ScrapHappy

Being Sued in Arkansas by Portfolio Recovery Associates

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When I went through two separate cases pro se a few years ago, I sent 'Request for Production of Documents' and 'Request for Admissions.'  While your case is different, it is still a JDB trying to collect money from you.

 

Since I saw the complaint from your case, I can certainly email you the 'RPD' and 'RFA' that I sent -- with some 'tweaks' specific to your case.  Of course, it will be what I used and is only my opinion as I am not an attorney.

 

No matter how legally right you are, it comes down to the judge.  Some are pro se friendly, some not.  They seem to rely more on 'weighing' the evidence more than legalities, especially in 'small claims' district court.  Since the amount being sought is under $1k, I wouldn't be surprised if the JDB attorney just dropped the case, instead of answering the discovery you will be sending them.

 

Either way, even if you were to lose, Arkansas law allows you to appeal 'de novo' to circuit court -- essentially a free pass for the case to start entirely over from scratch.  I don't believe it will come to that.  But, you should always be ready and continue to bone up on the Arkansas Rules of Civil Procedure.

 

Will be in touch!

 

Jimmy

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ScrapHappy,

 

Let us on the forum know when/if you receive anything from Plaintiff attorney.  I know we have shared PMs on your case.  The Plaintiff attorney should have received your 'Request for Production of Documents,' and 'Request for Admissions' by now.  They will either send you some 'RFA.' or drop the case. 

 

If you are near your courthouse, it never hurts to drop by to find out if anything is in your case file that you may not have received yet.  You should be ok -- but never underestimate what a JDB attorney will do.  Just be proactive to avoid surprises.

 

I personally do not think this attorney is going to drive 150+ miles round-trip, blowing an entire day on a <$1k case -- especially knowing that in a worst-case-scenario, you can appeal 'de novo' and start the whole thing from scratch again.

 

Be vigilant though!

 

Best,

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FYI.  The original poster, ScrapHappy, just let me know a 'Dismissal without Prejudice' was in the mail box over the weekend.

 

Congratulations!!!!   ::travolta::

 

Another Arkansas WIN!!

 

-J

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