nickysduck2

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About nickysduck2

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  1. Their offer expires Feb 18th. The $25 per month is for the full amount of $745.78. I will take your advice and call them up and offer them $200. Thanks so much!
  2. Ok I have 2 different cases. This thead is for my husband's debt and they offered him payments in writing of $25. He wants to accept just need to know if its best to just mail a check or write them accepting their offer with my/his first check included. My other case is mine and I have already been sued but am judgement proof, live in a non community property state so if they don't accept what I offer they get nothing. On my lawsuit I am honestly just thinking about offering $25 as well just so I can move on and if they deny it or fail to respond then Im just not going to worry. I'll show up on my court date and offer then same amount,close my bank account, file my state exemptions and hope for the best. The arb route is too stressful and Im not prepared enough to argue my case in court.While i do appreciate all the help and advice,people keep giving conflicting information and Im honestly even more confused about what to do concerning arb. I have panic attacks and made the mistake of not electing arb before I was sued and our judge is not arb friendly so im gonna be a wreck if i have to go before the judge and remember how to argue and what to say. I plan to write them (PRA) a letter being honest and telling them what I can afford. I know for a fact that before court the judge makes the plaintiff and defendant meet in the hallway to try and come to a payment agreement so why not make an offer before court so I can prove I tried to pay something? Im gonna offer them the same amount in the hallway as I did in my letter and if he does'nt accept it I will tell the judge I offered to pay what I can afford both in writing and in person (if they don't accept my written offer and we still go to court) and he denied it. I think my chances are better for my payment offer to get accepted by the judge than arb is and I don't have remember case law examples and what to say.
  3. The fee for the lawyer is more than I can afford now that the summons has been served and he can't just make a phone call to talk them out of it. Im forced to handle this myself now. I honestly think the easiest thing to do is show up in court and in the hallway meeting offer them $25 per month and they either take it or leave it. Im judgement proof and on a very limited and tight income and this would be more feasable than stressing over it and ruining my health from the constant worry. I am wondering if I should write them a letter offering this amount before the court date or just go to court and offer it in person. also should I tell them i am judgement proof? I have been to court before and know the judge frowns upon attorneys who deny any payment offer a defendant makes no matter how small the amount. If I can avoid court that would be great.
  4. Here is a copy of the cc agreement attached. It does not say that if we are they elected arb both parties revoke the right to pursue any claims in a court of law. Am I screwed? Dell_CIT_agreement.pdf
  5. I was officially served he summons this morning for my case. I spoke to an attorney and was considering hiring him but financially I really can't afford to. The lawyer I spoke to said since I am self employed and paid in cash I was judgment proof so even if they do get a judgement, provided I close my checking account and file my state exemptions they can never collect on it. The judge in this case almost never allows MTC for arb. He is of the opinion that if you are already in a court it should just be handled there so my chances are slim of getting a mtc granted. I am still willing to try the arb route. The lawyer i spoke to told me he knows the attorney handling my case and he is a real a$$. He will argue against my motion to compell arb and Im not prepared to argue back. At this point what should I do. Write the plaintiff a letter electing arb and send him a copy of the credit card agreement with he arb clause highlighted and a copy of the motion I will take to curt on our hearing date? If my motion is denied is there still an opportunity to negotiate payments before a judgement?
  6. My husband owes a credit card bill that was sold to Portfolio Recovery. Instead of fighting this he wants to just accept their installment offer of $25 per month. I am going to write them and accept this offer. Before I write anything is there anything specific I would be wise to include? I am asking them to cease all phone calls but just want to make sure I cover all our bases. Does this letter need to be sent CMRR or is delivery confirmation ok? I can't get to the post office to do CMRR for a couple weeks because they close before am able to get off.
  7. Thanks but this all seems way too confusing. I thought if I elected arb and initiated based on the cc agreement they had to obey the cc agreement ? We are really struggling financially,living week to week and can't afford to pay a lump sum settlement on this but im beginning to think it might just be best to accept the payment terms they just mailed and leave it at that.
  8. So I should just send a letter letting them know I am initiating arb alomg with my initiation paperwork and make no mention of a request for dv?
  9. PRA does file small claims suits in my local court which is why Im thinking I need to elect arb to prevent that. I was offered a settlement in their last letter but can't afford the terms and have'nt responded. So bottom line I understand there are no guarantees here, but I am prepared to go ahead and initiate a claim against PRA to show im not bluffing. I am gambling that they won't pay the fees on only a $745 debt.
  10. Ok thanks. I appreciate all the info here and your time spent posting. Really means a lot!
  11. Thanks for all the info. I am still going to take my chances on arb. I still have not received a 2015 of the citibank agreement despite a hundred google searches but filed a complaint with a consumer finance website and they called me and said Home Depot was mailing me one but who knows how long that will take. In the event that PRA does pay thousands of dollars in arb to collect such a small amount will a repayment plan be something we can negotiate in arb or is a judgement entered without negotiations should I lose?
  12. In reading all of this I am even more confused than ever. In this case I have received 2 letters from the jdb and there has been no mention of a lawsuit at this point. I was advised on debtorboards to send a leter to the jdb electing arb and then file a claim with JAMS (Im applying for a fee waiver) and include the application papers with my letter to the jdb. Since the debt is only $750 it is predicted that the jdb (PRA) won't pay the fees. What I am concerned about is the fact that I have no violations against PRA. Im going to initiate a claim because saying I am without actually doing it would be a bluff right? Im unsure what to put on my application as to why im filing. I can't just say "to keep this out of court" or can/should I?
  13. I downloaded the Jan 2016 archives but could'nt open the file. Sue wish somebody had a 2015 citibank agreement they could email me. I called Citibank and because the account is closed and sold to a jbd they refused to send me one. I filed a complaint against them for denying me a copy. I really can't get started on anything until I get a 2015 copy of this cc agreement.