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.