JoshS

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

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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.

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@Ironingboard is an Arkansas member who has posted on that topic of licensure.  I think the Cook Law Firm is handling that case.  Maybe Ironingboard will respond or try to contact the firm yourself. www.halcookattorney.com

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http://www.creditinfocenter.com/community/topic/324028-arkansas-portfolio-recovery-associates-vs-myself-and-ex-wife/

 

^^^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.

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Thanks for the responses guys, very helpful. I've tried to use search as much as possible, but sometimes you just need clarification. Thanks again

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