Sued in IA by PRA

[tator]

Hi, I'm being sued in Iowa by PRA, bought from Cap One, for $940. The original debt was less than $500, as this was the max limit on the card.

My problem, as I've been trying to research, is that it's my understanding that Iowa keeps it's small claims extremely informal, so all the instructions to file discoveries, etc. isn't possible in Iowa.

Should I just show up to my first date, which is a mediation meeting, with a list of requested documents, and go from there?

Either the case will be settled or dismissed in mediation, or will move to in front of a judge, which is also informal.

HELP!

[saytar]

You don't say what documents (if any) that were sent to you with the summons.

I'm betting they have some affidavit from PRA or supposedly from the OC to prove they have valid assignment and own the debt.

You need to attack this affidavit as heresay and not a business record as the affiant doesn't work for the OC or if from the OC, the affidaivt is still hearsay as the affiant is not in court to verify that it is genuine.

Lack of standing sue.

Without anymore information than you have given that's about all.

Go lookup some of Racecars what to post. Information works better two ways.

[tator]

There were no documents included in the summons. I feel like I'm walking into this blind and need to have 8 different plans regarding if they do show up with paperwork or not.

Also, do I get to see their evidence during mediation, or can they save that for the judge trial? Should I answer anything before?

It's my understanding that the mediation is to save the judge's time, and settle cases before going in front of the court, so do I have a chance of "scaring" them with requested documents or should I just hush up and wait until we're in front of a judge. Also do I have to request documents before trial, or can I wait and then blindside them? This is where I'm confused.

[Public Enemy]

Are you sure Cap1 sold it to PRA?

What year was the alleged Cap1 card was opened and defaulted?

You might want to do some reading up on Arbitration and see if that is something you would be interested in trying.

http://www.creditinfocenter.com/forums/arbitration/309878-cost-strategy-arbitration-why-works-consumer.html

http://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.html

It may not cost effective for them to go to arbitration for such small amounts as you have.

[ArtVandelay]

You might want to answer Racecar's 20 Questions in a post so more people will be able to help you. Just don't list any personal information or exact figures. Also take the time to write out your complaint/affidavit or whatever they sent you.

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.