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WhoCares1000 last won the day on October 21

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  1. You cannot evade service until the SOL has ran because once the case is started, the SOL is tolled for the entirety of the case. If you try to evade service, the plaintiff can petition the court for alternate service (such as post and mail and/or printing in a local newspaper) and if granted, would be possibly that you did not know you were properly served. ALWAYS ACCEPT SERVICE IN A COURT CASE. There are better ways to fight instead of evading service.
  2. First off, the affidavit in support of responsive motion should only list the facts. The actual for to use to respond to their motion is Responsive Notice of Motion and Motion which is also on the MN Court forms website. You use that to respond to their motion with the affidavit and declaration to back that up. As for the relief, don't ask for too much. What I would put in is that the court denies the plaintiff's motion and require the plaintiff to do discovery and actually be willing to discuss this with you over the phone. You can (and should put in) that you pray for any other relief deemed appropriate by the court. If you use the MN court forms (and you should), that last line is already there. That way, if the court believes that dismissing the case is appropriate, they can do that. The rest look fine to me but others can respond. As to PRA, I thought PRA was the JDB, not Midland. My bad. Finally, if you are on MA, then the next question is, during the next 10 years, will you be leaving Minnesota and/or getting a job? If you expect to have issues still, then this is going to be a waste of their time. They cannot collect from anyone receiving government assistance and for 6 months after such assistance has ended under Minnesota Law. Minnesota is also one of the few states which does not allow for the easy renewal of judgements. If you lose, they can keep sending you financial depositions but if you situation is the same each time and you fill it out and inform them of that fact, there is nothing they can do. They will send them however to try to trip you up to get you arrested for contempt of court. At least for today, it sounds like you are collection proof.
  3. I just want to say that a win is something that the OP can agree and live with, whatever that might be. For some, that is paying some money but not the full amount, for others, that is an outright dismissal without paying anything. Each situation and person is different so if you are happy and can live with the settlement, you have won.
  4. Odds are, you probably have to pay the fees so you are going to spend $250 on this. The question is, who does the $250 go to. Before filing for JAMS, I would contact the attorney and offer them the $250 stating that you are going to have to spend it anyways on this case so either they can take is and go away or JAMS gets the fee and they will be responsible for fees well in excess of the debt. Since PRA probably paid between $50 and $100 for the debt, the $250 will give them a nice profit and I cannot see why they would not take that considering the alternative at this point.
  5. Watch to see if the attorney tries to revive the case or if the decide to continue with Arbitration. Odds are, because this is MCM and not Capitol One directly, they will probably give up but Cap One can still sue you directly and they will go to arbitration. I would wait a couple of months, find out if the debt has been sold on or returned to Cap One, and then maybe offer a settlement.
  6. It was not a court order per se (because when the call was made, there was no court case yet) but based on the information given by the clerk. Where the OP went wrong, and if they came to the board when initially served, would have been told to do this, was not sending a letter CMRRR to the attorney's office when it became clear that they would not listen on the phone. The OP might be able to show that to the judge but a letter would have cemented the fact that the attorney's office was trying to bully their process on the defendant. The whole pocket docket process is strange to the rest of the country where everything is ran by the court from day one rather than waiting until a judge is needed to get the court involved.
  7. To do this, you fill out an affidavit stating the facts and signing that under perjury in front of a notary (usually the court clerk) and attach that. If you used a pay phone (or a friend's phone), state that fact too. As for the forms, you can get those here: https://www.mncourts.gov/GetForms.aspx?c=7&p=103 As for case law, you have to find that yourself. Basically, you need to prove that the other side did not give you a proper chance to perform discovery because they refused to listen to your objections to their discovery plan and that there are questions of facts that need to be dealt with by a judge. I know it is hard to type it up in legalese but you need to do that ASAP. Now, as for the Zoom hearing, unfortunately if the library is the only place you can attend the hearing, you will have to do that. I would talk to the court clerk though and as for options. They might have a room in the courthouse designed for situations like this. It almost sounds like you are homeless (or very close to). If so, discuss that with the PRA attorney. One of the good things about Minnesota Civil Law is that in order to renew a judgement, a new case has to be filed before the 10 year period is up and with the cost of MN courts, most don't bother to chase good money after bad. Although MN makes it easy to levy or garnish, there are some good exemptions to that and you should research those exemptions too. It might be possible that you are collection proof and if so, PRA just spent a ton of money in court for month.
  8. If this occurred this past Friday and the claim is really less than $1000, I would call PRA and offer them the $250 filing fee in return for settling the case. Give them a week to think it over. If they don't bite, then file arbitration. Use the week to work up the papers. I think they will take the $250 however as that is still a good return on investment for them as they stare down the black hole of arbitration fees.
  9. The OP might be able to fix this but time is of the importance. He needs to oppose their MSJ and try to find proof that he attempted to contact the law office with his discovery objections and they refused to listen to them. What messed you up is Minnesota' unique pocket docket rules. The dates look messed up because discovery was done before the court filing. In Minnesota, that is standard practice. In fact, after the 2008 Star Tribune expose on the practice, the legislature changed some of the rules and one of the rule changes is that if the defendant properly files an answer, the case MUST be filed in court within 1 year of the date of service or the case is dismissed WITH prejudice. That is why they filed in April and and now doing the MSJ.
  10. Call the law office and request an accounting of the payments from when you started paying the debt. That will show you where the money is going. Also, many banks do not report debts that they are about to sue on to avoid any FCRA claims when they file lawsuit. JDBs are doing that too.
  11. Under the Pocket Docket Process, once an answer is filed, the parties are required to work out a discovery plan and perform discovery out of court. It is expected that the parties will meet and confer during this process. You cannot simply ignore the discovery process, even if the case has not been filed in court yet.
  12. Ummmm, he has been sued by the JDB and they have gotten to the stage in Minnesota where a case has been filed in court and the JDB is now looking for a summary judgement. The OP cannot simply ignore letters at this point. I agree with not talking to them on the phone but the courts require at least some communication between the OP and the JDB Attorneys.
  13. The problem is that you called them and they refused to listen to your objections regarding the discovery plan. At that point, you should have put it in letter form and had your objections served in the same manner as your answer. The attorney would have had to listen to that. At this point, since you did not participate in discovery, they might be able to get your answers to admissions deemed as admitted. However, you can state that you tried to contact the attorney's office on 28 August 2020 and show that you had objections to the plan that went unheeded by their office. Also, the 1 year of statements can be an issue. You also don't know who the real bank was behind the credit card. It could have been very well be Capital One. In any case, you have a limited about of time now to file a motion to oppose summary judgement where you state that there are material facts that need the judge to decide. You file that with the court and send a copy to the plaintiff. I am sure you can find the form online.
  14. If you see that they are going to force you into arbitration, then give it to them. Again, it costs you $250 and you probably have a minimum of a $2600 claim so go for it. It will cost them 5 figures to defend against the $250 claim. Use the old contract from the OC and state that this is a 3rd party hired by the OC that you have the issue with, not the OC. More likely than not, they will try to settle before first fees are paid by them depending on the total amount of the claim.
  15. Another thought I have had. You mention that the calls came in on your cell phone. Can you prove that they used a robo dailer? If you can, then any calls that came in after they received your cease and desist letter could also result in a TCPA claim and that is per violation rather than all rolled into one. That might make your claim high enough to make arbitration worth while.
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