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Everything posted by LookingforInfo2018

  1. @Harry Seaward@fisthardcheese I was granted my MTC! My hearing was Friday. It was much easier than I had anticipated. A lawyer from PRA did actually show up, however he really didn't off up any opposition. They consented to the MTC and then asked the judge for an expiration date on filing with AAA due to "having issues with people doing this and then never filing the paperwork". The judge wasn't interested in doing that at all though, he seemed pretty amused at the whole thing. Thanks for all of your help this far! Should I go ahead and file electronically or wait until I get papers in the mail?
  2. It's not labeled Discovery anywhere. It contains a request for payment before mediation, notice to attend, bill of sales and assignment, affidavit of account by OC, & certificate of conformity. A card agreement, as well as 12 statements, 5 of which show transactions while the other 7 are pre charge off. This image is from the Notice to Attend. Is this an actual legal and possible threat if I'm respectfully denying this is my account and therefore have no way of obtaining any card information? Thank you so much! I haven't gotten any response from PRA as of yet, but there's still time if that's the route they plan on taking.
  3. We waited to see what PRA's next move was. They sent a packet with more of the same type of nonsense paperwork. I filed the MTC today, along with sending all the documents to PRA. I was given an even sooner court date with a Motions judge. Is this normal procedure? I was under the impression they granted/denied without you needing to be present. Should I go ahead and file with AAA now or do I have to wait for the judge to approve it first?
  4. I had no idea, thanks for filling me in on that. Once you initiate, you must pay the fee? I thought some people had begun the process, then held off on paying. But I must've been mistaken. I've sent the answer in, I'm holding off until next week for the rest. It states that they will cover the costs only if it's unrelated to debt collects. No such luck there.
  5. Thank you!! As for the card agreement with your MTC, is it necessary to include the entire 10 page card agreement? Or is just the arbitration section needed? I called the courthouse to double check that I had found the right Notice to Appear online, since PRA chose to 'forget' to include it in their paperwork. The clerk told me that they charge a filing fee of $35. He said you had to pay even to file an Intent to Appear.. This isn't listed anywhere, I'm proceeding assuming he's mistaken. Have you ever heard of this before?
  6. I've had a moment of clarity after doing a lot more research and MTC is really the only way to go about this.. " Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2019, electing arbitration with AAA and requesting dismissal of this case (see Exhibit A, attached). " I know this may be a dumb question, but I can't find anyone explaining this.. What is the letter that should be sent and also attached as an exhibit? Is there a sample of this anywhere? MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2019, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2019, electing arbitration with AAA and requesting dismissal of this case (see Exhibit A, attached). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called “Claims”). (b) If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. (c) Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. (d)The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations. 5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted this day ________________, 2019 (Your name typed), Defendant, pro se
  7. I meant simply that if this ends in a Judgement, bankruptcy would have to be the next step.
  8. I talked to PRA for over an hour today, they won't budge on a settlement and refused to consider any settlement less than 75% of the claim. I've re-read everything. This is not a bluff, and has to be seen all the way through. What if they actually do go through with the MTC. Could be you please give me advice on what I should write as a defense on this form? They did not send anything with signatures, they claimed they sent statements showing credits and debits, but they did not.
  9. Yes, I do understand that. I was just confused why the lawyer would give conflicting information. I'm not sure what he was trying to accomplish.
  10. Thank you both for your help. I've still yet to file anything. I've spoken to two lawyers basically stating it isn't worth their time/my money to represent this. I felt like I was talking to used car salesmen. One's advice was to speak to the JDC to see if they would work out a payment plan and in turn, drop the lawsuit.. Is this even a possible outcome? The problem is my spouse really does not want to appear in court, which is obviously frustrating but understandable. I received conflicting information about Arbitration as well. Is Arbitration the same as magisterial court, in that both parties have to show up. And if not, the present party wins by default? Also, one stated the threat of judgement meaning they can show up to your home and take furniture. He's judgement proof in every way, and currently living with relatives. Would that even be a legal possibility if the home isn't even in your name?
  11. Just to be clear, as it is a bit overwhelming, the form 'Demand for Arbitration' through AAA is not the same as MTC? This is the arbitration clause in the card agreement. Since I am essentially suing them instead, does this mean they are responsible for the costs? Also, I can't seem to find a straight forward answer. I've seen people say they have done it many times, but do you know if it's acceptable to send someone in your place to represent you in court, such as a spouse? And if so, is there something that needs included to state this in the Intent to Appear? Thank you both!
  12. To file an answer, do I do this through the AAA website? The 'Notice of Intention to Appear'. Do I file this also or do I file the MTC first? Or file something else in its place?
  13. Thank you!! How do I proceed with this? I read the link Harry linked, and I'm still confused. I'd really like to avoid all of this and have a dismissal if at all possible, I just have no idea how to do this. I'm afraid to make any phone calls just yet as I don't want to put my foot in my mouth.
  14. Sorry for the delay, I had to wait until Monday to call the clerks office. They have no explanation why the sheriff's office had a different name, but stated the name on the docket is who it's for. Here's a photo of the docket itself. Sorry for the quality, my scanner decided not to work at the most inopportune time.
  15. .There's a stamp for the county court house so I'm assuming that means it's not AAA? .As I said in the first post, I managed to have charges dropped last year is Magisterial Court. Is arbitration that same in that you deny everything? Or are they more prepared? This one did include a last statement, my other one did not. This is what I'm concerned about also, but I'm nervous about making phone calls just yet. How do I know which forum it's in? Sorry, I'm totally new to this. It's father and son's names. Same first and last, different middle initial. The sheriffs paper is to the former and arbitration papers are the latter. It just seems too much of a mistake to be overlooked? Thank you for your response, also!
  16. Is there a way to know which it is? Does arbitration work the same way as a court? As in, they could still possibly pull out if I enter a "Notice of Intention to Appear"? Or will it go all the way regardless? What are the proper steps going in to arbitration? Do I need to file a motion of discovery or is it too late? Another odd thing about all of this is that the cover paper, "Notice of Suit to Sheriff" has the defendants name different than the Arbitration docket. I don't own anything. However, the person on the front does, and also coincidentally recently filed for bankruptcy. Could this possibly be them barking up the wrong tree and thinking they will get something out of this? I'm nervous about calling anyone, but I really am confused by all of this. Is it not wise to call?
  17. Thank you for responding! This is exactly why I am confused. I was under the impression that the only time a case is taken to arbitration was when the consumer (i.e. the card holder in question) takes it there. There was no previous lawsuit, no interaction whatsoever with this company. What exactly is a court sponsored arbitration and could this be one?
  18. I'm not sure what I am supposed to do at this point, and really need some help. I had charges dismissed last year in Magisterial Court after doing research here. However, almost everything states Arbitration as a last ditch effort to get JDC to drop their case. I received a summons 2 days ago from PRA. Rather than being in MC it's already in Arbitration... What are you supposed to do now? I have 20 days to respond with an 'Intent to Appear in Court'. Are there other things I should file along with this in attempt to get them to drop this? I'm really lost as to what to do! MY ANSWERS TO THE STANDARD QUESTIONS: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) listed for Norfolk, VA 3. How much are you being sued for? $4000 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Citi 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) Sheriff 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 9. What state and county do you live in? Pennsylvania 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, but within the last three years 11. What is the SOL on the debt? 4 yrs 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 - I can't seem to find the Arbitration dockets online 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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. No 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? (listed below) I have 20 calendar days to respond. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
  19. I received a summons in the mail for Magisterial court in Pennsylvania. From what I've read, this court only requires a telephone call at least 5 days before your court date to inform them that you will defend yourself, so no need to file an Answer. Lawsuit from JHPDE FINANCE. Original Creditor: Citi Bank. Amount: $3000. They appear to be a new firm, founded in December 2017. I checked the dockets and there are over 100 newly filed suits, 20 more now than there were 2 weeks ago when I first checked. It would appear that these are 'robo-lawsuits' but I am not positive. I have not called to inform them that I will be defending myself. Being that they are relatively new and have no past suits to go by, I'm torn between thinking if I call early it will give them more time to gather information vs calling last minute.. but by doing so, not giving them time to withdraw, if they are inclined to do so. On my summons, the account number is listed as "CAN 2" rather than an actual account number. I have seen others posting and they always have an account number. Is this unusual? I plan to deny the allegations, as I have no proof that this is my debt. I am 100% Judgement Proof, though that cannot be used as a defense, but I obviously do not want a default Judgement filed against me. I don't know what to expect in court and would really like some advice as to what to expect and how to handle the situation. What questions will be asked and the best way to address these questions if I am denying everything. Any help is appreciated!