Impress

You will want to start your own thread to get answers specific to your case. I'm no expert but I think you can do a general denial. File your MTC for arbitration, and then do a separate answer to their requests that states something about arbitration. There should be examples of this on the board. If you answer their Discovery, you most likely will waive the right to arbitration (depending on your agreement).

Sadly post 2012 so will have to go traditional. Got it. I really hope they are lazy for my mom's sake. She really doesn't want to deal with this right now (who does), so fingers crossed they make it easier on her by not showing up. Thanks for your answers.

Hi Everyone, Hope everyone is doing ok in these interesting times. I have a quick question about defending a lawsuit. My mom was served on an old Cap One account, a bit over 4k, nothing was attached to the petition. They are suing her over Breach of Contract and Account Stated. I have been sued by PRA but only for account stated. Is defending against both any different? What I mean is, do we approach the same as before? File general denial, file request for discovery, etc? Thanks FYI law firm is Rausch Sturm

Congrats!

Good luck. If your trial is tomorrow, see what you can do about a continuance. I'm not sure of the rules, contact your court to see.

What you need to do is make them prove they own the debt. My (very limited) experience says they may have a stack of paperwork * , but that's not what they will bring to court. You need to see what evidence they have against you by doing discovery. So you will need to file a motion to conduct discovery. If you have trial date coming up fairly soon, you will need to ask for a continuance so you can properly defend yourself. Others on this board have mentioned the law firm here is lazy so that could play in your favor. * Did they give you a copy of the stack of paperwork? If nothing else, you are buying more time before they get a judgement on you. Even if you lose initially, there are other avenues, like appeal, that will drag out the time before they can start collecting from you.

Would you send the letter asking for mutual walk away now, or wait to file?

I wonder if you can use prior material breach of agreement as an affirmative defense?

Still trying to figure out what rule/law that is (the 30 days). But as OP states she/he didn't have anything attached so... @Monolithic Cheesecake are you looking to fight this?

Did they give you a copy of paperwork? I had a case with PRA (not rep'd by Rausch), but they included affidavit, bill of sale, and cc statement with the complaint. Judge ruled against me even though I raised objections because he said I had to object 30 days prior to court. Challenging that btw. I mention this because you say they didn't include with your original complaint so you might be able to raise objections. A lot depends on what the paperwork is and what it says. Just because they have a stack of paper doesn't mean they actually have the right to sue. Well I should say proof of right to sue.

*crosses fingers* Good luck!

Some JDB's have a hardship program in place, but I don't know if PRA is one of them. As far as I know, in terms of judgements, the judge doesn't take into consideration whether you can pay, only if you are legally required to do so. Don't forget to read the Arbitration thread here...https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

As the updated title says, found out today I lost my case. According to the judge the affidavit had to be challenged 30 days prior to trial. I still plan on filing an appeal. Now to research how to do so.

FYI here's what Jams says about fees (from their minimum standards of procedural fairness) With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. All other costs must be borne by the company, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. When the company is the claiming party initiating an arbitration against the consumer, the company will be required to pay all costs associated with the arbitration.

So I have court on Monday. I'm fairly confident in my argument regarding the affidavit and the bill of sale. However, I'm not 100% sure about how to argue against the letter from OC saying they sold account to PRA. I'm thinking if I am able to get the affidavit tossed I can argue hearsay with regards to the letter. If anyone has any other argument, I would appreciate any advice.