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creditsamurai's Achievements

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Advanced Member (3/6)



  1. Has anyone here sued them previously? I couldn't find much on the secretary of state sites for NJ and PA.
  2. Today I filed a motion to dismiss, as was part of my settlement agreement. Thank you to everyone on this thread who advised me.
  3. I have some good news to report. The CA and I were able to work out an agreement after all. I'll file to have the case dismissed with prejudice and they will delete the tradeline. Since they are just working behalf of the original creditor, they could not cancel my debt. I realize this means that I'll most likely end up in this situation again with another CA. If that happens, I suspect I'll opt for arbitration from the beginning.
  4. Misrepresentation of the amount of the debt and lack of proper communication
  5. The defendant's counsel got back to me. They have rejected my settlement offer and ask that I voluntarily dismiss the lawsuit.
  6. This is small potatoes by the way. We're talking about a couple of hundred dollars. I'm betting that there is a definite limit on the human and financial resources they're willing to throw at it in order to collect. Settling makes more sense than trying to teach me an expensive lesson and secure a judgement that can't be collected.
  7. Federal court will not be really expensive for me. I can qualify for a filing fee waiver based upon my level of income. If I lose and they get a judgment against me, they won't be able to collect because my sole source of income is SSDI. I haven't given up on a settlement. I hope to hear from them by week's end. I'm not convinced that I've completely given up my right to arbitration, but I'm going to consult a consumer law attorney on this. This is different from the PRA case. That one has been settled to my satisfaction and I got it in writing. The tradeline has already been deleted.
  8. I sued in small claims for a FDCPA violation. I was surprised that the CA didn't try to settle and instead took this step. The way I see it, this only makes the whole affair more expensive for them. I have made a settlement offer, asking for statutory damages and a deletion. My question is, how can I make this as expensive as possible for them so as to make a settlement more attractive? There is an AAA arbiration clause in the agreement I signed with the original creditor. Filing a motion to compel is definitely on the table. What else should I consider?
  9. I recently discovered a tradeline from a CA on my EQ report. I haven't received a letter from them. I called today(recorded it) to inquire about it. Can I send a validation letter? It seems like there isn't agreement in the legal community about the definition of initial communication.
  10. Got a call from PRA today. We have settled. The tradeline will be deleted with no 1099 issued in exchange for me withdrawing the suit.
  11. They have sent several statements all with with different account totals. Also, they re-aged the debt. So far, they have deleted the tradeline, but no one has responded to the summons.
  12. No. The debt is outside of the SOL. They cannot sue me for it. Also, my income is from a legally protected source.
  13. Portfolio Recovery Associates bought a Capital One Bank delinquent account in the amount of $727. I unsuccessfully tried to negotiate a pay for delete I filed a complaint in small claims court for misrepresenting the amount of the debt My goal is to get a deletion + statutory damages in exchange for dismissing the lawsuit. I would be happy with just a deletion though.
  14. Have they committed any violations that you could cite in a lawsuit? That's how I was able to settle with them. Within a week of me filing, they contacted me with an offer.
  15. It's been about two weeks. I know they got the summons. They have yet to contact me and our court date is going to be in two weeks. The amount in question is less than $1000. My hope is a settlement featuring a deletion + payment for an FDCPA violation in exchange for dismissal with prejudice. Has anyone dealt with PRA in the past? How open are they to settlements?
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