Need assistance with PRA and Arb

[HotWheels96]

Linda suggested I post this here rather than in the ARB section.

 

Quick background on my situation.

 

PRA filed suit against me in 2011, and promptly filed a voluntary dismissal once they received my discovery packet. It was without prejudice, and I had no say in that because I never filed a Cross Complaint. Lesson learned.

 

Recently, I received a new Dunning letter from them, telling me that I have 30 days to dipute. I immediately shot off a dispute letter that elected arbitration. Within a couple of days, they called me at work, to advance their harassing of me.

 

When I told he girl on the phone for the JDB's attorney that they had already sued me on that alleged debt, she told me they had to dismiss because they had "no proof". No joke. She told me I wasn't entitled to validation at that time as they had sued me before. She told me validation would come out in the new lawsuit she was threatening me with. She also told me that I had 5 days to pay (within that 30 day window) or they would garnish my wages because they had called and verified where I work and they verified that's where to send the garnishment paperwork. She told me I would lose in court and things will get ugly for me if I don't pay in 5 days.

 

They then sent me "validation", with no address of the alleged OC and included a charge for court costs. I again disputed and told them I refuse to pay (and elected Arb again for the second time) and things went silent so I disputed with credit bureaus. Next thing I got said they investigated and verified the alleged debt and included a paper saying my DOLP was 12/2008. (Please see redacted attachment)

 

While checking the docket (which I do daily) I saw they filed a new suit this month (01/2013). They put in the complaint that the DOLP was 7/2009, and OUTRIGHT contradiction to earlier paperwork provided to me. Though this is a time-barred alleged debt, I really wanted to file for FDCPA, RFDCPA, etc. and figured arb would be easiest on me.

 

I followed Linda's ARB instruction post but am confused on one part.

 

I sent both the JDB and attorney a formal election notice and requested they pay the remainder of the arb fee as the alleged agreement says they will pay up to $1,500 if I pay the first $50.00. Do I send the green cards from that formal letter to JAMS or do I need to send both the JDB and attorney that actual JAMS demand (the four page form available online) in order to proceed with JAMS?

 

I have yet to be served and honestly want this moved along quickly. A motion to compel was already filed, and in my state I don't have to file an answer unless my motion is denied. Therefore, an answer and cross complaint has already been completed and has been set aside in the event I am required to file. The last thing I want to do is file a cross and give the judge a reason to deny arb based on that cross complaint. How can I say 'Your honor I want arbitration' but then file something giving the court jurisdiction? Seems counterproductive.

 

Anyway in order to send in my demand to JAMS do I send a copy of that demand to the JDB and attorney and wait for green cards or do I send copies of the green cards from the formal letter? HELP!

 

Redacted SOL Proof PRA.pdf

Edited January 24, 2013 by HotWheels96

[Linda7]

I do want the others to jump on this as I see "violations".

 

Also, I see SOL defense.

 

Have you pulled your credit report?  If so, what does it say under the original creditor as to when you last paid?  It would be lovely if it agreed with their letter as being 2008.

 

And again, if your SOL is correct - there is no need to fight in arbitration.  You can beat them in court!

[HotWheels96]

Yes, my hard paper credit report in front of me says the exact same date 12/24/2008.

 

Should I file the answer and cross complaint then? I put all the violations in it already. It's literally next to me, two hole punched and ready for filiing.

 

I'm in complete kangaroo court and figured I couldn't get a correct ruling no matter what I do.

[Linda7]

Yes, my hard paper credit report in front of me says the exact same date 12/24/2008.

 

Should I file the answer and cross complaint then? I put all the violations in it already. It's literally next to me, two hole punched and ready for filiing.

 

I'm in complete kangaroo court and figured I couldn't get a correct ruling no matter what I do.

I would feel better if some of the California members replied to this.  If they don't think you've got a good court case, then let's talk about arbitration.  But, I believe California is 4 years and that SOL passed on Christmas Eve this past year. 

[HotWheels96]

Here:

 

And thank you very much for your help! I'll see what other Cali people say.

DOLP Equifax.pdf

[birddog1962]

You have many violations here here are 4 of them.. Run to your nearest consumer attorney if necessary

 

 

1) CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --  (You sent them a refuse to pay, they responded with a letter of validation)

 

2) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (Debt is time barred)

 

3) The threat to take any action that cannot legally be taken or that is not intended to be taken.(Debt is time barred)

 

4) The false representation of -- (A) the character, amount, or legal status of any debt; (debt is Time Barred)

[birddog1962]

I would also call the original creditor and ask them when the date of last payment was. I believe they have to tell you.

[racecar]

http://info.sen.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

its 4 years

12/24/2008

 

Your City, State Zip
account number or case number
Collector's Name
Collector's Address
Collector's City, State Zip


Account Number: XXX-XXXX-XXXX

To Whom It May Concern:
 

This letter will serve as a meet and confer letter in good faith concerning the above referenced account number/ case number.

I have checked with my state Attorney General and confirmed that the statute of limitations on this debt has expired. Therefore, if you choose to pursue this matter any longer in court, I will be forced to show proof that the statute of limitations has expired.

Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated and the case is dismissed with prejudice. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.

Sincerely,
Your Name

[Linda7]

http://info.sen.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

its 4 years

12/24/2008

 

Your City, State Zip

account number or case number

Collector's Name

Collector's Address

Collector's City, State Zip

Account Number: XXX-XXXX-XXXX

To Whom It May Concern:

 

This letter will serve as a meet and confer letter in good faith concerning the above referenced account number/ case number.

I have checked with my state Attorney General and confirmed that the statute of limitations on this debt has expired. Therefore, if you choose to pursue this matter any longer in court, I will be forced to show proof that the statute of limitations has expired.

Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated and the case is dismissed with prejudice. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.

Sincerely,

Your Name

I don't know that I would do that.

 

The OP has them over a barrel with numerous violations. 

 

Just check with Coltfan . . . I think I can smell the gunfire!

[HotWheels96]

Also overshadowing, by saying I have 5 days to pay within the 30 day validation period..

 

PRA is listing that 7/09 date on my credit reports despite knowing the 12/08 date the OC listed.

 

Thanks for the posted letter, I have Midland bothering me for another OOS account. I was uncertain on how to handle that one and that letter seems perfect!