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Kmark94

Friend being sued by JDB

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Was this a store card? GE has a JAMS clause in all their store cards. Synchrony bank took over GE. If it was a care credit card for medical, GE got into a lot of hot water for illegally charging unserious interest, there may be other defenses there if it was.

If it was like a lowes, or some other store, we can help you find an agreement that would suit you better.

If it were mine, I would find the agreement, and send them a letter demanding JAMS. Then file a claim with JAMS . ( see the ARB forum). the agreement may have a clause that they will pay your costs for ARB. If so, file with JAMS and tell then plaintiff has to pay. They may ask for some money to get the ball rolling, but don't worry when the plaintiff won't engage in JAMS you will get that back. You are capped at 250.00 in JAMS.

then file a motion to dismiss, or in the alternative stay case pending ARB as stated in the agreement. Attach a copy of the demand letter you sent plaintiff, a copy of the jams paperwork you filled, and a copy of the agreement.

It will cost portfolio 2k and up to go to jams. They won't for a 1k debt unless they get a wild hair up their behind. When JAMS closes the account for the other party failing to engage, you go back to the court and file a dismissal for their failure to ARB. If they sell the debt, you have already elected ARB.

That's what I would do. Or you can file an answer, and try to beat them on standing.

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Hello, A friend is being sued by Portofolio. 

 
I would like to know what my next step should be, Should I respond to their response with a sworn denial or wait for judge to rule?

 

 

Your next step should be to have your friend come here and start doing this himself and you stop practicing law without a license.  You cannot represent him in court and if you do all this for him he will get steam rolled on the trial.

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1. Good job with the MTD. I would request a hearing on that ASAP. PRA is right they can amended it, but as it stands right now they are in violation of Rule 10. If they cant get the documentation by the hearing date, then they would be out of luck.

 

2. As @Clydesmom pointed out, technically what you are doing could be considered the unauthorized practice of law. I would  make sure you friend is actually familiar with the arguments he presents to the Court.

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Notice they are asking for attorney fees for responding to "your friends" motion to dismiss.  If the judge finds the motion frivolous, you may have just increased "your friends" judgement.  There is a reason the court does not allow non lawyers to prepare filings for others.  I would file a simple denial with arbitration as an affirmative defense, and get this out of court.

 

For a $1k claim, the attorneys fees could be half of that for that MTD. 

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Notice they are asking for attorney fees for responding to "your friends" motion to dismiss.  If the judge finds the motion frivolous, you may have just increased "your friends" judgement.  There is a reason the court does not allow non lawyers to prepare filings for others.  I would file a simple denial with arbitration as an affirmative defense, and get this out of court.

 

For a $1k claim, the attorneys fees could be half of that for that MTD. 

 

 

From what I have seen, its not uncommon(at least in AR) to "ask" for attorney fees in every motion or response. It's pointless considering attorney fees are only allowed by statute or court rule. Basically, you can't get attorney fees just for beating any motion.

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@ if you need help, please post and ask questions. Don't worry about the negative stuff there are plenty of us to help.

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