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Arkansas

Portfolio Recovery Associates, LLC Suing me in Arkansas

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@debtzapper

 

 

Maybe he was referring to post # 20 by goody

 

Okey dokey.  But, the JDB is reporting correctly.  The amount being reported by the JDB is the same amount on the OC's charge-off statement.

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To the original poster....

 

Fellow forum member, @ScrapHappy received a 'dismissal without prejudice' from the attorney for 'Portfolio Recovery Associates.'  FIGHT BACK!

 

Good luck!

 

-J

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I have a lawyer....and he has found a few other things :-)

 

I can not post about them at the moment but will share after its said and done :-)

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@Arkansas

 

                                                             

 

I have a lawyer....and he has found a few other things :-)

 

I can not post about them at the moment but will share after its said and done :-)

 

                                                                                            YES!

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OK I guess the lawyer thought he had something....

 

The lawyer from VA was not listed under the arkansas bar, but she is listed under her married name so thats out the water. Meanwhile he says he can not take the case unless I hire him :-( Since he has no counter suit.

 

I need to have the complaint answer like today or tomorrow...the 6th...holy f*ck

 

I need some advice fast so I can at least file a answer by tomorrow :-(

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There are a couple of options:

 

1. File your answer tomorrow.

2. File a Motion for an enlargement of time, to provide an answer

3. File an answer, and at the same time a Motion to Compel Arbitration

 

Depending on how prepared you are, filing a motion for an enlargement of time maybe your best shot.  Request another 30 days to answer.

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I am not prepared at all :-(

 

I thought the lawyer had something for sure...they was ready to sue if she was a VA Lawyer and they could not find her listed in the arkansas bar, but today they called and she is listed.

 

Im hoping for someone to show me what i need to even file the answer @Jimmy E  @ScrapHappy 

 

I will work on finding how to file tonight. 

 

Little stressed out right now :-(

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The answer is relatively easy to do.  You have to give an answer to each of the 6 line items in the complaint:
 
Something like this (this is an example only):

1. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.
2. Affirm
3. DENIED - This court does not hold personal jurisdiction, as he elects binding, contractual arbitration.
4. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.
5. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.
6. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.

Affirmative Defenses

First Defense - This court lacks jurisdiction, as Defendant elects private, contractual Arbitration to resolve this dispute.
Second Defense - Plaintiffs action is barred by the applicable statute of limitations

etc...... You can find more affirmative defenses here: http://www.creditinfocenter.com/community/topic/310699-lets-have-a-discussion-on-affirmative-defenses/?p=1131168

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You can do a motion to dismiss in lieu of an answer. Here it is in your civil rules.

https://courts.arkansas.gov/rules-and-administrative-orders/rules-of-civil-procedure?body_value_op=contains&body_value=Motion+to+dismiss

I would save the time of having to answer then trying to compel arb. If this is what you want to do, you file a PETITION TO COMPEL PRIVIATE CONTRACTUAL ARBITRATION AND MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE PENDING ARBITRATION.

You will have time to answer the suit IF the judge denies your motion.

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I told you on the previous page where to get a card agreement, you would need to get that, highlight the arb clause, and send that in with your motion.

The plaintiff's get a copy of it, you send it to the attorney, anything you file in court.

Send it CMRRR.

here is a sample motion, change the words in there to say exactly what your agreement says in the arb clause. Then file and wait for the judge to rule.

PETITION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND MOTION TO DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

NOW COMES Defendant, appearing Pro Se for its Petition to Compel Private Contractual Arbitration and as grounds thereto states the following:

1. That on or about XX/xx/xxxx, Plaintiff filed its Complaint against Defendant

2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit A attached).

3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

(B) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

4. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , "http://www.law.corne...us-cite?546440"] 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , "http://www.law.corne...us-cite?489 468"] 489 U. S. 468, 478 (1989) ."

5.The Defendant elects arbitration with JAMS to settle this dispute.

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement.

Respectfully submitted this day xxxx, 2015

Me, Defendant, pro se

VERIFICATION BY AFFIDAVIT

Personally appeared before me, the undersigned, who on oath states that the facts set forth in this MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION are true and correct to the best of (his/her) knowledge and belief.

_______________________________________

XXXXXXXXXX, Defendant Pro Se

Witness my hand and official seal this the _________ day of __________, _________.

(SEAL)

____________________________________

Notary Public

My Commission expires:

____ / ____ / ________.

I CERTIFY that I mailed a copy of this MOTION to:

XXXXXXXXXXXXXXXXX., Plaintiff's attorney

Their address

By: Your name typed, Defendant

Date: __________________, 2015

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Well your account was with GE, and syncrony is their new name. It was only a name change. Their agreements all stayed the same if you look at GE website. So it would be the proper agreement.

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@Arkansas

 

They will want to see a Credit Agreement from a period of time in which you were using the account.  Meaning if you stopped paying/charging in 2013, then you'll need a 2013 or earlier card agreement.

 

I've pulled a 2012/2013 Agreement from the CFPB website (where creditors are required by law to post agreements).  I've attached it to this post.

 

Also, @shellieh98 and I are assuming you want to use Arbitration, in lieu for fighting this out in court.  It's probably your best shot, but it's up to you.

creditcardagreement_6755.pdf

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Just my 2 cents:

 

This is in district court. If you decide to fight it out in district court and lose you can appeal de-novo to the circuit court(meaning, the case basically starts over, however, the appealing party has to pay the $165 filling fee). At which point you could then file a mtc arbitration.

 

From my experience, very few, if any, JDB appeal their loses in district court.  Also considering that their attorney appears to reside out of state, I don't see how she would plan to appear at hearings or for the trial.

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I actually filed a answer.....

 

Answer to complaint :
 
1. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.
2. Affirm
3. DENIED - This court does not hold personal jurisdiction, as he elects binding, contractual arbitration.
4. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.
5. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.
6. DENIED - The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this information.
 
Affirmative Defense - This court lacks jurisdiction, as Defendant elects private, 
contractual Arbitration with JAMS to resolve this dispute.
 
but let them know at the same time I planed on using JAMS as my defense :-)
 
So maybe they will drop it...if they dont i can always fall back on the appeal if it goes that far.
 
Thanks so much for all the info.
 
I will post the outcome.

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@Arkansas

 

I would warn against playing a defensive position.  If you want this to go away, then you need to be offensive in your strategy.  If you are looking to elect Arbitration, then you need to follow through with it.  

 

It's good that you filed your answer, but now it would be wise to immediately follow it up, and file a Motion to Compel Arbitration & Dismiss/Stay proceedings.  

 

@shellieh98 posted the MTC Arb in a previous post, just replace the information with your own.  This is your leverage.

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They are going to ignore your affirmative defense. They will proceed by sending you some discovery as fast as they can in hope you will answer it. The point of using it as an affirmative defense is so the court can't say you waived your right to arb by answering, and not using it.

If it were me I would file the compel tomorrow.

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I actually already got it ready to go....

 

I did it last night after your advice :-)

 

Im going to wait and see what they send back first, but that is the next bullet.

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I actually already got it ready to go....

 

I did it last night after your advice :-)

 

Im going to wait and see what they send back first, but that is the next bullet.

 

This is the point, you don't want to wait, if you are going to file for Arbitration.  By waiting, you may waive your right to arbitrate.  Why complicate matters.

 

@shellieh98 opinion is a good one - I'd compel arbitration tomorrow also.

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