Jump to content

Arkansas, PRA LLC vs Me - questions about motion to stay/counterclaim

Recommended Posts

I am being sued by Portfolio Recovery Associates, LLC in Arkansas. The complaint was the standard "you owe us money" JDB stuff, and the only supporting evidence provided was an affidavit. I plan to file my answer along with a MTD pursuant to Rule 10(d) tomorrow, but am also looking at filing a Stay until the Supreme Court here rules in Simpson, something similar to this case's MTS, https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=OV4X0JA8IJLWBU2F1GIB939NIN25MT 


Am I required to file a counterclaim to get this question before the court to even support a MTS or what? PRA does not appear to be licensed by the state.

Link to comment
Share on other sites



^^^Another Arkansas member is being sued by the same JDB, there are a few posts about licensing in that thread.


Regarding licensing and counterclaims,  I do not believe you would have to counterclaim in order to file the "Motion To Stay". In your motion you would point out that the Supreme Court is currently deciding whether entities without licenses, such as PRA are allowed to file suits to collect debts, and the SC's decision in that case would determine if PRA is legally allowed to file suit against you. If you want to go on the offensive, you could file a counterclaim under the FDCPA.


Either way, I would contact any of the Plaintiff/Petitioner Attorneys on the certified question sc case, from what i can tell, all of them have very excellent track records as consumer attorneys.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • 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.