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Need Help w/ Leave of Court


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Being sued in small claims, Kendall county, by PRA. Amount in dispute is 2 charged off cc, allegedly around $900 each.

We're wanting to file an MTC Arb but I've read the rules about SC and it seems as though we're required to file/ask for leave of court in order to file the MTC.

I've googled and asked others and read the rules and statutes and cannot understand what we're supposed to do. A great person from DB directed me here.

Can anyone help? Thanks so much in advance.

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Thank you so much! Law firm is good ole' Blatt et al. Maybe I should give a bit of timeline?

 

DOFD is 11/2009 on 2 cards, both a few hundred each (hsbc and cap1)

 

PRA bought the debt.

 

DV'd and elected arb w/ PRA a year ago.

 

Started getting letters from Blatt in Sept. and Oct. 2013, again DV'd and elected  arb. No response.

 

Blatt filed suit end of 2013. In the WRONG county.Two different SC suits for each card, which amount has been jacked up to about $1K each. No contract attached, doesn't state what the complaint is for (i.e. no breach of contract or account stated). It just says PRA bought the debt, the debt is owed, there is an affidavit attached from a keeper of records at PRA, and it prays for relief of the money. 

 

Went to court, asked for dismissal, court ordered a transfer to correct upon payment of transfer fee.

 

Got a letter in mail end of June that was a notice hearing in the correct county for end of July. Now, there is only one case number. (double checked online)

 

I found the card agreements for both cards that have JAMS. 

 

Based on posts at DB and Linda's thread here on arb, I put together a MTC Arb, the affidavits that need to be signed regarding the card agreements, and the notice. I also am keeping track of FDCPA, TCPA, FCRA violations which are mentioned in my JAMS demand. 

 

I'm just at a total loss as to this leave of court. I don't want them to have one opportunity to wiggle out of this. 

 

Thanks so much for your help and taking the time to read all this!

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I believe you ask for it in your motion. "Motion to stay proceedings & compel to arbitration". Should do it. Look around for some good formats, include your jams agreement, and if you really want to compel file it with jams now and send the paper work that shows you did with the motion.

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Just in case, we have a call into Edelman. I should know in the next few days if they feel like taking the case. I don't expect them to, but you never know right?

 

In the meantime, I have all the motions ready to go I think. In Linda's MTC does anyone know if those website links are supposed to be cited or are those just for our reference and we remove when writing the motion?

 

JAMS demand is all set and I thought I would include a copy of that as an exhibit with the MTC to show it has already been initiated. That way there is less wiggle room. 

 

So to sum up:

 

JAMS is ready to go. 

MTC Arb is just about ready once I know about the website links. Only thing Im struggling with is, there are 2 different accounts they are suing on, but only one case number. I'm confused about attaching 2 card agreements OR filing 2 MTCs, For JAMS.

Leave for Court done 

Order to stay/dismiss upon granting MTC done

Have copies of card agreements

Have affidavits for agreements ready to go

 

 

I cannot WAIT until this is just done and we can move on with our lives! 

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did they combine the cases? are you sure? If they combined them, did they send you new paperwork with the balances combined? or anything to lead you to believe it is one case now? It does not make sense they would file one case for 2 cards that were from different original creditors.  Are you sure in their sloppiness they only paid the transfer fee on one case and not both?

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did they combine the cases? are you sure? If they combined them, did they send you new paperwork with the balances combined? or anything to lead you to believe it is one case now? It does not make sense they would file one case for 2 cards that were from different original creditors.  Are you sure in their sloppiness they only paid the transfer fee on one case and not both?

 I think so and here's why: When I double checked the case numbers on the previous county's website, they were two entries, BUT they were the same case number. The whole thing is extremely confusing. 

 

I'm wondering if there is any insight as to what the timeframe is to file motions. Like, you have to do no less than 30 days prior to the hearing? Or, no more than 30 days upon receiving a summons. I can't find the answer; the only thing I keep seeing is an answer is not required for small claims. 

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