MrEous

Being Sued by PRA - Citation in TX District Court

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I suppose they are allowed to but they won't now that they know what they are up against.  

If it were thrown out by the judge for a technicality or something like that then there is a chance they would refile but since they voluntarily dismissed it in lieu of  answering discovery there is about a 99% chance that they will leave it alone.   

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1 hour ago, CCRP626 said:

@MrEous whatever happened with mediation? Congrats on the dismissal.

Thank you.

The mediation basically went like this...I arrived and spoke with the mediator separately in another room, they explained their purpose (neutral party) and the process of mediation.  Thought it was strange but the mediator said PRA has a good case and the lawyer is fair but was probably going to lean towards PRA in judgement...I really felt like I was somewhat 'bullied' by them, suggesting if I lose I'd pay the plaintiff fees along with the full amt of the debt (which is true but the tone throughout made me feel like a child).  While in the room with the Plaintiff's lawery, I never admitted to ever having the account and asked for ppwk showing charges where the amount would have amassed from...also asked for charges that specifically showed I could have made them as well as any documentation showing I opened the account.  Near the end of the mediation the PRA lawyer basically said what he has is all he was given and that he would get back with PRA in Virginia to see if there was any other ppwk he could supply.  We left it at that, we never talked about an offer for payoff - which I wouldn't have taken anyway.

PRA only had ending statements that showed a full balance on an account with my name on it.  Prior to  mediation I sent a certified letter to PRA & Court asking for the forward flow agreement...after mediation (30-40d after forward flow request) I followed up with a certified letter to Court & PRA for a Motion to overrule objections and compel discovery responses; as suggested by @texasrocker :)

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@MrEous well that mediation sounds like a waste of time. Was it mandatory and were any fees required to be paid (that excessive $1,000 mentioned earlier) or owed just to hear that?

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The mediation was definitely a total waste of time but was mandatory, as the judge thought it could be settled before trial...I had to pay $500 for it - PRA also paid $500

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@MrEous appreciate the reply. Knowing that, for future defendants, if this is mandatory and if your cardmember agreement has private arbitration in it it seems like MTC Arb right off the bat is the way to go to get this out of court. That would be $250 or less.

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This is the first time I have come across such "mandatory" mediation.  I am assuming it is specific to the case being in a district court.  Also it is the first time I have heard of a JDB showing up at a court hearing without encouraging a settlement.  Weirdness.  

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