Dtigers23

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About Dtigers23

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  1. Have upcoming court case with PRA. First was scheduled for pre-trial conference, then they filed for motion for Summary Disposition. I opposed based on things I’ve been told and learned on here which has been very helpful. I also filed motion to compel Arb at the same time, as they came back with a lot more documentation with the Summary Disposition. I’m just more curious what to expect? I’ve read that I shouldn’t answer any questions on validity of debt, and just to rely on my opposition and motion writing as my statements. Is this a good strategy? Any other tips? Or just things to expect from either judge or PRA attorney? Things I absolutely should or should not say? Appreciate any insight!
  2. Thank you guys for all the help. Can someone walk me through how to respond from here. I can’t seem to find any motion to compel arbitratjon paperwork for Michigan. Also, do I need to answer their motion for Summary Disposition in any way separately? Or do I just show up to hearing (originally scheduled as pre-trial, and now they filed the Summary Disposition, both to be heard on same day) and ask for arbitration?
  3. I thought I always had the right to arbitrate per Barclay’s agreement?
  4. Hello all, I received a motion for Summary Disposition in a lawsuit with Portfolio Recovery Associates here in Michigan and need some help with how to respond. I’ll break this down the best I can, if any additional info needed, please let me know. -Served summons in May 2019 for a Barclay card with an amount owed of roughly $2200. Credit limit was only $2000 but $2100 for the debt + interest and late charges accrued and another 100+ for cost (I assume fees to PRA). Summons came with complaint and an affidavit from PRA. -Filed and served my Answer later in May. At the advice of a BK Attorney to buy time while we evaluated our overall situation, I answered and claimed “Lack of Standing”. Thanks to this forum I cited no original contract, no proof of amounts, and no bill of sale. Hearing was scheduled for last week of July. I just received a Motion for Summary Disposition from them. In it, they include the following: -A new affidavit which is signed by and has information from a Barclay representative stating as such along with some details on my account, sale of it etc. (it basically says it was sold in a pool of accounts and that the amount due is correct to her knowledge etc) -A screenshot of what looks like part of my original application. It’s just a one page computer screenshot with my Name, Address, Income, Phone, SSN etc. -Monthly account statements including transactions, payments etc up until charge off date of Sept 2017. I believe last payment date was February 2017. They were surprisingly thorough in this response. They cited the application, statements, case law, breach of contract, stated account etc. Wondering if anyone has any advice for picking holes in it to delay or respond again. I have read a little about arbitration, is this my next move? If so, can someone explain the pros and cons, what a possible outcome looks like etc. There isn’t even a deadline to respond to this either, it just says “Please take notice that plaintiff’s motion for Summary Disposition will be brought on to be heard at the ________ court located at ____________ on 7/26/19. BK7 is likely where we’re going and will qualify due to income changes but need to buy some time and don’t want to be garnished. Can’t file until October.