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I apologize in advance if proper procedure to post for help isn't followed ... After researching so many forums, I'm quite lost. So here goes ...

We currently have several credit cards that are in default approximately 18 months. Really wanted to not do a BK, but looking into it just in case. Had wanted to settle the debts. but with different creditors, sold to multiple JDB, this is well, overwhelming!

Recently was served notice of request for judgement from Portfolio Recovery Associates for a Citibank/Sears account.

 

1- filing was not in proper county of residence against us. - As such, we replied with a Objection to Complaint/ Motion To Dismiss. Spoke to that county clerk of court and she advised that was correct because its not in the proper county and they would likely dismiss and refile in our county. Basically, we are buying time here to find a solution and enforce proper case management.

 

This is the first of proceedings that we are aware of. Assuming we elect to not BK the debts (or don't qualify), how can we properly defend against a JDB ourselves and/or obtain settlements with multiple accounts. 
 

We have 1 Citibank/Sears, 3 Chase accounts (all in default) and a BOA that is not in default.

 

Any assistance and advise is greatly appreciated.

 

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For the filing, was it a past residence? How were you served/how did they locate you?

You may want to contact a NACA attorney since it sounds like an FDCPA violation-

 

bring such action only in the judicial district or similar legal entity—

A) in which such consumer signed the contract sued upon; or
B in which such consumer resides at the commencement of the action.
 
This will help with answers-
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The "address" we were served via certified mail, was correct, is our address .. However, the county they filed the case for complaint is NOT correct.

What is NACA and FDCPA ? Thank you for your time and reply!

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NACA- http://www.consumeradvocates.org/find-attorney

FDCPA (Fair Debt Collection Practices Act)- https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Ohio has its own version but not sure if it improves on the FDCPA.

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Thanks very much! Im trying to copy and post the Q&A link you posted ... not working for me just yet, but I'm trying! Ok ... I can't get it to paste here ...

Help ??? I copied from your link to paste and reply, but it doesn't show up when I select to reply ?

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If you are using Windows 11, you will have trouble pasting. You need to back down to Explorer 10 or use another browser.

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If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit. PORTFOLIO RECOVERY ASSOCIATES

3. How much are you being sued for? $4842

4. Who is the original creditor? CITIBANK (Sears)

5. How do you know you are being sued? CERTIFIED MAIL SERVICE

6. How were you served? CERTIFIED MAIL SERVICE

7. Was the service legal as required by your state? NOT SURE

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in? OHIO, FAIRFIELD

10. When is the last time you paid on this account? Approx 2012

11. What is the SOL on the debt? To find out: I believe 6 YEARS

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? COMPLAINT FILED BY PLANTIFF, ANSWER BY DEFENDANT OBJECTING TO COMPLAINT/MOTION TO DISMISS AS WAS FILED NOT IN PROPER COUNTY

13. Have you disputed the debt with the credit bureaus NO. First we knew of this agency

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

15. How long do you have to respond to the suit? (This should be in your paperwork). WE HAD 28 DAYS. TO ANSWER COMPLAINT

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? BILL OF SALE AND ASSIGNMENT (signed by Citibank rep)- no reference in document of our names, account number or such. COPY OF A ACCOUNT STATEMENT dated 6-9-13

I'm trying to prepare for this to be dismissed and refiled in our county, how do we best defend/settle. Should and how do we invoke arbitration??

Thanks for any and all input!!!

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Find a Citibank Sears credit card agreement during the time you were in good standing with the account. Read it. Does it have a JAMS arbitration clause in it? If it does, you can demand arbitration when they move/ refill in the proper venue. You would want to file the same type thing you did before, motion to dismiss or in the alternative stay case pending arbitration. Venue is in the wrong forum, and JAMS is the proper venue per the card agreement. Then in the motion you use the agreement as your compelling agent. Some Ohio case law to back it up will help make your case.

Here is some good case law in this Appeal. https://scholar.google.com/scholar_case?case=18405570216271373643&q=JAMS+arbitration&hl=en&as_sdt=4,36

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@buckiB

 

It is a violation of 1692i of the FDCPA if they  sued you in the wrong county. Go to www.naca.net and consult with several consumer lawyers.  A consultation is free.  If you have a valid case they will file suit against Portfolio and represent you on a contingency basis, meaning their fee will be paid by Portfolio.

 

 

https://scholar.google.com/scholar_case?case=10291077731686871390&q=fdcpa+1692i+county&hl=en&as_sdt=2003

 

 For purposes of the Act, 776*776 "judicial district," although not defined, has been held to mean "county" when determining whether a state court action has been filed in the proper judicial district. Blakemore v. Pekay, No. 94 C 3418, 1995 WL 399460, at *7 (N.D.Ill. June 29, 1995); Newsom v. Friedman, No. 94 C 5312, 1995 WL 76869, at *2-*5 (N.D.Ill. June 27, 1995); Dutton v. Wolhar, 809 F.Supp. 1130, 1139 (D.Del. 1992). Violation of the Act's venue provision is sufficient to establish liability. See, e.g., Fox v. Citicorp Credit Serv., Inc., 15 F.3d 1507, 1515-16 (9th Cir.1994)Scott v. Jones, 964 F.2d 314 (4th Cir.1992)Martinez v. Albuquerque Collection Serv., Inc., 867 F.Supp. 1495, 1502 (D.N.M.1994).

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Hello ! Update .... and thank you ALL for your time and shared knowledge to assist me ... quite refreshingly helpful !

We had been waiting since I filed motion to dismiss for improper venue. Received a notice of hearing set for today. Called the clerks office to discuss, and was told the case was dismissed on 06/12, but I was never notified, never received anything ??? Verified on the courts docket, shows dismissed. Further I checked my resident and correct county and there has not been as of yet a new filing.

Further, I spoke with a consumer law attorney who advised that basically with the case dismissed and if I were to file a claim for FDCRA violations, they would counter with "well you owe us more",, so he said its not worth pursuing? Goodness knows the violations though between improper venue and credit report filings.

At this point, do you all have any recommendations to my case that I can stay proactive in defending or removing this item from our life and file altogether ?

Thank you so much for any and all input!

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@buckiB

 

if I were to file a claim for FDCRA violations, they would counter with "well you owe us more",, so he said its not worth pursuing?

 

 

The attorney is correct.

 

Both PRA and their attorney could be liable under the FDCPA which could result in a potential $2000 award for you, but they could countersue for the full amount of the debt.

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If I wanted to be proactive, I would send them a letter that demands arbitration with JAMS.  I can file with JAMS now, so if they did refile, the Judge would kick it out of court.  If my contract said they agree to pay my fees, I would ask Jams to hold it until they paid the fees.   I doubt very seriously if that JDB would go to JAMS.  So their choice would be go to JAMS, or let this account die on the vine.

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@WhipItGood

 

From what the OP wrote, it appears that the case has not yet been dismissed.

 

Recently was served notice of request for judgement from Portfolio Recovery Associates for a Citibank/Sears account.

 

1- filing was not in proper county of residence against us. - As such, we replied with a Objection to Complaint/ Motion To Dismiss. Spoke to that county clerk of court and she advised that was correct because its not in the proper county and they would likely dismiss and refile in our county. Basically, we are buying time here to find a solution and enforce proper case management.

 

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Hello ! Update .... and thank you ALL for your time and shared knowledge to assist me ... quite refreshingly helpful !

We had been waiting since I filed motion to dismiss for improper venue. Received a notice of hearing set for today. Called the clerks office to discuss, and was told the case was dismissed on 06/12, but I was never notified, never received anything ??? Verified on the courts docket, shows dismissed. Further I checked my resident and correct county and there has not been as of yet a new filing.

Further, I spoke with a consumer law attorney who advised that basically with the case dismissed and if I were to file a claim for FDCRA violations, they would counter with "well you owe us more",, so he said its not worth pursuing? Goodness knows the violations though between improper venue and credit report filings.

At this point, do you all have any recommendations to my case that I can stay proactive in defending or removing this item from our life and file altogether ?

Thank you so much for any and all input!

@buckiB

If you get a dismissal with prejudice, great.  If it is dismissal without prejudice,  you have a year since they sued you in the wrong county to bring your FDCPA claim, so if they try to sue you again within another, what 10 or 11 months, you can get a lawyer to counterclaim against them.   Just wait and see.  You did well for yourself.

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Verified on the courts docket, shows dismissed

 

Thank you.  I missed that post.  :-)

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@WhipItGood

 

You're not nuts.  :-)  I didn't see that post.  My fault. 

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