Jump to content

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


Recommended Posts

@squares

 

The discovery rules are in your Rules of Civil Procedure.   In most states, discovery consists of a Request for Production of Documents, Request for Interrogatories, and a Request for Admissions.

 

A request for documents is just that...a request for the documents you would like them to produce.

 

Interrogatories are statements that request specific answers.  Example:  State the date of last payment Plaintiff alleges was toward the alleged account.

 

Admissions are requests to admit or deny.  Some people wait to send admissions after receiving responses to document and interrogatory requests.   The purpose is to tailor the admissions to those responses.   For instance, if the plaintiff can't provide more than a few billing statements, you might request that plaintiff admit that they can't provide a complete accounting of the alleged debt. 

 

But, you'd have to make sure that your rules allow for you to send requests at different times;  that you don't have to send them all at the same time.  Also, some rules limit the amount of requests that can be sent.

Link to comment
Share on other sites

thank you @bv80 

 

ive been searching the forums and looking up the information to file a discovery. is there a link for a template could use for this? i search and i cant seem to find anything. maybe im just searching wrong. im also reading up the rights to discovery in florida. not to long ago i recieved interrogatories,request for production and request for admission from Capitol one. for another case i was dealing with. so would this mean that florida laws allow discovery? 

 
Link to comment
Share on other sites

Here are some requests for documents.  you need toeither make your own court paper, or find a blank template.  Look at the paper they sent you anything on, and make the top with all the court info everything look like that.

then you send this to them certified return recipt requested.  Look in your civil procedure rules and see if you need to include a verification of service with the court.  You will not file this with the court, but you may need to file the verification with the court, depending on your rules.  We can do rogs and admits when you get your answers from these from the plaintiff.

They will probably send you some, sometimes I like to turn around all their rog questions, and ask them the same things. :-)

long list of demand for documents.docx

Link to comment
Share on other sites

@squares here are your rules of civil procedure: http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf?OpenElement

 

Discovery starts in a section 1.280. Section 1.340 is on Interrogatories. Section 1.350 is on production of documents. 1.370 is on requests for admissions. 

 

Discovery generally isn't filed. It's between the parties unless your state and/or local rules say otherwise. There are quite a few examples on here, along with a few different strategies on how to proceed. My preferred method is to send document requests first then admissions based on what documents they didn't send along with a number of case killers in case they fail to answer in the allotted time. 

 

What to request for documents is dependent on what evidence you received with the complaint. The goal is to flush out what evidence the other party has. Things of interest are; the complete bill of sale if they claim to own the account. Any other bills of sale that tract the account back to the original creditor. If they're an assignee, their documentation proving assignment. A full accounting of the account to prove amount requested is correct. The credit agreement(s) governing the account. 

  • Like 1
Link to comment
Share on other sites

@squares

 

I found this link on the FL Supreme Court website for mediation procedures.

 

http://www.floridasupremecourt.org/pub_info/summaries/briefs/04/04-2482/04-2482_AppendixA113004.pdf#xml=http://199.242.69.43/texis/search/pdfhi.txt?query=%22Rules+of+Civil+Procedure%22&pr=Florida+Supreme+Court&prox=page&rorder=1000&rprox=1000&rdfreq=500&rwfreq=500&rlead=1000&rdepth=0&sufs=2&order=r&cq=&id=51bf48c09b

 

I found rules of civil procedure on the FL Bar Association website.  You just need to make sure that all of the rules apply to your court (county, district?)

 

In my state, the supreme court rules apply to all of the county courts.  However, in some states, while most of the supreme court rules would apply to all courts (general rules), there might be a few rules that would be specific to each county. 

 

http://www.floridabar.org/TFB/TFBResources.nsf/0/10c69df6ff15185085256b29004bf823/$FILE/Civil.pdf

Link to comment
Share on other sites

did i mention you guys rock yet! thank again i will keep you updated asap!

Look forward to seeing your results.I have mediation in a month.  Will handle in much the same way. I'm considering a lawyer if I lose the fortitude to research Texas CIvil Procedures etc.

Link to comment
Share on other sites

For Texas residents: go to Amazon and find O'Connors Guides to Texas Civil Procedure Texas Civil Forms. Both can be had for 25-40 each used, there is no need for the a 2013 edition. For Civil Procedure; 2012 or 2011 and Forms is 2011 or so. These are PRICELESS in helping you. The Forms might well help with templates that will appear quite professional for other States but may not be accurate

Link to comment
Share on other sites

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.

 

Sorry race car, but can I bring up an important issue? One must not send a court a letter, courts do not care about a letter. In order to get a court to do something we must MOVE the court, we move a court by motions, so we send the courts a motion. Not trying to be an a$$ or any thing. I know that you are pretty good with giving posters very good advice, but I just wanted to bring this up.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.