PoorSnuffleupagus

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About PoorSnuffleupagus

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  1. Tomorrow is the 21st day since I received my summons from PRA. I've diligently explored my options and followed a lot of solid advice in my original thread on these forums. I'm about to file my response to the summons tomorrow. I've included the complaints from the Plaintiff: Here are my responses. 1. Affirm 2. Affirm 3. Defendant neither admits nor denies this allegation as Defendant is without sufficient information to form a belief to the truth thereof and leaves Plaintiff to its proofs. 4. Affirm 5. Affirm 6. Defendant neither affirms nor denies this allegation as Defendant is without sufficient information to form a belief to the truth thereof and leaves Plaintiff to its proofs. 7. Defendant never had an account with Plaintiff. (See Exhibit A (Defendants Affidavit)) 8. Defendant admits failure to pay original creditor but denies ever having an account with Plaintiff or owing Plaintiff any money (See Exhibit A (Defendants Affidavit)) Here I've included my affidavit 1. I am a defendant in this lawsuit. 2. I had a personal credit line with Capitol One in which was defaulted. 3. I cannot recall the amount owed to the original creditor after my default. 4. I have never had contact an agreement or account with PRA and to date PRA has not provided me with any information from the original creditor which would evidence PRA now being the owner of the account. 5. At no time did PRA provide any service or goods to me. 6. At no time have I entered into any agreement with PRA regarding owing PRA any funds. Is there anything I'm missing? Something I've overlooked? Done wrong? I've tried my hardest. Spent a lot of time on this. Any input is appreciated.
  2. @Brotherskeeper I’ve affixed everything I received. I’ll be doing a lot tomorrow thanks to you and @Clydesmom ‘s advice. 1.) I’ll contact the attorneys office to attempt to work out a settlement; are there any specifics I should ask for? Removal of the item from my credit account, a reduction in the amount owed, monthly payments, and withdrawal of their petition to the court? Anything I should be VERY cautious in admitting? 2.) I’ll be following the legal aid link for Roscommon and seeing if any help is available to me. 3.) Contacting a consumer attorney. Apparently I have one who’s a friend of a good friend to me that’s from Livonia. So I’ll call him and see if they can be of any help. 4.) I’m going to head to the county clerk tomorrow and validate the case number and see if they can offer or have a form I need to fill out. If not I’ll use the one @Brotherskeeper linked. I figured it wouldn’t hurt to at least go down there and explain I’m not a lawyer and see if they can offer what assistance they can. 5.) I’m looking into a way to identify civil cases like this. Does anyone know of a resource? I tried the appropriate links on Michigan websites but it appears they’re not listed. I could only locate appellate cases pertaining to PRA. It’d be nice to find something like lexusnexus so I can A) Look up who if anyone represented these people and B] what their outcomes were. If need be I guess I could file something with the county clerk. 6.) I’ve got an appointment set up for Thursday with a local attorney who agreed to sit down and chat with me for a few minutes about this particular district and the judge etc. 7.) I’m going to sit down immediately and begin formulating my response. is there anything I’m missing that I should do?
  3. I spent all day Friday contacting lawyers and only found one that was interested in a consult. The consultation was going to cost me $150. I’m pretty frustrated as it’s the weekend and there’s not much I can do. I’m also a festering ball of anxiety at the moment. Just watching the days tick down. I’m at 19 right now. If I have to I’ll go each and every day to the district court the judge presides in and watch him try cases. If I uploaded what they sent would it help those here see the scope of the case? Seriously I really appreciate the help you and @Brotherskeeperare offering me cannot state it enough.
  4. Sued in the wrong venue? No. Figured I was reaching with this. I do live in the county the suit was filed in. As for the affidavit will it help if I upload it? I don’t have it with me right now but can add images. For obvious reasons I can’t acknowledge whether the debt is mine or not. I don’t definitively know. It’s why I was wondering if I could file a motion and order to show cause. I was wondering if they would be forced to attach further evidence. I do have reason to believe they have no such documents and this was purchased en Maddie from capital one. PRA is reporting the trade line. That’s the thing. I’d just disputed it a month or so ago and then this happened. No result on the dispute. I’m wondering if I have them on an FDCPA violation. Isn’t a letter on formal letterhead threatening suit to compel someone to pay a debt a violation? This may sound like a dumb question if they filed in district court can I get the venue changed to civil court? Would there be advantages to this if that was possible? So the information in this thread is no longer viable? I realize statements are one thing but what I was gleaning is that they need testimony. If I compel them to testify and refute testimony via telecommunications and make an argument against it they’re required to bring someone to testify, no?
  5. Thank you for the response I’ve been reading the MCR for the state of Michigan. In my response can I use this as a counter claim? (D) Time for Service of Order to Show Cause. An order to show cause must set the time for service of the order and for the hearing, and may set the time for answer to the complaint or response to the motion on which the order is based. Motions and orders to show cause. It’s my understanding they’d have to prove they have the ability to peruse this case? Or is the affidavit itself sufficient to counter such a motion? I guess I’m looking to force them to reveal their hand a bit. Is that something that could only be done via discovery?
  6. Thank you very much. This will help me out quite a bit, at least getting started. I’ve been reading this thread here: Is standing still a viable option? I realize the thread is old, but it seemed like this is where I’d need to start to build my case. Alright I’ll try to call them and see if they’re open tomorrow. I’m curious, and I’m aware they’ll probably play their hand pretty close to their vest. If I call and try to negotiate a settlement, are there things I can glean from that? For instance if they’re willing to offer me a low % of the balance, is there a tell there? Or if they won’t negotiate with me period and won’t budge and insist on taking this to court does that mean they have me dead to rights and I can expect a MFSJ? Thank you. Ive been reading the threads so far, and I’m still trying to grasp this so forgive my naïveté. It’s my understanding that once I submit the denial that I have a certain period of time to request discovery? ☹️☹️ This is unfortunate. I just can’t stand the idea of handling only cash. Is there a way I can request a change of venue? Also I was thinking about talking to a lawyer local to my area next week and see if they can tell me a little bit about the judge, do you think that’d help? I think I’m misunderstanding your intention Harry. I’ve sat and thought about what you were initially saying to me and I can see that you’re trying to save me a huge headache. I can respect that. Seriously. I’m not sure what I can tell you that’d convince you the route I am taking isn’t monumental and a waste of time and energy. Maybe it’s pride. Maybe I’ve been kicked around my whole life and I’ve always taken the easy road, and just kind of let people walk all over me. Maybe I’m feeling bullied, and sure it’s stupid of me to pick a fight right back with this giant. I don’t know. I’m probably wrong, I am about a lot of things, but my gut tells me to fight this. Even if the odds of me winning are 5%. I feel like the outcomes the same no matter what. I also think that maybe, just maybe I’m David vs Goliath, and if I trust in god enough he will help me, and give me the strength and understanding. If I go to court and I get crushed, so be it, all I’m asking is for some help so that as I fight this I’m not making a complete fool of myself. Most of all for once in my life I’m not going to back down. Even if it means me getting my teeth kicked in.
  7. You’re right. Disability is pretty subjective. That’s why there’s a rigorous and complex process in determining what disability is. I’m sorry you feel I should take the easiest solution (for PRA) and what you assume to be the best solution for myself. I appreciate your advice and I’ve been more than gracious to those who’ve offered me advice in this thread and have even gone as far as to take their constructive suggestions and attempt to implement them. Pardon me for being anxious as it’s my first time being sued, or ever having to even enter a court room. If you’ve got nothing more to add or you don’t wish to offer something constructive in my attempt to answer my summons in the form of a Denial. Let’s just call it good. Thank You again for your responses.
  8. @Clydesmom Thank you. I realize you’re not attorneys and I’m not asking for anyone to do this for me. I’m overwhelmed. I need help, and I believe it’s in my right to defend myself against PRA’s claim. Do you have any good links on how to make myself collection proof? I’m taking @BackFromTheDebt‘s advice. I’ll attempt to contact them today. In the event that I go the route of a denial, is there anything I should and shouldn’t say over the phone when communicating with them? I’m not sure if relevant but the affidavit that was included with the summons is identical and there’s even some similarities in the claims in this thread:https://www.creditinfocenter.com/community/topic/329253-need-help-with-affidavits/ I’ve seen others with a checklist included and evidence included, statements etc, and they only included one exhibit. @Brotherskeeper I will and I appreciate it. A lot of it is over my head. I’ve been reading it steadily over the day and will be studying it diligently. Thank you for the help and encouragement. It’s helped ease my anxiety. I’m going to get in contact with people at michiganlegalhelp about potentially finding legal aid. Things are complicated due to us entering the weekend. I’m curious does the court count weekends as the 21 days? Or do non business days not count towards the 21 day timeframe to respond:
  9. I’m not sure what it is I’m doing wrong. There are other people here who have circumstances similar to mine and they’re offered help. If the court finds that this is in fact my debt and sides with PRA I’ll accept that. If I don’t respond to the summons I lose. If I respond to the summons I can still lose but at least I’ll have tried to do something about it.
  10. No offense. Because I’m sick. Because I’m disabled and fighting for disability. Does that mean I should not fight, lay down and let them win? I can’t afford a lawyer. I can’t afford to pay them. But it doesn’t mean that in the time I have left I’d like to just lay down and die. Call it pride. Call it a necessity to defeat JDB companies that have predatory practices and to maybe show someone else who might have a similar circumstance in the future how to fight them, and win. If there’s a chance I can beat them. Yes I’d like to spend my time learning how to do this. I am in over my head. I am scared. But I’m not a quitter. I won’t lay down because that is what they EXPECT me to do.
  11. This is not something I can fight in court? Force them to show up and provide evidence? What’s a general denial, how do I go about formulating one? I’m so confused right now. The summons I got there was no questionnaire or anything just an affidavit from what looks like an employee from PRA stating they’d testify. Another question. Is threatening legal action from a law firm in an attempt to resolve the debt a violation of the FDCPA? thank you for the advice you’ve offered so far.
  12. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kevin Holst, David Greenbaum, Kirsten Pepper, Norfolk, VA 3. How much are you being sued for? $1,765.34 4. Who is the original creditor? (if not the Plaintiff) Capitol One 5. How do you know you are being sued? (You were served, right?) Served September 12 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? 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? None. Harassing phone calls multiple times a day. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) My Guess is 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2014 12. What is the SOL on the debt? To find out: 6 years 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). Summons 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 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'). No 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? 21 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. Affidavit that’s it. 18. How did you find out about this site? Google quite frankly I’m in over my head with this. I’m sick at the moment. I’ve lost my job. Am in the process of getting disability. Cannot afford an attorney. My bank account is almost always at zero. I’m not admitting to anything, but this has really stressed me out. I’d appreciate any help. Even if it’s to tell me I’m boned.