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Being sued by PRA again after only 2 months


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I'm not afraid of being sued by these idiots again, but I AM afraid of being served while my mother-in-law is staying at our house this week. I am literally so terrified of a knock on the door hat I am barely functioning.

I only know that I am being sued from a lawyer ad that came in the mail, stating that a lawsuit had been filed for $xxxx.00.

Can I try calling the attorney that repped them last time and asking for the name of the process server so that I can arrange service somewhere besides my house? I cannot stand the stress and she is here another whole week...

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Call the court or online to see if a case has actually been filed.

Even if you are served at home, have an arrangement with your spouse that if someone knocks at the door, your spouse will divert your mother-in-law's attention while you answer. Step outside. Don't let the process server in the house. Your mother-in-law doesn't have to know who was at the door.

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All good advice...

Sadly, my spouse is on a two week trip, hence the mother in law here to help with the kids. I'm worried the server will arrive when I'm shuttling the kids around to school, etc. Oh well, what can ya do?

The mailer WAS the kind you referred to, only I suspect it's legit, because I got one a week or 2 before I received the previous summons. Also, PRA began calling again a month or so ago. I sent a DV and C and D but never heard back. I suspect their reply is in the form of a summons. Dirty rat bastards.

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Are they suing you over the same account or a different one?

This is my question, too. :confused:

Oh and yes, they are indeed--dirty rat bastards! :evil:

I'm very sorry to read they are attempting to sue you again, panicattack.

(((panickattack)))

They take greed to a whole new level...

Edited by tigger
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Same account, same amount! I just had it dismissed w/o prejudice a few days before Xmas. The jdb started calling again late January. I sent the DV and a month later, here we go again. Unbelievable how fast those losers can work.

How many times can they sue me? The court fees and cost for babysitting (sorry but I can't put my 1 and 3 yr old in the courthouse childcare) are going to start adding up and really piss me off. I know I can beat them on my own just by showing up, but is it worth is to hire an attorney to try and end this

nonsense once and for all?

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Call the process server and make arrangments to go get the summons. That will solve your problem and also send a big message that you're not only not scared, you're ready to get this tail kicking started and are looking forward to the fight.

In other words, I'm so ready to kick your tail I want to go get the summons to not waste time. :evil:

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1stStep, yes, I sent a DV but they never validated. Haven't heard a peep about it....

Coltfan (my fave!), I would call the process server in a second if I knew what company...there are so many here!

Legaleagle, I thought w/o prejudice meant they could keep suing me? Maybe I am confused....but I thought WITH prejudice was where they couldnt sue you again? Could someone clarify?

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First of all, you should not feel ashamed at being served. Sit your MIL down and tell her the story about how you stuck up for your rights (and your family's rights) and beat these lame morons at their own game. And now you hear that they want to go another round. Tell her if someone comes knocking on the door looking for you, she should be sure to tell them exactly when you will be home. Because you are not ducking anything.

If you do get served, I strongly suggest that you speak with a consumer lawyer in your area. Filing a suit, dismissing it (presumably for lack of evidence) and then filing again in 2 months, believing that the defendant will not be represented by a lawyer is harassment and I believe an FDCPA violation. And you are harmed because you are forced to pay a second filing fee not to mention the stress and worry. I think you will find a lawyer willing to take the case on contingency.

Good luck and have a nice weekend.

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Thanks for the nice words, calawyer :). I will definitely contact an attorney after I get served. I honestly had no idea that the jdb shouldn't be suing me every other month. I just assumed it was something I had to endure until I got the case dismissed with prejudice.

I was sort of looking forward to getting another chance to finally end this....didn't dream that it was possible to stick it to them at the same time.

Seriously, I am so happy that I stumbled upon these forums! Thanks everyone, for all the help! I will keep updating as things happen.

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I just assumed it was something I had to endure until I got the case dismissed with prejudice.

It's like double jeopardy in criminal law. The prosecutor can't file a charge and then dismiss it right before jeopardy attaches, over and over and over again.

At some point it's prosecutorial misconduct and the judge will dismiss the case and attach jeopardy.

In other words they can't keep charging you with the same crime over and over in the hopes they will wear you down and/or run you out of money where you give up. Same principal here. I'd argue abuse of process and therefore a violation as stated above.

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W/O prejudice? Classic case for res judicata. Ask for costs and sanctions, throw in abuse of process and vexatious litigation, anything you can think of. Make them pay big time. Any lawyer who tries to file a case like this should be disbarred. You should file a complaint with the bar association. Any consumer attorney should jump at the chance to take this case.

Request advance court costs, and file counter claims, call the process server and get the summons and then serve written discovery requests like the BOP, and form interrogatories.

It is possible your wife already mentioned what happened in the last case to her mom,(women like to brag about their men) call your wife and ask if your MIL(mother in law not motion in lime:)) knows.

Make sure you get them violating. They may try sewer service

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It's like double jeopardy in criminal law. The prosecutor can't file a charge and then dismiss it right before jeopardy attaches, over and over and over again.

At some point it's prosecutorial misconduct and the judge will dismiss the case and attach jeopardy.

In other words they can't keep charging you with the same crime over and over in the hopes they will wear you down and/or run you out of money where you give up. Same principal here. I'd argue abuse of process and therefore a violation as stated above.

I know that in a lot of states, the second dismissal will automatically be considered a dismissal with prejudice and shall also act as though it was an ajudication on the facts.

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It is possible your wife already mentioned what happened in the last case to her mom,(women like to brag about their men) call your wife and ask if your MIL(mother in law not motion in lime:)) knows.

Make sure you get them violating. They may try sewer service

Nope...I AM the wife :)

What is sewer service?

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"Sewer service" is when they do not serve you properly in person. Usually it means they didn't serve you at all, they just claim that they did. That's how they get a lot of their default judgments, from people who don't answer the complaint because they don't know they've been sued.

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