JDB affidavit and Arkansas 16-45-104

[texasrocker]

1 hour ago, crapola said:

--i have been advised not to send discovery to PRA.

Very poor advice!

[CCRP626]

1 hour ago, crapola said:

i have been advised not to send discovery to PRA. I have a civil case and the court date is set for oct.12. should I send a discovery?

One more time in about the fifth thread pertaining to this. You will have to respond to their discovery requests by the 30 day deadline unless you're going for private contractual arbitration which will put a stay on the case and discovery if you file a motion to compel arbitration before the discovery deadline. If you are not going to do arbitration you need to answer their discovery and you should send your own including working the CFPB order requirements in there and motion to compel discovery if they don't comply pushing this to dismissal. BTW, this is the thread I told you about where you'll be going back to court many times while the Plaintiff is indulged with delays. If you're remaining in court, get up to speed on your objections since they sound like an amusing group with requests for 10 copies of your signature and such.

[BV80]

1 hour ago, texasrocker said:

Very poor advice!

It's not poor advice if one is seeking to compel contractual arbitration. 

[crapola]

2 hours ago, BV80 said:

It's not poor advice if one is seeking to compel contractual arbitration. 

I apologize, I am having a hard time keeping up with threads. This website to so full of information. Trying to battle 2 suits at once is reminding me of college essays. On the discovery to PRA, what I meant was should I send one to them? I am thinking NO because by the time they get it court will be in 12 days, not enough time for them to send it back. They HAVE NOT sent me a discovery. Today I received a settlement letter. Do I need to send a no thank you letter back or just ignore?

Again Thank you all.

[Jimmy E]

On ‎09‎/‎24‎/‎2016 at 1:46 PM, crapola said:

--i have been advised not to send discovery to PRA. I have a civil case and the court date is set for oct.12. should I send a discovery?

@crapola, I can't offer an opinion either way -- I don't know what you have received from PRA, and how you answered the complaint.  I can say if trial date is Oct. 12, then yours is not a 'new' case, and time is of the essence.  PM me their complaint and your answer.  Better yet, email it:  jimmy1967@comcast.net .  It is the only way I can offer an informed opinion.

If you are not comfortable with that, then post your county and ballpark amount PRA wants from you. 

Thanks!

[debtzapper]

8 hours ago, Jimmy E said:

@crapola, I can't offer an opinion either way -- I don't know what you have received from PRA, and how you answered the complaint.  I can say if trial date is Oct. 12, then yours is not a 'new' case, and time is of the essence.  PM me their complaint and your answer.  Better yet, email it:  jimmy1967@comcast.net .  It is the only way I can offer an informed opinion.

If you are not comfortable with that, then post your county and ballpark amount PRA wants from you. 

Thanks!

@Jimmy E   That was very kind and generous of you to offer to help like you did.  You always go the extra mile for your fellow Arkansans.

[Jimmy E]

@Chalmers Johnson, did the Plaintiff use his two weeks wisely, or file for a continuance??

Jimmy

[shellieh98]

My Take:  Crapola you have received some excellent advice for your 2 suits.  It is obvious you have no idea what you are doing, and you are going to get creamed when you get to court. This is how I see your options on both accounts.

1. Cram crash study your rules of civil procedure, and make sure PRA has followed each one to the letter, if not file objections (written briefs why they should not be considered as evidence against you)  This is what it will take to fight this in court.  You HAVE to know your rules.

2.  Settle with them.

3. File a motion to compel private contractual arbitration.  This would be the easiest way out with the least amount of learning, at least for now.  Yes you take a risk they will follow you into arbitration, but it is highly unlikely.

4. Don't show up to court and lose anyway.  This isn't going to just go away, you have to make it go away.

[Chalmers Johnson]

@Jimmy E The verdict is in... dismissal WITH prejudice!!!

In a letter accompanying order, judge cited no genuine material fact in dispute, as, in addition to no document provided with my original signature or assent to be responsible for account, no testimony was provided from OC attesting to accuracy of account!

Next step is to dispute this account with CRAs for removal right?

Thanks to all of those who helped with the discussion along the way! May this thread be of help to others who are facing similar issues! I will stay involved with this and other threads where I can help as well!

[Jimmy E]

@Chalmers Johnson, congrats!  It just proves like I said:  The Plaintiff produced ALL they had at trial -- giving them two more weeks was just a waste of time.

Right now, if it was me, I would write a letter to the judge, telling him that he has MANY existing cases filed by PRA in his court that should be dismissed because many defendants do not know what to do.  Moreover, PRA is clogging his court, presenting the same information in each case -- the only difference being dollar amount.  Having this knowledge, his honor can save the courts valuable time by reviewing the PRA information, then dismissing it.  Finally, other JDBs do the same thing.  Impress upon him to that none of the cases filed by JDBs comply with ARCP Rule 10(d), and should be dismissed on its face.

Congrats again!! 

Portfolio Recovery Associates

[BV80]

2 hours ago, Jimmy E said:

Right now, if it was me, I would write a letter to the judge, telling him that he has MANY existing cases filed by PRA in his court that should be dismissed because many defendants do not know what to do.  Moreover, PRA is clogging his court, presenting the same information in each case -- the only difference being dollar amount.  Having this knowledge, his honor can save the courts valuable time by reviewing the PRA information, then dismissing it.  Finally, other JDBs do the same thing.  Impress upon him to that none of the cases filed by JDBs comply with ARCP Rule 10(d), and should be dismissed on its face.

I agree with your point and reasons, but you know that the judge can't necessarily do what you've suggested because he must follow the rules of the court.   For instance, your rules allow for plaintiffs to amend their complaints at any time.   Then, of course, not all defendants answer complaints, so you have default judgments.

[Jimmy E]

14 minutes ago, BV80 said:

I agree with your point and reasons, but you know that the judge can't necessarily do what you've suggested because he must follow the rules of the court.   For instance, your rules allow for plaintiffs to amend their complaints at any time.   Then, of course, not all defendants answer complaints, so you have default judgments.

Agreed, it IS wishful thinking -- a defendant must respond.  Still, I could see this judge look at a PRA case and deny default judgment because of rule 10(d) -- no contract attached, and no 'good cause' for it not being attached.  Imo, I think the judge dismissed the OP's case primarily because of rule 10(d), which marks a deviation from FRCP 10 in that the attachment of a written instrument, for example, is made mandatory, unless good cause is stated in the pleading to justify their absence.  It's the intent that exhibits should be attached to pleadings in all but exceptional cases.

Of course, it's the "good cause" part that left to the discretion of the judge.  But, who knows?  I suppose a judge doesn't even have to look at the complaint when a defendant doesn't answer, and just signs the MSJ.

I guess we'll have to wait for the laws to change in such a way that a complaint can't be filed specifically by JDBs unless there is a higher threshold of proof.  I'm sure that's discrimination though!

Thanks for the info 'BV80.'  I always value your comments.

Jimmy

[debtzapper]

@Chalmers Johnson        Congrats on your win!  Great work.  You took the excellent advice you were given,  worked hard and won.

@Jimmy E   You the MAN IN AR!       No one here knows AR collection law and procedure like you.  Thanks for all you do here.

[debtzapper]

12 hours ago, Jimmy E said:

@Chalmers Johnson, congrats!  It just proves like I said:  The Plaintiff produced ALL they had at trial -- giving them two more weeks was just a waste of time.

Right now, if it was me, I would write a letter to the judge, telling him that he has MANY existing cases filed by PRA in his court that should be dismissed because many defendants do not know what to do.  Moreover, PRA is clogging his court, presenting the same information in each case -- the only difference being dollar amount.  Having this knowledge, his honor can save the courts valuable time by reviewing the PRA information, then dismissing it.  Finally, other JDBs do the same thing.  Impress upon him to that none of the cases filed by JDBs comply with ARCP Rule 10(d), and should be dismissed on its face.

Congrats again!! 

Portfolio Recovery Associates

I like that machine gun!

[debtzapper]

15 hours ago, Chalmers Johnson said:

I will stay involved with this and other threads where I can help as well!

Thanks for wanting to stay around to help and pass it forward.  We need more OPs like you do that.

[Jimmy E]

19 hours ago, debtzapper said:

Thanks for wanting to stay around to help and pass it forward.  We need more OPs like you do that.

Thanks @debtzapper for the nice comments.  The only thing I'm an expert in, is my opinion!  I've just noticed over the course of time, if a defendant will just ANSWER a complaint with denials, it's usually enough to have them dismiss;  especially in district (small claims) court.

It's the same ole story.... JDB attorneys file ALL collection suits, and win 90% of the time by default, because of no answer to complaint.

A JDB suit would be no different than me saying:  "debtzapper," you owe me one million dollars.  Here's the complaint I have filed (whipped up in two minutes in a word editor and notarized).  If you don't answer, I win via court rules.  If you continue not to answer, I garnish your wages.  My proof??  You not answering the complaint.  Actually, that is not very far from being a realistic lawsuit.  If you don't answer claiming fraud, etc., I win.

Have a nice weekend.

Jimmy

[debtzapper]

22 hours ago, Jimmy E said:

Thanks @debtzapper for the nice comments.  The only thing I'm an expert in, is my opinion!  I've just noticed over the course of time, if a defendant will just ANSWER a complaint with denials, it's usually enough to have them dismiss;  especially in district (small claims) court.

It's the same ole story.... JDB attorneys file ALL collection suits, and win 90% of the time by default, because of no answer to complaint.

A JDB suit would be no different than me saying:  "debtzapper," you owe me one million dollars.  Here's the complaint I have filed (whipped up in two minutes in a word editor and notarized).  If you don't answer, I win via court rules.  If you continue not to answer, I garnish your wages.  My proof??  You not answering the complaint.  Actually, that is not very far from being a realistic lawsuit.  If you don't answer claiming fraud, etc., I win.

Have a nice weekend.

Jimmy

AR (I mistakenly wrote AK)  may be a little more debtor friendly than other states when it  comes to fighting a lawsuit , but your guidance makes all the difference, JE.

[Jimmy E]

@debtzapper, thanks.  End result is the OP of this thread WON against a JDB, and that is what is most important!

Unless OP has more to add, I would say, let this thread end, and move on to others who don't know what to do.  I can only offer 'Arkansas' experience, and will do all I can to make sure fellow Arkansans do NOT lose to a JDB.

Thanks again @debtzapper!

Best,

Jimmy

 

[Chalmers Johnson]

Thanks again for all of you guys' help, particularly @Jimmy E Sorry my responses have been sparse since I won my case, in the interim, I've taken a new job in a new state, and have really just gotten settled in over the last couple of weeks. I look forward to participating further as able. I will say this new job really has me on my toes, but my own odyssey will continue as I can only confirm removal of the alleged debt subject to the dismissal w/ prejudice from Transunion only, in fact it looks like PRA reported this again to Equifax as of the 18th per CreditKarma!

For both Experian and Equifax, I ran into trouble trying to submit my online dispute, so it looks like I will have to go the letter or phone call route. I plan to open a new thread as I get moving on this, and will keep my lookout for opportunities to jump in and help others.

-C.J.