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Sued by PRA in Florida - Pre-trial/Mediation


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1. Who is the named plaintiff in the suit?  Portfolio Recovery Associates LLC

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)  Pollack & Rosen

 

3. How much are you being sued for?  $1085.90

 

4. Who is the original creditor? (if not the Plaintiff)  THD/Citibank N.A.

 

5. How do you know you are being sued? (You were served, right?)  Served

 

6. How were you served? (Mail, In person, Notice on door)  In person

 

7. Was the service legal as required by your state?  Yes

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  None that I recall.

 

9. What state and county do you live in?  Florida, Osceola

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  2013

11. What is the SOL on the debt? 4 years

12. What is the status of your case? Suit served? Motions filed?  Date set for pre-trial mediation next month

13. Have you disputed the debt with the credit bureaus   No

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? Just has a date for pre-trial mediation

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

Only attachment aside from instructions and case was a credit card statement. 

 

 

First I'll say thanks for any help. I've been reading through the forums but still not sure on how to proceed, so I figured I'd ask for advice.

 

Paperwork has two counts. One is Account Stated and the other is Unjust Enrichment. As mentioned above the only attachment was a credit card statement.

 

There is a pre-trial mediation set for next month that we need to appear at, and from what I'm reading that's where we go from here. At least that's what I think, and a reason I'm posting because I'm not sure on how to proceed.

 

 

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This recent thread is pretty much your case. Post back if something isn't covered. For the Unjust Enrichment part, that doesn't really apply to a credit card case IMO since they'd be saying there's no contract which a credit card is required to have under Truth in Lending Act.

http://www.creditinfocenter.com/community/topic/325832-sued-by-pra-in-fl-arb/

 

http://www.cozen.com/Templates/media/files/A_claim_for_unjust_brier.pdf

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No. Arbitration with JAMS only forces the JDB to pay upwards of 2-10k to go to arb. They would have to pay more than they would win, if they won. Your fees would be capped at 250.00. An original creditor would go to arb, it is their agreement, but a JDB would not want to go. If successful in getting it to JAMS, most will just go away and after lower hanging fruit. But note, it is still a gamble. They could decide to go.

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These cases are usually fairly easy to fight.  I would not mess with trying to go to the arbitration route.  At the pre-trial/mediation, they are going to try to get you to sign a stipulated payment agreement or consent to judgment.  If you want to fight, then deny the debt and ask for a trial date.  They may try to get you to admit you owe something, but deny everything.  

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Let me start off again by saying thanks. The help is very much appreciated. :)

 

At the pre-trial, will they ask for the reasons to go to trial? I know you can't assume things in cases like this, but reading a lot of these posts I see a "defense" used is that they (PRA) doesn't actually own the account, I never signed a contract with them, and they don't have sufficient paperwork to prove much of this. As I said, they only supplied a card statement.

 

Just not sure what to expect at the pre-trial as this is a first for me.  Thank you again.

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You're not only disputing that the JDB has standing or actually owns the account, but you also want to dispute the underlying debt.  Just answer questions with I don't recall.  For example if they ask you if you ever had a credit card with the original creditor, if you ever received any statements from the original creditor, etc., just say you don't recall having an account with them or receiving any statements.  If they ask you if you ever received any notice of assignment, (and most likely you didn't), then you can answer that 'no', unless you did in fact receive a notice.  

 

The JDB wants to settle the case and get you to admit something so they don't have to prove their case.  They are after the easy win, the default judgment, the consent to judgment, or a stipulated payment agreement.  You, on the other hand, want them to have to prove their case.  The pre-trial is not where they try to prove their case, but they may still try to get you to admit to something.  And if you do, it can and will be used against you later.  The less you say, the better.  Just dispute the debt, dispute the assignment, and tell the judge you want a trial date and need some time to do discovery.

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  • 3 weeks later...

Also had something interesting happen while waiting. Was approached by a lawyer who stated he was working for the "other side" (meaning JDBs) that day. Then he went on to tell us how he can refer us to a firm that takes these cases at no cost because they usually get them dismissed and then get the fees paid to them or something like that.  

 

I gave him my email but of course didn't hear anything back. Anybody heard of that happening before?

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That seems like a bit of a conflict of interest.  If you want to seek out an attorney, I'd search for one yourself or get a recommendation from someone other than an attorney who generally represents JDBs.  Most all attorneys that represent defendant debtors will ask for attorney's fees from the other side.  I always do.  The attorneys that take these cases at no charge upfront usually only do so if there are clear FDCPA or FCCPA violations on the part of the JDB.

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@ObiwanShenobi

 

I wouldn't mess with that lawyer who contacted you in court.  Seems shady to me.  If you want to hire a lawyer, I would recommend that you send a PM to @LawKitty to discuss the possiblity of her representing you. There is no charge for a consultation.  She is an  excellent FL consumer lawyer who has represented a number of posters on this board who have hired her.  She is also a very kind and caring person who generously donates a lot of her time here to help others with her comments.

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  • 1 year later...
54 minutes ago, houhou said:

ok, sorry! Just thought I'd try my luck since this case seems similar to mine..a lot of the threads I read don't seem to post an end result in FL after mediation..any suggestions? Thank you!

There's no need to apologize.  :)    

I'm going to respond in the thread that you started.

 

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