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REQUEST FOR ARBITRATION - PORTFOLIO RECOVERY


sued123
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In August, 2012 I requested discovery, interrogatories, admissions from Portfolio Recovery they have not responded.  A few days ago I received, by regular mail, no signature required, a REQUEST FOR ARBITRATION from Portfolio that was filed at the Court of Common Pleas, Fayette County, Pennsylvania.  It is stamped November 30, 2012 from the county's prothonotary's office.  The document states :  Kindly refer this matter to the board of arbitators for a hearing.  The amount in controversy is $3272.25 or less and the case is at issue for arbitration. The case is to be tried by and noties sent to the following attorneys:  (to which they list 3 attorneys for Portfolio).  The bottom of the form states estimated time for hearing 45 minutes and the date of 11/29/12.

 

Not sure how to proceed since Portfolio has not sent me and information I requested in the disovery, interrogatories or admissions. 

 

I responded in a timely manner to the request Portfolio sent me asking for disovery, etc.  yet they won't respond or send me what I requested. 

 

Any advice you can share will be greatly appreciated.  Thank you.

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In August, 2012 I requested discovery, interrogatories, admissions from Portfolio Recovery they have not responded. 

 

Check your State Rules of Civil Procedure regards discovery procedure. It seems like an unusually long period of time has gone by for a no response. It's usually 30 days Plus 3 for mailing. I wouldn't bother with a motion to compel unless it includes sanctions also file a motion to deem admitted on the Defendants RFA's then file a motion to strike any documents provided with the complaint. If none then go for a dismissal. If the Court Clerk confirms this has be sent to arbitration there should be an arbitration clerk you can copy the documents to you file with the arbitrator. 

 

HP

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  • 1 month later...

Need help responding to Praecipe for Reference (request for arbitration).  PRA has not resonded to my request for admissions, discovery sent August 2012.  If I file a motion to compel, what sanctions should be entered?

 

 

Request for Arbitration requires a motion and Linda7 has posted some very excellent strategies on compelling arbitration so search on this forum for her posts. You may be too far along with your filings to go that route????

 

Sanctions:

I would request Dismissal with Prejudice and costs. 

Motion to Confirm Arbitration with points an auth - Nice.pdf

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