that in early May and the case is still open. I've also resent copies cmrrr a couple weeks ago and still no change. The stipulation to dismiss was not yet signed by them when I signed it and returned it. So i'm thinking they're trying to pull a fast one and make me think the case is closed, so I don't file the arbitration case with JAMS within the 60 days I was given, and I end up losing the case.
  2. Less than $1300. Do I have to pay the filing fee? I think the agreement says they will pay all fees, so I was going to file it and send them a copy letting them know I'm requesting that they pay it. From the CC agreement:
  3. Update: Today I received some mail from the PRA attorney, it appears they have also filed a motion to stay pending arbitration. They sent me a copy of the motion to stay and a copy of an order to stay which gives me 60 days to "perfect the arbitration filing". I checked my case online and it looks like the judge signed the order. I was thinking it was odd that I haven't heard from the court for almost 2 weeks because when I submitted my answer and MTC the clerk said they'd call me within a week to set up a phone conference. I've downloaded the JAMS application and will search the forum here for some tips on filling it out. I do believe I have some legitimate disputes to list, PRA has sent me letters with different charge off amounts on them for this same account to name one. Any thoughts on the best way to proceed are appreciated. Thanks.
  4. After digging myself out of 18 inches of snow I was able to finish and submit all the paperwork on time. I first took the affidavit for the card agreement to a notary and had 2 copies made. Then I went to the clerk of courts and submitted my answer form denying everything and included the Lack of Subject Matter Juristiction affirmative defense. I also gave them a notorized copy of the affidavit, Exhibit A and a copy of the credit card agreement. Finally I submitted MTC arbitration and an Order To Stay the case pending arbitration. The Clerk accepted the MTC and OTS but said they won't be filed until trial. She stamped Filed on the rest of them and also the copies for the Plaintiff which I sent out CRRR. Am I missing anything? The clerk said I'll be contacted in about a week for a phone conference. Can anyone tell me how those normally go, do they try to get you to settle, do they try to get you to admit to the debt, do they try to scare you and tell you if this goes to trial you'll have to pay the full amount plus Attorney fees etc.? Thanks Again Everyone I definately would'nt have been this far without you! Edit: Do I need to take the reciept for the CRRR back to the clerk to show proof of service?
  5. So I've been doing some research into the PRA debt collection cases in my State and looking at the court records of events to possibly get some tips on how others are fighting them if they even contest it at all, which most don't. Well I really haven't found anything more helpful than what I've learned from the fine people of this site. But I did find out that last year PRA filed over 5,000 lawsuits statewide and as I'm typing this a single Attorney has over 900 open cases! I just think that's crazy! That should be illegal. Every case is filed electronically, signed electronically and in almost every case the Attorney never had to show up in court, even if they were required to, they would ask the court if they could appear via phone and were usually allowed to.
  6. Thanks! Quick question, do I need to put the case # on the Motion To Compel or the Affidavit?
  7. That quote is from the next one I get to deal with which is US Bank. The one I'm focused on now is Synchrony
  8. Ok I understand. The fill in blank form I was hoping to find was for a valid affidavit.
  9. Ok I'll keep looking. I was hoping there was a standard form I could just fill in the blanks but I haven't found one yet.
  10. Yeah, I figured they saw the US Bank one and got confused. I'll add them to it.
  11. Wow! Thanks. Should I include those statutes on the motion also? I spoke with the clerk of courts and the way I understand it is that I can file the motion to compel and a sworn affidavit with the CC agreement at the same time I submit my answers but the judge won't do anything with them until a hearing. And first, since I'm contesting the lawsuit they schedule a conference call between all parties to try to come to a settlement.
  12. I will update the Motion to Compel to include those you posted, thank you. I still have the original agreement that came with the card so I'm certain that section it's in there. I had to cut off the bottom and top of those images when I took a screen shot because it wouldn't fit, but they're complete.
  13. Thanks. I'm sure they would file in small claims since it's under the $10,000 limit.
  14. That makes sense, I won't try to settle on this one. I guess I'm just starting to feel a little uncomfortable about being in front of a judge and not completely knowing what I'm doing or how to respond if I'm put on the spot. The other OC is US Bank and they do have an arbitration clause which starts: Arbitration Provision: (a) You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Agreement or the Account and credit issued thereunder (individually and collectively, a "Claim"). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. Does this mean after JDB files to sue it's too late for me to file for arbitration?
  15. Thanks for all the great info everybody. I'll be preparing the answers, MTC and affidavit today. I also plan on talking to the clerk of courts to find out exactly what and when I can file these. I was thinking about sending a final settlement offer to PRA's Attorney as well. Is this a good idea? My hope would be that they would just accept it and dismiss the case with prejudice when they receive my answer to the summons and I can move on to the next one which I just learned was also bought by PRA and I have a feeling will be more difficult.
  16. Thanks for the replies. I'll delete the current defenses and add a new one for lack of jurisdiction, then try to figure out when and how to file a motion for arbitration. I forgot to add the complaint in my last post. Are my answers ok?
  17. Getting sued in Wisconsin by PRA for a Synchrony BP card and just when I thought I had my answer ready to go, I read on here not to include any affirmatve defenses. I've been reading everything I can on how to answer this complaint and most of what I have written has been copy and pasted. Hoping someone can take a look at it and let me know if I should add or delete anything.
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