TroubleinFL

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  1. Any and all criticism/help is appreciated.
  2. Derp...nice catch BV80. I read over my post about 3 times and still missed stuff. Fixed, it's Synchrony Bank. And I do have the arbitration clause in my OC CC agreement.
  3. 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HHL 3. How much are you being sued for? >$2000 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank.. 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 legal as required by your state? FL, Yes. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? DV'ed them. 9. What state and county do you live in? FL 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL. 11. When did you open the account (looking to establish what card agreement may be applicable)? 2017 12. What is the SOL on the debt? To find out: 5 years I believe. Statute of Limitations on Debts 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). No court date established, attorney for PRA has filed Motion for Summary Judgement. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No to either. 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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes. 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? 20 days. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. DV Response included several OC credit card statements as well as a Bill of Sale. Initial Suit Complaint for Account Stated included once OC credit card statement. Motion for Summary Judgement included an affidavit by a PRA employee custodian of records and one OC credit card statement. 18. How did you find out about this site? Have posted here before. You helped me tremendously on my first PRA suit with a different card and I am very appreciative of that. This is a different card/suit by a different law firm. So I received a letter from PRA, I sent them a debt validation letter which was responded to by PRA's law firm. I didn't do any follow up and was served a few months later. The pre-trial conference/mediation occurred a few months ago via zoom and I chose to not settle/admit/deny anything and asked for a court date. I still have no court date at this point, due to COVID, and it has been over 3 months ago now. I received a letter from PRA's law firm that included a MSJ (Motion for Summary Judgement) they have filed and I need to respond. So I've done some searching for "MSJ" and "Summary Judgement" etc. and haven't really found anything that I felt absolutely confident would help me format my response hence my asking for help. So my questions relate to answering their MSJ (Motion for Summary Judgement). Is the MDSJ (Motion to Dismiss Summary Judgement listed here, Motion to Dismiss Summary Judgement still a good template to use? The MSJ include 3 points, 1. There are no genuine issues as to any material fact and Plaintiff is entitled to a Judgment as a matter of law based upon the pleading on file herein. 2. More specifically, Plaintiff would show unto this Court that all of the factual allegations contained in Plaintiffs Complaint are undisputed as a result of the pleadings on file herein. In addition, see Affidavit in Support of Motion for Summary Judgment attached hereto as Exhibit "A". 3. It is respectfully submitted that Plaintiff is entitled to a Summary Judgment. If it appears to the trial court that an asserted claim is without merit under law and nothing could be accomplished by submitting immaterial issues to a jury, then a Summary Judgment should be granted. See Reflex, N.V. vs. Umet Trust, 336 So.2d 473 (Fla. 3d DCA 1976), Connolly vs. Sebco, Inc, 89 So.2d 482 (Fla. 1956), wherein the Court held that mere paper issues will not avoid a Summary Judgment when Plaintiff states a cause of action and Defendant(s) is/are unable to rebut the allegations contained herein. WHEREFORE, Plaintiff respectfully requests that this Court enter a Summary Judgment in its favor and against Defendant(s) xxxxxxx xxxxx in the principal sum of$xxx.xx, and court costs and any other relief which this Court may deem just and proper. If so, I believe their point 1 answered by Template point 1, is this correct? Is their point 2 answered by Template point 5? I'm not sure how to answer their point 3 as in their debt validation response, they provided OC statements and the Bill of sale. Does Template point 8 still apply though since they did not include any of that in their MSJ? If not, is there a more applicable MDSJ template out there that I should be using? Or how should I answer their MSJ 3 points? Thank you so very much` for all of your help.
  4. Just to finalize this, I received PRA's Voluntary Dismissal with Prejudice several weeks ago. I can't thank each of you enough for your help and support. I would not have succeeded without the advice and information provided here and would've been screwed had I gone with some of the information on the internet. Again, my sincere thanks to all of you.
  5. I did as it was all via email so I have it all. That was kind of what I was thinking as well but wasn't sure if I needed to at least go in with a JAMS Case ID in my hand as well. Thanks for the response.
  6. So I did this and lit a fire and they sent me the mutual dismissal of claims with prejudice, I signed it and sent it back but it has not been filed and it has been over a month since I sent it back. I then emailed them about 2 weeks ago and haven't heard back. Am I okay to go ahead and file the JAMS form or do I have no recourse now that I've signed the MDOC? I'm nearing the 6 month deadline the judge established. I thanked you for your previous answer with the Thanks button but thank you again for taking the time to answer my previous question. And thanks in advance.
  7. So, due to health issues/hospitalizations, I've not followed up on this as rapidly as I should've. I have not heard back from PRA after responding to them stating I would agree to a mutual dismissal of claims with prejudice in response to their request. Do I have to give them warning of any kind before filing my JAMS Mediation claim? I didn't file before because I thought they were going to dismiss based on their reaching out to me. Should I email them and give them a deadline for dismissal or just file my JAMS claim? Thank you.
  8. Thank you, didn't know if I should also request them to remove their entries from any/all credit reports as well.
  9. Hey everyone, does anyone have a template response that I can amend for a request from a JDB's attorney asking if I would be willing to settle for a mutual dismissal? I think I read somewhere that I need to request it be dismissed with prejudice but do I also mention removing it from my credit report as well? I'm just not sure how to word the response. As always, I couldn't have gotten through this without all of your help so thank you again.
  10. Thanks Harry, I figured it would be for the other person but wasn't sure if it would also be for me as well. And if I remember correctly, Fist said in his post that I'm not even supposed to mention the debt so I'm guessing I will leave it off the JAMS form.
  11. Thanks Fist and BV. Do I snailmail it to PRA via their attorneys? The reason I ask is b/c the initial arbitration letter to PRA in Norfolk and haven't received the return receipt as of yet and it's been over a month so I'm guessing I had the incorrect mailing address for them. Or do I just email it to their attorneys?
  12. Ahh, okay, Fist mentioned Synchrony Bank in his post hence my confusion as well. So I am asking PRA to pay fees then?
  13. Also, I would be nowhere near this far if it weren't for your help as well as Harry's, BVs, and the rest of the people on here for sure so thank you from the bottom of my heart.