Graste

HELP!! Portfolio Recovery Agrees to Arbitration...

Recommended Posts

30 minutes ago, Harry Seaward said:

I would start the ball rolling with JAMS.  When you get to court for the next hearing, you can show the judge that you are doing everything you possibly can in good faith.  If JAMS refuses the claim, then you can go back to court to argue that the case should be dismissed on the grounds that Plaintiff's prior actions and reputation have effectively breached the contract, rendering it null and void.  With no contract, they have no lawsuit against you.

The problem with this argument is the severability clause at the very top that says if any part of the agreement is found to be unenforceable, all other parts still apply.  I would counter that the arbitration provision provides an "essential purpose" of the agreement, and striking it significantly cripples your rights under the adhesion contract THEY drafted.  Further, if the court does not dismiss the lawsuit, Plaintiff will be rewarded for their dereliction of their duty to the arbitrators they are contracted with to resolve such disputes.

But that's only if JAMS also rejects the claim.  See what happens with them first.

If the agreement allows for JAMS and if JAMS accepts the claim, you can't make the breach argument.   In fact, since the arbitration provision is severable, it would probably be more along the lines of a breach of arbitration provision, not a breach of the contract because the contract was already allegedly breached by the OP.

Share this post


Link to post
Share on other sites
16 hours ago, Graste said:

Hey all... I'm back with an update 🙈  When we last "spoke" I sent all of my paperwork into AAA and was awaiting the next court date or AAA response. Well the case was under review for quite some time so the court date came up. I met with a really nice lawyer representing PRA. We went in the hallway again and I updated her as to what was happening. She said ok and we went back into the court room to get the case taken off the calendar. It didn't. The judge put it back on for next month because AAA hadn't responded. 

Well they responded today and I am at a loss. Long story short, they can't take the case because of PRAs previous actions (OMG!). I'm not sure if I should proceed with JAMs. What if the same thing happens?? Please see the attached. 

image.jpeg

When is your next court date?

I would go ahead and file with JAMS and send it CMRRR so you have proof to show the court. This is just a back up in case my main plan doesn't work....

When you go to court again, bring this AAA rejection letter along with your JAMS paperwork.  I would also bring your MTC (which wasn't technically granted previously).

Send an email to the AAA pro-se admin that sent this letter to you.  Ask them if you get a court order to arbitrate if they will re-open and accept your case.  They will respond saying yes they will accept the case with a court order.  I have done this, so I know this is their answer.  Bring that email to court.

This would be my plan, if this were me:

When the attorney meets with me in the hall, I will show them the AAA rejection letter.  I will tell them I'm done playing games and that they can dismiss the case with prejudice today, or I intend to ask the judge to sign an order to arbitrate.  I will show them the AAA email saying they will accept the case with a court order.  I will tell the attorney that if they continue to delay and prolong this case, knowing full well they don't intend to arbitrate, that I will file a motion for sanctions.

I would type up a motion for sanctions and bring it with me.  Hand it to the attorney when you mention sanctions to show them you are no longer playing games with them.

If this doesn't get them to dismiss, then I would show the judge my AAA letter and the email saying they will accept with a court order.  I will also hand the judge my MTC and ask him to grant my motion so that I can send his order to AAA.  If the judge balks or has any questions about AAA not taking the case, you can then mention that the card agreement also states JAMS as an option, and show him that you filed with JAMS also.  I would like to not have to mention that at this stage, but just use JAMS if it seems the judge doesn't want to sign your MTC for whatever reason.  I would also mention to the judge that PRA is just stalling, as the AAA letter proves they don't pay their arbitration bills and never intend to arbitrate this matter, even though you are showing good faith effort in trying to accomplish this.

 

Share this post


Link to post
Share on other sites

Thank you all, again. I was shocked and initially intimidated. I will file with JAMs, before my May 25th court date, and bring all the documents you all have suggested. My spouse feels like we should just pay at this point because PRA must be used to all of this by now 🙈  I just can't understand how they e let it this far. I will hold out though and go the route recommended in this forum. 

Share this post


Link to post
Share on other sites

 They're going to keep on until it actually costs them real money. Until then, there is a chance you could make a mistake and they could get a default judgment. Just stick with it and don't miss any court dates or deadlines and you'll be fine. 

  • Like 2

Share this post


Link to post
Share on other sites

Fist's advice is spot on, and Harry hit on a huge point that is constantly misrepresented by other's well-meaning advice: There is zero evidence that a debt buyer will make a "better deal" when faced with opposition - in fact, we have evidence to the contrary. The bill goes up and the settlement terms get worse the longer these things drag on in court. The best time to "settle," is probably when first receiving one of those "we have passed your file on to an attorney" letters.

Right now you are way ahead of the game in that you have wrapped your head around arbitration. Just don't panic - you are doing great.

  • Like 3

Share this post


Link to post
Share on other sites

They are not "used to this", they are playing you.  There is a big difference.  They are banking on someone like your boyfriend who gets spooked and just throws money at them.  You have to show them you are in control of this and are changing the game on them.

The reason PRA is happy to let this keep going on and on with endless court dates is because they are just waiting for the one time you don't show up.  That one court date where you get a flat tire on the way to court. And as soon as that happens, they will ask the judge for a default judgement and get it.  So it benefits them to keep it going.  It is up to you to shut this down.  You must show the court that you have done everything you are supposed to, but PRA is refusing to act in good faith.  AAA will accept the case if PRA just paid the bill or the court will grant a MTC.

If you file with JAMS, I would not send any money in at this time.  Just file and have your proof if that's what you want to do in court.

 

  • Like 3

Share this post


Link to post
Share on other sites
1 hour ago, fisthardcheese said:

They are not "sued to this", they are playing you.  There is a big difference.  They are banking on someone like your boyfriend who gets spooked and just throws money at them.  You have to show them you are in control of this and are changing the game on them..  

 

 

I have seen this  happen in big personal injury cases with  insurance company defense lawyers who sometimes  try to intimidate an inexperienced plaintiff lawyer and wear down his client  with frivolous motions and dilatory tactics. You just have to  persevere.  

Share this post


Link to post
Share on other sites

Thank you to each and every one of you who provided responses, guidance and encouragement. As I got to court, the case was already dismissed. 

  • Like 4

Share this post


Link to post
Share on other sites
52 minutes ago, Graste said:

Thank you to each and every one of you who provided responses, guidance and encouragement. As I got to court, the case was already dismissed. 

Congratulations!  Hopefully that is the end of it for you.

Share this post


Link to post
Share on other sites
17 hours ago, Graste said:

Thank you to each and every one of you who provided responses, guidance and encouragement. As I got to court, the case was already dismissed. 

Nice!!!

Share this post


Link to post
Share on other sites
On 4/12/2017 at 9:09 PM, fisthardcheese said:

They are not "used to this", they are playing you.  There is a big difference.  They are banking on someone like your boyfriend who gets spooked and just throws money at them.  You have to show them you are in control of this and are changing the game on them.

The reason PRA is happy to let this keep going on and on with endless court dates is because they are just waiting for the one time you don't show up.  That one court date where you get a flat tire on the way to court. And as soon as that happens, they will ask the judge for a default judgement and get it.  So it benefits them to keep it going.  It is up to you to shut this down.  You must show the court that you have done everything you are supposed to, but PRA is refusing to act in good faith.  AAA will accept the case if PRA just paid the bill or the court will grant a MTC.

If you file with JAMS, I would not send any money in at this time.  Just file and have your proof if that's what you want to do in court.

 

You were right! OP got his case dismissed.

  • Like 1

Share this post


Link to post
Share on other sites
On ‎4‎/‎12‎/‎2017 at 6:56 AM, fisthardcheese said:

When is your next court date?

I would go ahead and file with JAMS and send it CMRRR so you have proof to show the court. This is just a back up in case my main plan doesn't work....

When you go to court again, bring this AAA rejection letter along with your JAMS paperwork.  I would also bring your MTC (which wasn't technically granted previously).

Send an email to the AAA pro-se admin that sent this letter to you.  Ask them if you get a court order to arbitrate if they will re-open and accept your case.  They will respond saying yes they will accept the case with a court order.  I have done this, so I know this is their answer.  Bring that email to court.

This would be my plan, if this were me:

When the attorney meets with me in the hall, I will show them the AAA rejection letter.  I will tell them I'm done playing games and that they can dismiss the case with prejudice today, or I intend to ask the judge to sign an order to arbitrate.  I will show them the AAA email saying they will accept the case with a court order.  I will tell the attorney that if they continue to delay and prolong this case, knowing full well they don't intend to arbitrate, that I will file a motion for sanctions.

I would type up a motion for sanctions and bring it with me.  Hand it to the attorney when you mention sanctions to show them you are no longer playing games with them.

If this doesn't get them to dismiss, then I would show the judge my AAA letter and the email saying they will accept with a court order.  I will also hand the judge my MTC and ask him to grant my motion so that I can send his order to AAA.  If the judge balks or has any questions about AAA not taking the case, you can then mention that the card agreement also states JAMS as an option, and show him that you filed with JAMS also.  I would like to not have to mention that at this stage, but just use JAMS if it seems the judge doesn't want to sign your MTC for whatever reason.  I would also mention to the judge that PRA is just stalling, as the AAA letter proves they don't pay their arbitration bills and never intend to arbitrate this matter, even though you are showing good faith effort in trying to accomplish this.

 

Just looking around on this thread...Great job OP!  I too had PRA cases dismissed but none as exciting as this one!  I just had to quote this from @fisthardcheese  this was fantastic!  you had me giddy with excitement at sticking it to them  hahah!!!  Great job team!  I love to hear successes as well.  I only wish everyone out there knew about this lovely forum!

  • Like 1

Share this post


Link to post
Share on other sites

So folks I have a question on this type of dismissal. What an awesome story of success for the OP! (high five)

Does this type of win for the OP have any difference (In Georgia) or similarity to either a with or without prejudice on a "case dismissed" here in Texas courts? (like the "case dismissed without prejudice" I just got here in TX)

This is the good fight I like to see happen! Awesomeness @Gracte

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.