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Pretrail/mediation notice from portfolio recovery associates! Updates!!!


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hello! new to the forum.

i got summons for a pretrail tomorrow morning.This will be the first time ive done anything to this sort and need a little advice on what to say and do. portfolio recovery bought my debt from GEMB in may of 2013. my debt is $2994.19. im not looking to pay the debt back yet and seeing what my options are.We have been in the process of bankruptcy but still debating if that is the best route to go. any advice would be greatly appreciated or if you guys need any more info please let me know!

i got a few pages od docs in the summons letter. of when they bought my debt and what i owe before and after.

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We can help you better if you answer these.

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

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? To find out:

Statute of Limitations on Debts

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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

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Hello Thanks so much for the help!

i will answer it the best i can.

 

1. Portfolio Recovery Associates

 

2. I dont see anything About a law firm on the summons.

 

3. 2994.19

 

4. Capitol one/GE Money Bank

 

5. my wife was served paper for my pretrial.

 

6. in person

 

7. im not sure.

 

8. multiple letters and phone calls

 

9. tampa, florida

 

10. 12/15/2010

 

11.i have not reviewed this yet.

 

12. i have not reviewed this yet as well.

 

13. no i have not

 

14. no i did not 

 

15. i have a pretrial tomorrow morning

 

16. as far as i can see its the original debt balance with capitol one, an affidavit, statement of accounty with Portfolio Recovery, bill of sell. 

 

 

thank you so much for any help i hope that was of help.

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Send them a letter telling them you want to Arbitrate with jams

https://www.gecrbter...sCreditCard.pdf credit agreement

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ read this

http://www.jamsadr.com/ jams

http://www.consumerfinance.gov/credit-cards/agreements/search/?q=ge credit card agreement data base

 

23. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION.
General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.
Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or Lowe’s, on the other hand, if the dispute or claim arises from or relates 
to your Account. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court;or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by claiming that we engaged in any wrongdoing,we may require you to arbitrate. 
   
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONAL CARDHOLDER WITH YOU ON YOUR ACCOUNT (AN “UNRELATED CARDHOLDER”), AND YOU AGREE THAT NO UNRELATED CARDHOLDER MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION.

Only a court may decide whether any part of this paragraph is enforceable.

If it is finally determined that this paragraph is not fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision will be null and void, provided that the court’s determination concerning the enforceability of this paragraph shall be subject to appeal.


Starting an Arbitration. If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after the beginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Money Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND and our notice must be sent to the most recent address for you in our files. 

The party seeking
arbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, 
www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither the AAA nor
JAMS is able or willing to handle the dispute, then the parties will resolve their dispute in court. 

The arbitration administrator will appoint the arbitrator and tell the parties what to do next. The arbitrator must be a lawyer with at least ten years legal experience.

In making decisions or awarding remedies, the arbitrator must apply the same law and legal principles that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Provision, this Provision will control.
 

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Go to the pretrial and tell them that at this time you are not in a position to discuss the alleged account with them. Do not give them any of your information even though they will threaten to have the judge talk to you. You are in pretrial so they do not have the legal right to know any of your personal information. Tell them they have not proven that they even own the debt and you will not discuss anything with them until they prove to the court that they are the owners of the alleged account. Make sure you always say ALLEGED, that way you do not give any indication that the account is yours, that is for them to prove. 

 

If they try to intimidate you into giving up your personal information you tell them that the information they are seeking is not legally obtainable prior to a judgment in their favor. If they manage to get a judgment then and only then will you give them your personal info. Do not mention any thing about BK to them at this time.

 

I personally do not agree with arbitration, you can loose some of the rights to challenge the debt in court.

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Update.pretrial went fast. ask the judge for a continuation and have a mediation trial set 45 days from today

What would my next step of action be before this mediation? I'm ready to what has to be done. Thank you guys so much for all the help.

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Can you scan or type out the summons?  That would help.  Leave out any personal information if you do.  There are several cases on here from Florida.  Your gonna have to read over them carefully to see if anything can help you.  Use the search button at the top and search different keywords such as Florida Portfolio, Florida Asset, or just Florida Also, look over the summons and everything attached to it carefully for inconsistencies.  The bill of sale not having your name on it is a start as they have to prove standing or that they own your account.  You need to read the affidavit carefully too, most of it if not all of it is hearsay.  

 

What are you being sued for?  Account stated, Breach of Contract, Unjust Enrichment?

 

 

http://www.creditinfocenter.com/community/topic/317665-pretrial-for-cach-llc-please-help/?hl=fsugirl

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  • 1 month later...

Sorry I posted a thread in a new forum. And meant to post it here. I have the mediation this week. And I have tried to hire a lawyer for this but was unable too do to finances. If needed I will scan the the summons and post it in a bit along with the "proof" the sent. And advice what I should say in the mediation? I'm a little nervous. What plan should I stick to? Do not acknowledge the debt? Ask for more proof!? I guess I'm looking for the best form of action to take. Sorry for the double post again as well

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You assert that they need to prove ownership period,,,before mediation can go further.

Hold strong to the fact you owe the plaintiff nothing, because you do not owe them a dime unless they prove ownership and assignment rights.

Make them show you the sales contract, the assignment rights, the bill of sale, and an accounting f the alleged debt from a zero balance.

 

Any evidence they offer you make them prove either by an affidavit or a witness, if they supply an affidavit you attack every statement in the affidavit as false or misleading.

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Sorry I posted a thread in a new forum. And meant to post it here. I have the mediation this week. And I have tried to hire a lawyer for this but was unable too do to finances. If needed I will scan the the summons and post it in a bit along with the "proof" the sent. And advice what I should say in the mediation? I'm a little nervous. What plan should I stick to? Do not acknowledge the debt? Ask for more proof!? I guess I'm looking for the best form of action to take. Sorry for the double post again as well

 

In my state, mediation is nothing more than an attempt to try to settle the case out of court.  It has nothing to do with requesting more documentation or discussing the merits of the case.   If neither party can agree to a settlement (or a dismissal), then the case goes back to the court. 

 

If a FL member doesn't respond to tell you what to expect in your court's mediation, contact some attorneys just to ask the question.  Some attorneys are nice enough to answer a question or two over the phone.

 

Definitely do NOT acknowledge the debt. 

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Sorry I posted a thread in a new forum. And meant to post it here. I have the mediation this week. And I have tried to hire a lawyer for this but was unable too do to finances. If needed I will scan the the summons and post it in a bit along with the "proof" the sent. And advice what I should say in the mediation? I'm a little nervous. What plan should I stick to? Do not acknowledge the debt? Ask for more proof!? I guess I'm looking for the best form of action to take. Sorry for the double post again as well

 

You might want to post the info if you have time to get more accurate responses before your mediation. Mediation in my state is just called a hearing. Most of the attorneys just try and work out a deal with you. I always refuse to say anything other than "how are you" and "no thanks". In TN they try and intimidate people without really getting into legal questions, because they assume you are already guilty.  Most will start offering to cut the amount from 25% - 75% if you will just give in. At the end of my meetings I just tell them I want a trial.

 

If your mediation if more formal I would just tell them you require more information. You would like the original contract with the OC, the list of witnesses they will be calling and any other legal information that proves what they are accusing you of. Just don't talk more than you have to. 

 

Check with @nascar. He can tell you more about how the FL court system operates. 

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Thank you so much for the help,

I looked over the documents again. They included a statement that I have with there company "portfolio recovery"
An statement I had with PayPal aka GEMB. And a couple pages of bill of sales. On the bills of sales there is nowhere I can see with my name or my account number with GEMB. I will upload those. If you like I can upload the summons as well? If it helps

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here are the summons i received, when i was served this is the only paper work i have from them at the moment. please let me know if you have any more questions. so for my plane of action will be to just deny the debt in my mediation and not agree to anything as they do not have any further proof.

summons.pdf

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wow, they did not give you anything....

 

The "bill of sale" does not in any way identify any specific account.  It does not identify you, an account number, or anything else.  That "bill of sale" does nothing to prove that they actually own any rights to any debt with your name attached to it.  I would definitely challenge that.  They need to be able to show your specific account, not just "PRA 120-Day Mid-Prime"....they bought a bunch of accounts and this one account needs to be identified and proven.

 

The affidavit, also, is junk.  There is no way that a person who works for the plaintiff can testify in a sworn statement that they can speak as to the "regular course of business" for the alleged original creditor.

 

I am not familiar with the rules of procedure in your state, and I know that others have been helping you out.  I am just stating my observations, and I know that these others know better than I do how to best use this info to aid in your defense.  I hope you dont mind me dropping in like this.

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here are the summons i received, when i was served this is the only paper work i have from them at the moment. please let me know if you have any more questions. so for my plane of action will be to just deny the debt in my mediation and not agree to anything as they do not have any further proof.

 

As you already know every state has different rules and court procedures. Its just my opinion, but I would just deny I owe PRA anything. You may or may not remember owing the original creditor anything. Just be careful how you approach this. They have provided you with a bill of sale that probably includes thousands of accounts. I don't see any direct link to you, although some judges will accept this. If you are going to fight I would ask for a trial date. 

 

Ask them who they will be bringing to testify. If they have a witness make sure its the custodian of records that signed the documents. If its anyone else then you can subpoena this witness. Depending on your state rules the downside to this is that you could be held liable for the travel cost. The upside is that they rarely ever have one show unless its for a large amount of money. If you do subpoena the witness make sure to follow your local court rules for out of state subpoenas. In my state you must give 45 days notice and you must send it through the secretary of state's office. You local court clerk should handle this for a small fee. 

 

If your state has discovery rules you will want to do this also. If they do not allow discovery request the documents in your subpoena under the section decus tucum. You will need to find out from someone in Florida how this works there. All they have given you are some computer generated documents and a generic bill of sale. You will at least want something that shows a clear chain of title and the original contract from your alleged account. Its also not a bad idea to ask for the employee records of the custodian of records to verify they work there and that they follow proper legal procedure. I would also ask for detailed information on how they keep records and a list of all security measures they take to ensure they are not tampered with. You can find a list on CIC of questions to ask this witness.

 

Keep in mind the less you say at this meeting the better. All they are looking for is a settlement and most people give in at this point. 

 

Good Luck!

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I am beyond greatfull for the help providing in this thread. Thank you all for taking the time to hear my story.

Mediation was this morning.and went very fast under 5 minutes. As I denied the charges. The mediator ask why?

I stated I do not have an account with PRA! there attorney ask if I had an account with GEMB i stated yes. And they proceeded to tell me they purchased my debt. I asked to provide me with a bill of sale and they showed me the "generic" copy

In the summons. After I stated that this was no proof and doesn't have a name or account number.they backed off. Then the mediator said it will be set for a court date.

It was funny to see the lawyers mood change from happy to you wasted my time and stormed out.

Thank you guys again for provide the help.

Now that I'm facing court with PRA what will be my next approach? To get this ball rolling? And to fight my Case.

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Now that I'm facing court with PRA what will be my next approach? To get this ball rolling? And to fight my Case.

 

You need to initiate discovery so you can flush out what evidence they have. Look into your state civil procedure rules on discovery to find out what your allowed to do and if there are any limits on requests. Start with production of documents and go from there. Expect resistance on anything you request as these JDB's never have much evidence to begin with.

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Thank you again! I'm a bit over whelmed and would like know where to start. I searched the forums for how to file a discovery.

Would be at my local court house? I'm ready to fight this! And I'm getting a more more confident withing my myself. Is there a link on the forums on any steps that would best suit why I would need to do? I'm sorry for the many questions. just wanted to make sure I take the correct steps Necessary.

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