utahcredit

Members
  • Content Count

    50
  • Joined

  • Last visited

Community Reputation

10 Good

About utahcredit

  • Rank
    CIC Member

Profile Fields

  • Location
    Utah
  1. Exactly----The whole purpose of hiring an Attorney was to lessen my stress level and give him the responsibilty of defending me. I was better off alone--fearful but alone. I got his name on the NACA website--which only lists 4 such attorneys in my whole state. So I didn't have alot to choose from. LOL
  2. I just think that my attorney is so wimpy. Every time I say we have FDCPA violations against them he says "That's true BUT if they can prove you had a Capital One account with these statements it ruins our case". I told him I'd go to my bank and "pull" statements from 2008 when they alleged that I made a payment and he said "If you do that then we need to amend our Discovery answers and submit any bank statements as Documents to the Plaintiff"!!!! WOW!! who's side is he on. How would PRA know if I pulled my own bank statements--I think "BIG BROTHER" is watching!!!! Hopefully the Motion to Dismiss, based on the licensing ,can be done outside of trial because I do not want to incur more attorney fees????
  3. That's what I was thinking. It is an awful lot of liability to carry on a $1600 (alleged) debt. So sad that litigation is sooo expensive. But it'll probably mean that now that they are registered PRA can come after me again--Right???? What's your experience??
  4. So, I've been battling this case with PRA for an alleged Capital One account since April 2011. After the pre-trial conference the judge wanted me to set a trial date and I thought I'd better get an Attorney--rather than represent myself. So, I did. But the Attorney just graduated from law school in 2007-08 and I think he's scared to go to trial. First he's afraid of the Billing statements that PRA provided(supposedly from Cap.One). Which he says proves I had a Capital One account. By the way, they haven't proved an assignment--- just a phony Bill of Sale and affidavit. I have several counts against them for FDCPA violations however my Attorney is just focusing on the fact that if I loose at trial I'll be responsible for about $5,000-$20,000 in Attorneys fees. OUCH!!! I don't even have a few thousand dollars--that's why I'm trying to challenge PRA. Well, then I come to find out that PRA didn't even have a license to collect in the state of Utah(as a third party debt collector). They only just registered with the state after my pre-trial conference. So as of Aug. 30,2011 they are licensed but not back in April when they brought suit against me. So, given the circumstances of my immature attorney and the possibility of being responsible for thousands in lawyers fees(if I loose)-- does it seem reasonable to ask that the case be dismissed on the basis that PRA wasn't licensed in April and just drop the case?? Any input would be helpful!!!! No wonder no one wants to fight these in trial--there's too much at stake if you loose.
  5. Just for those curious--my Lawyer charges $500 flat fee. However I don't know if I'm going to get the $500 worth out of him because I did all of the foot-work and only wanted him because the Judge told me to set a Trial date. I got sooo scared--I've never even been to traffic court and now a trial!!! I think I am the talk of the town!!! And it is a little town. This is so ridiculous that Americans have to defend themselves against third party JDB. Funny thing-----Portfolio Recovery wasn't licensed in the State of Utah when they filed suit against me and only just became licesned Aug 30, 2011---after my pre-trial conference, when they knew I was going to retain a lawyer. I asked my lawyer if we could get the case dismissed on the basis of them not being licesned back in April when the law suit was filed. He said probably but then they would just turn around and sue me agian and I would have to go through the whole thing all over. Thoughts??????
  6. The Deputy Clerk at the Court told me,when I submitted an Answer to the Complaint, that it would only be a matter of time before the Plaintiff(AKA JDB) would win!!! That answering a Complaint just prolongs the process but that eventually the court would favor them. I was shocked!! She was trying to discourage me into not filing an answer. You should've seen her face when I filed a Counterclaim against them--I guess that was unheard of!!!
  7. Thanks for the link!! My only problem is that the Deputy took pictures of things but only verbally told us what he wanted to take---so how do I fill out the exemption form. I think I should have been left an inventory of what is to be taken. Right?? I used to think, Back in the Day, that only the IRS could freeze you accounts or possessions. Kind of like the U.S Marshalls on a raid!! But no crime, in this case has been committed--and to think all of this power for unsecured loans. Pray for Democracy! Or maybe this is a Dictatorship in disguise.LOL
  8. The Judgement was entered last year before I knew you could defend yourself against their tactics. Unfortunately in 2008 my husband and I went through huge economic distress (ie job losses ) and we still have not recovered. I haven't found work and he is working through a temp agency that is going to "Lay off" in Noverember possibly. So, add the stress of now them trying to collect all at once and coming in your house to take pictures of your belongings. My husband is having a mental breakdown aand is fearful of them taking our home. So sad!
  9. This sounds interesting! I called my Lawyer right away on Sept 2 to tell him about the Constable and siting that isn't this a coincidence that the Attorney from the judgement and the case I am fighting righ now are the same person. But he said no---that even if the Writ of Execution was signed in May, that they take their time in serving it. I think that sounds like he just doesn't want to tackle it. Right??? What is an IIED?
  10. It's a Mafia of sorts--especially their tactics of vengance. Case in point: I'm dealing with an Attorney representing Portfolio Recovery. We've had a pre-trial conference in which the attorney tried to bully me into a settlement. I stood strong and said I'd retain a lawyer for a trial--which I did. I am waiting to see what happens but in the meantime Portfolio's attorney got upset and tried to find some "dirt" on me. On Friday Sept 2 I got served a Writ of Execution for a past judgement that this same attorney's office got a default judgement on me--- for $6400.00. The deputy/constable took pictures of all of my belongings and car and gave me a paper stating the property is going to be seized on Oct 19 for a Constable Sale. So, basically, the Attorney got mad at me because I tried to defend myself this time and is demanding payment on the other judgement. The Writ of Execution was signed by the court May 5, 2011 and it was just served Friday---one week after my pre-trial conference with him!!! Now ,one could argue that this was going to happen eventually but I can't help but feel that Portfolio's Attorney was trying to seek vengance because now he is going to have to go to trial on this account and he isn't going to get a default judgement again. That's why I was wondering if there are states which make it more difficult for them to bring suit against people. Let's face it---if everyone is Forced into Bankruptcy because of the stress and pressure that Americans are under then this economy isn't going to recover--ever. No one is going to spend out of fear of going into debt--and being sued by collectors. No amount of material things are worth it!!!!
  11. I am beginning to think that all of these Junk debt buyers have these phony affadivts. Clearly hearsay and am not sure why the courts allow this as assignment (but some do even after striking them as hearsay). Surly there is a State that makes it "more" difficult for them to sue. I just want to research the laws.
  12. I was just wondering which states require some kind of proof (ie Contract, assignment etc..) to be attached to the Complaint/Summons. And which states in general are "consumer" friendly. Utah is business friendly and I'm having a tough time. I heard Texas was friendly but now is becoming more "business' friendly also. I spoke with a Lawyer recently who mentioned Delaware--- as requiring proof before suing but was just wondering if there are other places as well. Thanks!!!!
  13. I just had a pre-trial conference last Monday. I showed up and so did the Attorney for Portfolio Recovery. He pulled me into an office before the Pre-trial and tried to get me to settle--I refused so we went before the judge. He'll ask you if you are done with discovery or if you need more time. In my case I was done so the juudge wanted me to schedule the Trial date, but I want to seek legal counsel first. I think, personally, it is always better to appear in person so that the Judge can put a "Face" with the case.
  14. I did the file the counterclaim when I answered the Complaint back in May. I still have to do the subpoena, but I'll let the Lawyer do that. Now I just need to find one. My answer to the Interrogatory was that it is objected by the Defendant on the grounds that it seeks information that invasive of the Defendant's privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy of the Defendant. Does this sound OK???