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Sued in Gerogia by PRA LLC


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I have been sued in Magistrate Court in  Georgia by Portfolio LLC for a Home Depot credit card through Citibank bought by Portfolio April 2015 and they never contacted me until I was sued earlier this month. . I need help how to answer this . This account was open in 2011 with Home Depot line of credit $2000, being sued for $2445, the SOL in GA is 6yrs. They attached a old bill from Home Depot last paid in 10/2014. Bill of Sale and affidavit. Requesting help of how to move forward with this, I have a little over a week to answer.

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26 minutes ago, Warrior said:

a Home Depot credit card through Citibank bought by Portfolio April 2015 and they never contacted me until I was sued earlier this month. .

Georgia law does not require PRA to contact you prior to suing.  PRA has actually stopped contacting consumers due to their flagrant violations of the FDCPA and a recent settlement with the CFPB.

27 minutes ago, Warrior said:

I have a little over a week to answer.

Fortunately Magistrate Court does not require a formal answer and does not allow discovery.  Most Magistrate Courts have a pre-printed answer form that you can use.  Simply check off "Deny" and that you will go to trial.  Then SHOW UP on the date/time the court sets it for.  That is when you have a Motion to Compel Arbitration typed up and ready for the Plaintiff's counsel (PRA NEVER follows a consumer into arbitration) along with a Motion to Dismiss.  

PRA is looking for the low hanging fruit/default judgment.  Consumers who fight back they walk away from.  Also, read their settlement with the CFPB where they agreed not to file suits without certain documents.  Ensure they have those or they are in violation of the consent judgment with the CFPB.

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If you search around - or look at my posts - you will see lots of cases dealing with GA Magistrate court.  The short of it is this:  Put the pressure back on them and they back down.  Either file a counter claim for violations of FDCPA, TCPA and/or FCRA, or use the arbitration clause in the card agreement to demand arbitration instead of court (because arb cost them several thousands but caps your fees at $250 at most and sometimes much cheaper than that even).   The key is to stick with your guns which ever you choose.  On your court date they will try to talk you into making payment arrangements in a consent judgement.  They will lie and say things to scare you, but as long as you remain focused and show them that you are not afraid to bring your counter claims or motion to compel arbitration to the judge, they almost always give in and will agree to file a mutual dismissal.

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11 hours ago, debtzapper said:

We have also had success with just litigating the case in court.

True but what county the case is in greatly affects the chances of success in litigating.  Larger counties such as Fulton lend towards success due to them being run by actual judges who know the law.  Especially Gwinnett and Cobb counties too.  The Magistrates in those counties got REALLY tired of Freddie Hanna and his robo-suits clogging their courts at the expense of consumers.  These cases are also most likely turfed to a "rent-a-lawyer" who knows nothing about the case/law and was given no supporting documentation and is grossly unprepared to defend their case.

If you are in a smaller rural county then the good ol' boy network still very much exists and you are likely up against the Magistrate's hunting buddy who he will rubber stamp a judgment for then go drinking on the money they garnish from you.

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@Warrior please advise what county you are being sued in.   Look for the credit card agreement that applies to your account so you can find out exactly what the rules are in your specific case for electing arbitration.   This is the best place to start for that http://www.consumerfinance.gov/credit-cards/agreements/  

Have to be careful to make sure the rules of your agreement state if you are required to actually elect arbitration BEFORE trial or not.  In my case against Barclays it was required.  

  In the meantime also prepare your Answer document to deny the claims.  Do it before your due date.  You can take three copies to the county court clerk office and sign it in front of the clerk.  They will stamp all of them.  One for the court and  two for you.    If you county court does not have a pre-populated form online, we can point you to an example.  It is very straightforward.

Based on the amount of their claim, confronting them to arbitration seems to be your best bet.    

Do not be intimidated by them.  That is what they always try to do by lying to you.

 

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  • 3 weeks later...

Not sure if I understand the arbitration process. This is for a 2011 Home Depot account (citi bank) I had already filed my answer just saw the info about arbitration can I mentioned that In court or it had to be already address in my answer? I'm confused. My court date is this week. Can some please explained what exactly is the arbitration option. I still don't understand this process!

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Did you file a counter claim?

You need to read the arbitration section of the card agreement.  This is what you need to understand the most.  This tells you about your right to arbitration and how to file it.  You don't have to file right now, you simply need to know that you have a right to it.

Again, like I said before, if you search my past posts you will find lots of info on arbitration and Georgia cases.  You will even find a sample motion to compel arbitration.

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