Wisconsin-JDB Lawsuit With No Apparent Service

[ITProfessional]

Hello All,

Second post. First post was introductory that illustrates my background, knowledge and areas of expertise.

This one specifically describes a lawsuit filed against me. What's really bad about this is that I am mostly alone with this. I have not disclosed this to friends or relatives.  (As I do not know anyone likely to respond to help anyway.) There was little time to respond in time to file answer once verified as fact. I am looking for a path with the least cost and damage. This hit me at the worst possible time when other issues are happening including the loss of a friend (20 years known) and I am on a long path to recovery from two low income years but making progress. PRA, LLC is not helping.

May 2016
Early in May I started receiving legal advertisements in the mail that suggested something serious was up. I was focused on building a good work record with a local temporary staffing employer. After two years of underemployment, failed "work at home" jobs or clients that did not pay me, I was finally on a path to recovery. Then on Tuesday May 24th I looked myself up on the Waukesha County Courthouse CCAP system to check a "you have been sued" ad and found that it was real.

When I called the Courthouse, I was told there was no indication of service. I went to the courthouse Thursday morning to purchase the document, having to decline the start of a new $11/hour contract work assignment to run to July 15th to tend to the debt collection lawsuit as a top priority. I feared future court issues would interfere with work. It's best to not be absent any day with temp staffing work because it is not guaranteed 40 hour per week work.

Summary
The Summons and Complaint has no documents other than the printed copy of the nonmilitary service page, not relevant for me as I am not (and have never) served in the military. The attachment has the list of allegations, the name of the creditor, the alleged amount owed and a start date.  On the second page it indicates any payments I made to PRA, LLC, which is zero and what the debt PRA, LLC claims I owe. I do not trust any mail, phone or email notification of debt claims because I get these all the time, some from actual scammers.  How does one distinguish them when they are generally hostile or aggressive and there are warnings everywhere to protect one's financial privacy?

Context of 2014 May-June Claim Period
I got bit by Green Dot Loan scam two years ago on May 31, 2014 but did not go out and get the card as requested. Abusive calls led to me terminating my phone service something not to do when actively seeking employment. I also closed my checking account and opened a new account with the same bank the first week in June 2014. This was right on top of an unsolicited debt relief caller trying to fix my issues that same week. And while waiting for a lead seller merchant dispute to be resolved with Barclay Mastercard. A business opportunity I checked out May 30th turned out to be too expensive but charges were successfully refunded a month later. My main job at the time was freelance business loan lead generator for a loan broker, a job contract won at Freelancer.com in March 2014. It was doing OK but loss of money made it not possible to keep paying for advertising.

1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC

2. What is the name of the law firm handling the suit? Rausch, Sturm, Israel, Enerich & Hornik, LLC

3. How much are you being sued for? 2,xxx.xx

4. Who is the original creditor? (if not the Plaintiff) CITIBANK, N.A. (BEST BUY)

5. How do you know you are being sued? (You were served, right?) I was NOT served. Increased volume of legal ads by mail prompted my own search using the Wisconsin Court System Circuit Court Access.

6. How were you served? (Mail, In person, Notice on door) I was NOT served to my knowledge. When I purchased Summons, the box for service was blank. (as you can see in the copy) There was no excuse not to serve. Though I live in a secured apartment other officials have accessed building before. I have been home after 3 PM during the day. They had my address. I never found anything in the mail that looked official along with official looking junk mail. "Sewer Service" I think is where there was a claim of service. It's skipped step in this case. (This is where I need legal help because I don't know how to take actions.)

7. Was the service legal as required by your state? According to the yellow information sheet and on the county website, service is required or the case may be dismissed. It's a box in the flowchart on the County website about how to file a lawsuit. Wisconsin has recent changes to debt collection lawsuits. If there is a state vs federal entanglement issue here, this feels out of my league to fight.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? There is a letter dated April 16th. I did not read it seriously until yesterday (see below). There are 13 PRA, Inc. sourced phone numbers in my Skype block list. While seeking employment and working on projects for clients, repeated phone calls are a nuisance. Skype typically (in my experience) does not connect well with robo or automated calls. I relied on Google searches of phone numbers to identify the source. There were other (not PRA) scam callers or Skype trolls to block. I've been very tight with my Safelink cell phone number with the limited minutes.

9. What state and county do you live in? Wisconsin, Waukesha County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I am unable to determine this with any accuracy other than a credit report I recently pulled up. I have lost two checking accounts since then the most recent closed on June 1st, 2016 so I don't have access to payment information. I am unable to identify if this account is mine or if the amount is accurate. There were multiple credit and debit cards reported either lost or compromised from November 27, 2013 (Target) to the present. The only credit accounts I have been making payments are my one open VISA credit card (paid in full in May), a closed Discover account and a moved to collections Amazon.com account to pay off purchase of laptop in February 2014. I am current with my auto insurance, rent, ISP and utilities.

11. What is the SOL on the debt? To find out: 6 years to my understanding.

12. What is the status of your case? I filed the Answer on May 31st with an attached full page Answer created with MS-Word after taking notes at various sites and selected best statements to use. My primary points are lack of service, lack of documents, uncertain financial activity period, receiving public assistance and plaintiff not known to me. I mailed a copy to the Plaintiff legal team address via certified mail. I was given a yellow fact sheet that includes a mediation requirement. The court date was set to August 5th.

Then, I received a letter that the date was moved to August 12th. I have not heard from legal firm. The certified mail service I used reports June 1st as the last day of activity. (I did not know it was going to be a slow delivery at the regular rate. I used an online certified mail service I found.)

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Though not directly related to PRA filing, I filed a credit bureau 90 day alert due to a ACS Inc email I received in my Gmail inbox. I get this email regularly and consider it abuse of my financial data. The first time I received this was July 2014. I have a copy of my credit reports that I have not looked at for two years. I see that PRA is listed as a debt collector. That could be a separate matter to pursue at another time.

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). From payment for Summons on June 26th, I had a week to respond in time to file answer, apparently not enough time for the plaintiff to receive the answer copy by certified mail when sent at normal rate on May 31st.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? 

The Summons consists of the State of Wisconsin, Circuit Court, Waukesha County Small Claims form marked "Claim for money ($10,000 or less)", the clerk/attorney signature of someone unknown to me, notarized and with attachment of the claim specifics. The notary stamp looks faded to me. It has a May 10th stamp FILED IN CIRCUIT COURT.

There are no documents, just forms filled out with claims.

It is apparently signed by a member of the legal firm. He's in LinkedIn and top of Google search.

Included is an "Affidavit of Non-Military Service". It says that I am not in the US Military and therefore, not entitled to rights and privileges provided under the Servicemembers Civil Relief Act.

Another note is that the complaint does not include my middle initial. So the non-military search is not correct. My signature always includes my middle initial which leads me to suspect they don't have a signed document or any signed payments.

There's more: The letter mailed to me in April (which I did not read until Saturday June 4th) claims that I can request copies of credit card documents if I write. If they had this, why is none of this included in the Summons and Complaint? Is the letter a lie to perhaps have me send a letter and get a signature? Or visit their website and give my IP address?

Additional: I received public benefits including a gas card, a Safelink phone and was awarded an energy assistance grant in May. Good people led me to these services back in April. I filed to receive FoodShare benefits with assistance of my employer. I have read that wages cannot be garnished in Wisconsin if any benefits have been received. My answer included a copy of my Safelink renewal notice and my energy assistance grant check stub.

Any Harm Done?
The filing more than likely interfered with my employment path with my employment agency. There might be better jobs ahead of me but I lost the certainty of regular income in June and July which is what is needed to pay bills in confidence. I was unable to rescue my June 2014 opened checking account closed on June 1st, 2016. I started another account back in April at another bank so I'd have something to send employment earnings and pay bills. (Employer uses VISA debit card to pay.) I considered a counterclaim but the answer was easier to do with my own research and in a short time.

Any assistance in this matter would be appreciated.

I plan to call Legal Action at intake hours on Tuesday to see if I can get help with the mandatory mediation part.  Will I have to decline work (if work is available)? How much will it cost? There are more current bills I need to pay, but am afraid to spend anything now. I am worried about paying July rent and auto insurance (as promised) payment due late in June.

prasummons.pdf

[kraftykrab]

I could be wrong about this, but I am pretty sure that Citibank/Best Buy accounts had an arbitration clause.  That would be the best way to go, most likely.  If you search this forum for 'arbitration' you will find a ton of helpful information.  There's also an arbitration section, here:

http://www.creditinfocenter.com/community/forum/199-arbitration/

 

This seems to be a controversial topic, as not everyone likes arbitration, but I believe it's definitely worth looking into.

[ITProfessional]

I have read about that. I have no idea how that works in my state. I found the credit card terms document online.

I am looking for the simplest and lowest cost path. I don't have much in bank to work with.  I have other payment obligations. Geico and Fox Village Apartments come first. Then RoadRunner to have my Skype phone service. Then three creditor payments, one for an open VISA account.

I am now afraid to spend anything until I get my next longer term contract work assignment. This is how I am getting employment offers in my profession. I receive available positions by email in a list or email contact by recruiter (such as today). I have to be on top of the employment process so I do not miss any calls or important emails. It's regular cycle that I have experienced for two years, the last year with better results.

My current work is assigned by day when I am needed at Baird Display at $10 per hour. I worked two days each week for the past two weeks. I'll call today to see if there is any work this week. Contract employment is not guaranteed 40 hour per week work. It can end at any time. I accept work when offered. It's not good to miss any days. I try for online freelance work. I am currently helping a house buyer get leads from public sources. If I do good work and the client is happy, it may mean future work. Right now it's good for keeping gas tank filled another week.

Any time away from work is a big loss for me and perhaps lost opportunities. This happened two years ago when I lost my long time phone number to stop scammer harassment calls.

Lack of any documentation is the biggest issue here. Such is the case with the other by email debt claim by ACS, Inc. In this case I get warnings to protect my financial privacy from official sources. 

I just saw the John Oliver video clip about JDB so perhaps more publicity will help. I am hoping for Wisconsin specific help. My next option is the low income legal help. I will call during Tuesday intake hours. 

Thanks for the comments and suggestion.

[CCRP626]

14 hours ago, ITProfessional said:

The letter mailed to me in April (which I did not read until Saturday June 4th) claims that I can request copies of credit card documents if I write. If they had this, why is none of this included in the Summons and Complaint? Is the letter a lie to perhaps have me send a letter and get a signature? Or visit their website and give my IP address?

PRA hasn't behaved in the past so are under a consent order. Make sure they comply with it, specifically starting at the bottom of page 32- http://files.consumerfinance.gov/f/201509_cfpb_consent-order-portfolio-recovery-associates-llc.pdf

add to that the one against Citibank for what they have to provide for debt sales. That isn't effective until Feb this year but you could use it to underline questionable practices found with Citi's records. http://files.consumerfinance.gov/f/201602_cfpb_consent-order-citibank-na.pdf

You'll have to see if substituted service was allowed. Your courthouse should have your file to see the detail. http://law.justia.com/codes/wisconsin/2012/chapter-801/

For Wisconsin law, it appears the big change is allowing a final billing statement to be used. http://www.acainternational.org/governmentaffairs-wisconsin-gov-scott-walker-signs-debt-collection-reforms-into-law-38476.aspx

This doesn't get them out of the CFPB order. Also, if you decide on arbitration that will be under the FAA which is a federal act stating you use the choice of law in the agreement which will not be Wisconsin.

For concerns about wage garnishment, that's limited by law- http://www.badgerlaw.net/Home/PublicWeb/LAW/Publications/Consumer/wagegarnishment

 

[ITProfessional]

Updates

Small Claims Procedures

I have the Waukesha County Courthouse information sheet that clearly states both service and mandatory mediation procedures.

(1) Service in person is required.

(2) The Plaintiff must initiate mandatory mediation 10 days after notification of hearing.

Status of Case

Answer filed May 31st.

Hearing date was set to August 8th, 2016.

Plaintiff law firm sent copy of Answer by certified mail addressed to attorney that signed Summons and Complaint.

I received notification by mail from court that the hearing was rescheduled to August 12th, 2016.

Delivered mail was signed June 6th by someone at the law firm.  It is not legible and nothing like the Summons and Complaint signature.  June 6th is the Answer filing deadline. If anyone wants to view the signed receipt, I will provide it.

I believe the Plaintiff has until June 10th to schedule mandatory mediation or later if the hearing date change adds more time for Plaintiff. I want to find out what to do (if I have to do anything) if I do not receive any mediation notification.

WaukeshaCountySmallClaims.pdf

[ITProfessional]

Thanks for response!

PRA Consent Order

This case filing looks very bad to me like they are not even trying. If I had not looked up my case in time, I would not have responded and so I would have been in a much worse situation.  I don't even have a bill to satisfy Wisconsin. There is no in person service. So far no initiation of mediation by Plaintiff as required. The expectation it appears to be me not learning of the filing in time.

Citibank

The alleged debt is terribly inflated. I think it's enough that there's doubt with regards to accuracy. Nothing at all provided to me links PRA to Citibank other than application date and amount. May 2014 through June 2014 was a very bad financial period for me with multiple incidents one leading to checking account closure.

Service

I am going by information sheet handed to me and the Waukesha Courthouse website.

http://www.waukeshacounty.gov/CourtDivisions.aspx?id=25104

Wisconsin

Most people, including lawmakers, are not IT people. What I got was a PRA billing statement typed up. No documents. From my understanding the information they have is from an Excel spreadsheet. There is a way to embed some images (documents) with newer versions of Excel. If documents were not included in the sale, any bill would be a mock up of the original.

I did not receive any documents. The non-military service attachment does not use my middle initial. Therefore PRA does not know me enough to put that in. Is it possible that PRA's letter to me on April 16th was a way to get my signature? The letter claimed to have required documents.

Publicity

I viewed the John Oliver video clip. It's my hope that increased awareness of the problem helps me end this sooner so I can move on to working on finding the best job I can find. I am very low income and trying to rebuild after a number of mostly financial misfortunes. (mostly not getting paid for freelance contract work) So far I think I can beat this if the PRA law firm fails to properly file and follow through with a small claims case.

 

[BV80]

On 6/6/2016 at 0:21 AM, ITProfessional said:

May 2016
Early in May I started receiving legal advertisements in the mail that suggested something serious was up. I was focused on building a good work record with a local temporary staffing employer. After two years of underemployment, failed "work at home" jobs or clients that did not pay me, I was finally on a path to recovery. Then on Tuesday May 24th I looked myself up on the Waukesha County Courthouse CCAP system to check a "you have been sued" ad and found that it was real.

When I called the Courthouse, I was told there was no indication of service. I went to the courthouse Thursday morning to purchase the document, having to decline the start of a new $11/hour contract work assignment to run to July 15th to tend to the debt collection lawsuit as a top priority. I feared future court issues would interfere with work. It's best to not be absent any day with temp staffing work because it is not guaranteed 40 hour per week work.

At the courthouse, did you look in the file to see if PRA claims you were served?   If they claim you were served, there should be a certificate of service showing how you were allegedly served.

However, it's possible that although the case has been filed, PRA had not yet attempted service.   Courts allow for a period of time after the filing of a complaint for service to be made.

[CCRP626]

2 hours ago, ITProfessional said:

Is it possible that PRA's letter to me on April 16th was a way to get my signature? The letter claimed to have required documents.

I'm sure that's part of them attempting to be in compliance with the previously referenced consent order.

[ITProfessional]

Electronic Document Systems VS Physical Files On Shelf/File Drawer

Wisconsin is a heavily into electronic documents.  Once you go that route, you are pretty much expected to go to a computer terminal, look up your case and order documents. You need permission and a purpose to view physical files. Vital Records access requires an appointment. Probate physical file access also requires getting permission with a stated purpose of the search. Otherwise the clerks direct you to a computer terminal.  I had a foreclosure data entry job in 2009 where I was able to access fresh folders after stating purpose of the search and who was going to get the information. (a realty website)

I presume that the service documents should be with the filed case documents if this was done. And the "Date Summons Issued" or "Date Summons Mailed" boxes should be filled out.

Time Table

• Filing date: May 10th.
• Me learning of this filing as a fact: May 24th.
• Purchase of documents: May 26th.
• Answer Date: June 6th.

Summary of Week of Lawsuit Discovery

When I called the clerk upon learning of the filed case, I was told there was no record of service.  I called Legal Action during intake hours on Tuesday, May 24th. I was told I needed documents to speak with them.

 http://www.legalaction.org/content/index.cfm?cm_id=12

Mandatory Mediation

Now I wait for Plaintiff to initiate mandatory mediation. If law firm fails to do that 10 days after notification of hearing, according to courthouse website, you can read what can happen in the attached Wisconsin County Courthouse small claims information sheet.

The information sheets says 10 days after filing the answer so I am not sure what is correct here. Would you expect a law firm for the Plaintiff to be on the ball and ready to start mediation after viewing Answer available as of May 31st? I do not know what the law firm must have to schedule a mediation appointment. I couldn't find any application forms or requirements to make an appointment in my search.

Getting Local Help

I have connected with local paid legal help by email, but it costs $200 for the initial consultation (most of my current available funds).  so I am keeping it to procedural inquiries so at least I know what steps to take. I missed this week's Wisconsin Legal Action intake hours because I was working. I am working Thursday so I will miss that chance.

I Wait

I am watching my mailbox for anything from the law firm. If nothing arrives by June 10th, I will call the courthouse to ask about this and ask what to do.

[ITProfessional]

http://www.wiscs.org/programs/court_community_services/justice_center/

Now that I am going through my Skype voice messages to sort them out and look for any bad calls (not just PRA), I see a phone number from the mediation center.

I am only using my cell number at present as Skype audio is not working for me so I will have to give it out to contact the mediation center. I don't want PRA to have my cell phone number but they will know I have Safelink as I included accepting low income benefits as an affirmative defense with link to Wisconsin article.

I will call tomorrow and hope this not as bad as I fear.

 

[ITProfessional]

Response To Answer

Got copy of  letter to county clerk dated June 7th from law  firm that confirms hearing on August 12th.

The letter says that the witness for the case is outside Wisconsin. There is a request for the witness to appear by phone for the hearing.

I have seen this in other posts or articles.

There is the option in the letter below.

Seems obvious to me to not permit witness by phone if I have a choice. In this case I expect documents, details and data to examine. This person will not know me or really know of (probably) Citibank or what took place in the period of this alleged account activity.

I believe I have to take letter to clerk and specify my preference. I will ask how to notify law firm or if that's done in the filing.

Mandatory Mediation

I have been called by the mediation center to my Skype Voice Mail.  I have to call back at an earlier time to reach contact, during work hours. It's noisy at work during break time and I prefer privacy. I thought of calling while in the car during lunch break. It's a contract factory job with day by day notification of next day work so it's a good type of job to have when there are court dates ahead.

I curious why the law firm does not notify me if the mediation in the letter since it is the next step the Plaintiff must take. I will learn more I am sure when I call the mediation center to learn what's going on.

For me it may be a chance to air my view of what has happened from April to the present. I starting to list damages due to the filing, including a declined job, closed bank account not saved in time and my name on CCAP when I am actively seeking professional employment. Mediation is less formal than a hearing and I hope not as distressing. My plan starting April was to repair into red bank account by working all hours I can. The declined job with the higher pay would have helped me save account before June 1st. But instead I paid rent not knowing future available work.

 

[ITProfessional]

Updates

The letter from law firm was to the clerk of courts asking for permission to allow witness by phone. The letter I received was a copy. I went to court to ask how to respond and to verify that a letter was mailed. Yes. The letter was to the clerk of courts and nothing for me to respond to.

For me it affirms that the law firm is aware of the August 12th hearing and appears to be prepared to be present. The law firm resides within my county.

Mediation

I have connected with mediation center. The best time to call is on my 10 minute work break. I let contact know that I had a bank account collapse and I will have to earn extra funds. It seems right to me to let mediation staff know my status. I suggested late June or July mediation date. I will probably have to not work the day of the mediation. So in addition to $40 fee it's about $50 loss. I said that I was going to call Legal Action for assistance. (see next)

I have no idea what to expect. I presume I will be able to choose a date and time. A later time will give me more time to prepare for this. If it's at 3:30 pm I can get there in time and not miss work. If there are any suggestions if any day of the week or time would be best.

Legal Action (Low Income Legal Assistance)

I am sorry to say I did not get anywhere when I called with the Summons in front of me and after Answer submitted and hearing scheduled. The person I spoke to told me to send a letter to the law firm to request documents. But the Answer has been filed. The next step is Discovery or Mediation, no? This is past debt validation (which never happened but I have a letter dated April 16th from PRA law firm which gave me this opportunity). What use is sending a letter for documents? I thought by calling Legal Action, I was going to get actual help not keep doing this pro se. Apparently I have to try and get documents from law firm first. Then I can get help. It must be a script the intake operator was following.

Summary

I am disappointed. I think my next step is mediation. There's no way I will be able to settle. My money is already intended for other agreed payments. (Auto insurance, rent) My bank account closed with debt owed. Can PRA rob Geico of its owed money from me?

I declined a job offer (no absence allowed) when I learned of the lawsuit. 

Now it's worse. The Legal Action intake operator informed me of another filed lawsuit on June 14th (today). Plaintiff Capital One. Law firm Messerli & Kramer P.A. I have two letters from them both on the same date May 4th. Once I receive Summons, I will open a new thread. This one had to be e-filed.

[CCRP626]

Did you look into your cardmember agreement for arbitration? I hope mediation isn't going to cost you anything except time if it's required.

[ITProfessional]

Mediation

Mediation is required "Mandatory" and initiated by Plaintiff. The cost is $40 for me. That is a lot of money to me. I told the mediation center contact that I would have to work to earn that and my funds are very low. At the very least I can find out what the legal representative wants from me. I have to decide whether or not to emphasize that the filing of the lawsuit was very bad timing for me and resulted in big losses. (ChexSystems filing)

I am unable to find out what happens once inside. Or what to say. This came as a surprise to me and interrupted what was my attempt to fix a red bank account. I declined work to tend to lawsuit. I fear applying for any professional job. My bank account closed with debt on June 1st. That's been charged off and sent to collections. I'd rather pay that than PRA or the other new claimed debt. I am working every day in June that I can so at least my rent and auto insurance are paid. (And my ISP needed for my phone service and job applications.)

As far as I know I get most freedom with the date and time as I am working hourly doing contract work. My present contract is daily notifications of available work. I just say yes I agree to show up. The next time I call I will see if I can arrange a meeting at 3:30 PM to avoid loss of wages. If this causes me to lose pay, I risk not being able to pay rent and auto insurance (required in my state), both necessary for work.

Underemployed

I have not worked locally in 2016 until April and that was for two days. I am getting local assistance to help me through. I started regular work in May and I keep getting asked back. At least I have that. I worked freelance jobs starting January 2016 that either did not pay or just paid a milestone intended for advertising expenses. I disconnected with nonpaying client warning him about my debt collection lawsuit. Other income came from help from mom. (No more can come, however I am told.)

Waukesha Wisconsin

I am unable to find out how to do the Discovery part. I found a Milwaukee County form, but nothing for Waukesha County.

Arbitration

I looked up arbitration for the first time. The cost would wipe out what I have. I risk eviction in July if I run out of money.

Plaintiff Chose A Defendant Having Severe Banking Issues At Time Of Filing

If the Plaintiff were to access bank accounts (if it knows of any accounts from records) they are both closed. In both cases unauthorized or mystery transactions were involved.

Junk Debt Lawsuits - Defamation?

I am good at bill paying and working. Most of my earnings goes to pay bills and work related expenses. I hardly have any savings. I am not so good at earning money and getting paid for two years. And plus running into scams of all sorts which result in lost time and money. So if these lawsuits are about claimed non-payments, they are ignoring positive payments in my credit report. I am wondering if an employer never paid, can that employer (freelance or W2) be listed as a source of judgment money? If the company has a website with a contact address and bank account information (to pay membership fees) at the very least, it should be possible to reach the employer or company.

Sources of Income

I combed through my voice mail phone history looking for 2016 phone calls (not necessarily PRA or law firm). I found one a student loan telemarketer with multiple calls to my landline. The number is on the Do Not Call list. 

Thanks for help! The local low income help does not appear to be the best route to go with this case. Perhaps I need a service requiring some payment but still low cost. I don't think PRA or law firm has any documents. I am clinging to that. Plus I saw a job application for eFiling clerk posted by this law firm. Yes they are eFiling it appears.

[CCRP626]

What does the agreement state for cost sharing for arbitration as far as Plaintiff helping out if you request?

Mediation is just non-binding sit down to see if anything can be worked out with the Plaintiff. The court does it to take the workload off them. If you dispute still, mediation will be done with and court continues unless you go for private arbitration as detailed in the cardmember agreement.

[shellieh98]

I don't mean to sound crass, but by your posts it shows that you really do not know what to expect.  Manditory mediation is really not something you want to do, all it is is a "do you woe this debt? how much can you pay?" type thing.  ARBITRATION will make this go away in most cases.  Are you in small claims court?  Look at your credit card agreement, if it has an Arbitration clause, and no small claims disclaimer, this is your best bet.  You would be capped at 250.00 in JAMS, and 200 in AAA.

Read up.  If you don't do arbitration, you need to go to your courts website, and study the rules of civil procedure.  

As far as the telephone appearance, yes, you could respond with an objection.  You want to make this as difficult for them as possible, and an easy tele conference only benefits them.  You could file an objection to telephone appearance.  There is a sample for that motion in this forum.

[CCRP626]

15 hours ago, ITProfessional said:

Now it's worse. The Legal Action intake operator informed me of another filed lawsuit on June 14th (today). Plaintiff Capital One. Law firm Messerli & Kramer P.A. I have two letters from them both on the same date May 4th. Once I receive Summons, I will open a new thread. This one had to be e-filed.

While you're waiting for that try to remember when you could have had a Cap One card. It would be nice if you opened it prior to 2010/2011. If so, look for the cardmember agreement no later than 2011, check for arbitration and a survivability clause.

 

14 hours ago, ITProfessional said:

Arbitration

I looked up arbitration for the first time. The cost would wipe out what I have. I risk eviction in July if I run out of money.

Covered already. Check you cardmember agreement for cost sharing provisions. You can also contact JAMS/AAA (arbitration firms listed in your cardmember agreement) if the agreement says you pay the fees with no help from Plaintiff to see what they offer for indigent consumer participants. I'd throw in there any amounts you've already spent in court in the hope they count that towards anything needed since they state arbitration shouldn't cost you more than court.

[ITProfessional]

Mediation

Mediation is required "Mandatory" and initiated by Plaintiff. The cost is $40 for me. That is a lot of money to me. I told the mediation center contact that I would have to work to earn that and my funds are very low. At the very least I can find out what the legal representative wants from me. I have to decide whether or not to emphasize that the filing of the lawsuit was very bad timing for me and resulted in big losses. (ChexSystems filing)

I am unable to find out what happens once inside. Or what to say. This came as a surprise to me and interrupted what was my attempt to fix a red bank account. I declined work to tend to lawsuit. I fear applying for any professional job. My bank account closed with debt on June 1st. That's been charged off and sent to collections. I'd rather pay that than PRA or the other new claimed debt. I am working every day in June that I can so at least my rent and auto insurance are paid. (And my ISP needed for my phone service and job applications.)

As far as I know I get most freedom with the date and time as I am working hourly doing contract work. My present contract is daily notifications of available work. I just say yes I agree to show up. The next time I call I will see if I can arrange a meeting at 3:30 PM to avoid loss of wages. If this causes me to lose pay, I risk not being able to pay rent and auto insurance (required in my state), both necessary for work.

Underemployed

I have not worked locally in 2016 until April and that was for two days. I am getting local assistance to help me through. I started regular work in May and I keep getting asked back. At least I have that. I worked freelance jobs starting January 2016 that either did not pay or just paid a milestone intended for advertising expenses. I disconnected with nonpaying client warning him about my debt collection lawsuit. Other income came from help from mom. (No more can come, however I am told.)

Waukesha Wisconsin

I am unable to find out how to do the Discovery part. I found a Milwaukee County form, but nothing for Waukesha County.

Arbitration

I looked up arbitration for the first time. The cost would wipe out what I have. I risk eviction in July if I run out of money.

Plaintiff Chose A Defendant Having Severe Banking Issues At Time Of Filing

If the Plaintiff were to access bank accounts (if it knows of any accounts from records) they are both closed. In both cases unauthorized or mystery transactions were involved.

Junk Debt Lawsuits - Defamation?

I am good at bill paying and working. Most of my earnings goes to pay bills and work related expenses. I hardly have any savings. I am not so good at earning money and getting paid for two years. And plus running into scams of all sorts which result in lost time and money. So if these lawsuits are about claimed non-payments, they are ignoring positive payments in my credit report. I am wondering if an employer never paid, can that employer (freelance or W2) be listed as a source of judgment money? If the company has a website with a contact address and bank account information (to pay membership fees) at the very least, it should be possible to reach the employer or company.

Sources of Income

I combed through my voice mail phone history looking for 2016 phone calls (not necessarily PRA or law firm). I found one a student loan telemarketer with multiple calls to my landline. The number is on the Do Not Call list. 

Thanks for help! The local low income help does not appear to be the best route to go with this case. Perhaps I need a service requiring some payment but still low cost. I don't think PRA or law firm has any documents. I am clinging to that. Plus I saw a job application for eFiling clerk posted by this law firm. Yes they are eFiling it appears.

[ITProfessional]

My Expenses

So far only expense is my first ever certified mail ever sent. (copy of answer to law firm signed on filing day)

Plus time to go to court.

Plus lost wages at end of May due to attention to court case and declining no absence permitted contract work.

Plus I think there may be a problem applying for professional employment, my overall goal for 2016. My freelance employment work was my ticket back to local employment after 8 years doing contract work for one company. I  resigned a January to May website debugging contract work (never paid anyway) as the company is a start up I now know to be low in funds. It was about 90% completed but could no longer focus on the task. The job gained me skills so it was not for nothing.

Low Income But College Educated

Most people posting their cases appear to be working or have savings and no other financial problems to complicate things.

A low bank balance is vulnerable to unauthorized charges messing up payments which is what happened in April. I did everything I could to save my account before closure June 1st working all hours available to me.

I am able to research and view legal training guides and videos. I am able to compose documents and letters with MS-Word.

I Have Hopes I Can Get Through This

The good news is my current company has upped production and I will be working my first 13 hour shift tomorrow.

I will schedule and attend the mediation. I can learn what the Plaintiff will accept for minimum payment. The minimum I will contribute is how this lawsuit has affected me and may harm my professional job seeking and lower my income. My rent and auto insurance must be paid first as agreed.

There is a second lawsuit just started. I read about this law firm and it looks to be very heartless. YIKES! I will pay attention to every step to be sure they get Waukesha County steps right. Right out of the gate there are two pre-suit letters on the same date. They look like similar letters in one case against this law firm (M&K) I read about.

Thanks for help!

[ITProfessional]

Updates

Mediation

Date & Time Set - In July at 9 AM.
Good! I can easily get up early to attend.
I will miss a day of work ($80 loss).

Got Mail From PRA

First Item
Re: Verification Information Concerning Portfolio Recovery Associates, LLC ("PRA, LLC")

It's just data merged with a letter with claimed account information. Middle initial still missing.

This is insufficient information to prove their standing.

Second Item

Identity Theft Affidavit 

Lost or breached credit cards increase the risk of identify theft because the data is out there in unknown hands. (Scam callers perhaps?) The fact is I have closed accounts due to security concerns with agreement with financial institutions. None of them wait for actual identity theft or mystery charges to appear.

PRA purchased a Citibank charged off debt. It was their risk to acquire charged off portfolios that might be riddled with past account security or creditor interest rate issues. It's not for me to prove identity theft or that their data is clean. That's the company's job - to clean and verify their data.

Summary

The identity theft affidavit  ignores that my Answer was about credit account security breaches which increases the risk of identity theft and unauthorized transactions. Once data is out there in the wild of the Internet, the barn door is open. The right thing to do close or dispose of such accounts and move on with re-enforced security.

This is not debt validation. It's a merged letter. No contract. No proof of sale of the debt. 
The "electronic file" is probably the Excel file.

What If PRA Really Has Proof (Images)?

It would be a lot of work if they really did get images along with the text data. I uploaded about 3,000 resale tax certificate images to a document management system for a company in October 2015. Some of the images were of poor quality or sometimes in pieces on separate pages. Imaging and image management is an IT skill that requires time to master.  Each Excel row would need links to the alleged images (contracts). How are the images stored? If the data comes from multiple lenders and banks they all have different systems. Good luck having one system that accepts everything. Again if they are using Excel to store financial data, I have a hard time believing they have an IT professional or team overseeing portfolio data management. If anyone here has banking system knowledge that would be a good idea for a thread.

[CCRP626]

Look in the CFPB consent order for PRA's handling of identity theft. Someone else posted recently about Midland pushing for identity theft affidavits from the defendant and basically trying to get some free discovery questions answered out of it some which could backfire for the defendant and help the JDB.

Also, look at the Citibank order about identity theft and unauthorized use and Citi repurchasing accounts back.