kay2020

NEED HELP! Sued by Portfolio Recovery Associate in JACKSON county ILLINOIS

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Hello everyone,

I was served Saturday (7/22/2017) morning with a suit for unpaid debt. This is my first time ever dealing with a legal matter and I never even been in a court before except for jury duty. I'm nervous about this and will happen and what I should be doing.

The date on the summon is  8/22/2017. I am lost at what I should do by then. I really need a step by step instruction. I have read a lot online and it is getting overwhelming. Do I need to submit an appearance? what about an answer? Am I expected to show up on that return date? Or maybe hiring an attorney would be the best for this?  Since  I don't understand any of the stuff written in the summons. I would greatly appreciate any guidance or help from anyone here.

My financial situation at the time and now still have not improve to settle on this matter. 

 

1. Who is the named plaintiff in the suit? 

Portfolio Recovery Associates

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Blitt and Gaines PC

3. How much are you being sued for?

$4140.89

4. Who is the original creditor? (if not the Plaintiff)

Synchrony Bank / GAP

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

In person

7. Was the service legal as required by your state? 

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

Not even sure if I even received anything from them

9. What state and county do you live in?

Illinois - Jackson County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

April 2015

11. What is the SOL on the debt? To find out

5 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Served.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

Date on the summon 8/22/2017. I do not receive a questionnaire regarding the lawsuit. I will attached the claims they made at the end of this post.


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Copy of the last payment made on the account prior to charge-off (Exhibit 1) and an Affidavit from Custodian of Record.

 

Also attached the whole document provided.

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@gwheelock915

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@kay2020

I believe that Synchrony has an arbitration provision in its credit card agreement.   Read the following threads:

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

The following is a sample Motion to Compel Arbitration.  You MUST EDIT it to include your case information, court rules, and statutes.

http://www.creditinfocenter.com/community/topic/326255-portfolio-recovery-associates-llc-suing-me-in-arkansas/?do=findComment&comment=1327825

Read postings by @howucan2.

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Get a copy of the Synchrony Card agreement and read the section for arbitration.  It lists JAMS as the arbitration forum.  JAMS will cost PRA a minimum of $5,000 while they cap you, the consumer's fee at $250.  But even then, the card agreement says that Synchrony (a.k.a. PRA since they bought the debt) will pay all arbitration costs and filing fees, so it would cost you $0.

In IL, arbitration is the best method of dealing with this.  The courts are very unfriendly to consumers who represent themselves.  In addition, PRA almost always refuses to even participate in arbitration due to the costs and extra time it takes them.  99% of the time, PRA will dismiss the case once you get the court to grant your motion to compel arbitration.

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I am not certain, but there was something about Ill. courts and arbitration.  Might be best to file the MTC arb in lieu of an answer.  Ill look around the rules for ill and see. (something in my brain said there was a problem in answering the suit first, but we will see)

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ok, from what I can tell it would be best to ask for arbitration if not before, then at the same time.  Some Ill case law shows defendants waived their right to arbitration if they didn't ask for it when they filed their answer. So I would file a motion to dismiss, or in the alternative stay cae, and Motion to compel PRIVATE contractual Arbitration.  ILL. has their own arbitration process, you want to make sure you do not get caught up in court arb, but private arb with JAMS.  There are many examples of that motion on this site, just search it out.

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Hi everyone, I filed my motion to the court on the court date and the judge gives the plaintiff until 26th Sept 2017 to respond to my motion to dismiss. Also in that motion I file a compel to arbitration. I don't know what to expect from them. Do I have anything to worry about?Also do I need to mail a request for arbitration like what it said in the original creditor contract?

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If you mailed a copy of your Motion that includes a motion to compel arbitration to the plaintiff's attorney like you should, then I consider that also a notice of arbitration.  So I'd say you have that covered already.

You may want to prepare a reply to their response.  They are likely going to throw out all kinds of crazy reasons that arbitration does not apply.  I would start working on finding case law to refute any arguments they make to that extent.  You will likely only have 30 days (or less) to file any reply to their response.

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On 8/27/2017 at 6:41 AM, fisthardcheese said:

If you mailed a copy of your Motion that includes a motion to compel arbitration to the plaintiff's attorney like you should, then I consider that also a notice of arbitration.  So I'd say you have that covered already.

You may want to prepare a reply to their response.  They are likely going to throw out all kinds of crazy reasons that arbitration does not apply.  I would start working on finding case law to refute any arguments they make to that extent.  You will likely only have 30 days (or less) to file any reply to their response.

Thank you for your reply. I don't follow, now I need to work on my case for the arbitration request incase they try to fight it?
Any help showing me towards that direction would be greatly appreciated.

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On ‎8‎/‎26‎/‎2017 at 8:51 AM, kay2020 said:

Hi everyone, I filed my motion to the court on the court date and the judge gives the plaintiff until 26th Sept 2017 to respond to my motion to dismiss. Also in that motion I file a compel to arbitration. I don't know what to expect from them. Do I have anything to worry about?Also do I need to mail a request for arbitration like what it said in the original creditor contract?

So, did you file two separate motions for this? 

What was the basis of the motion to dismiss?  Can you post a redacted version? I would guess that you will not win that one, especially this early on in the case.   The courts are too friendly to the creditors in this state.   As others have said, your best bet would be to go the arbitration route.   Illinois, to the best of my knowledge. will not stop you from filing arbitration this early in the case.  If you go any farther, the court may consider that engaging in litigation. 

Do you have permission to file the motion for arbitration?  That is also needed in SC court in this state, but maybe not in Jackson County.  If you ask, it should be granted.  So, I would suggest doing as others have said.   You can draft a motion to compel arbitration, send it to PRA and let them know you will be asking to have this granted at the September hearing.   I would also prepare the JAMS paperwork and have it ready to go.  That will tell them you are serious about going to arbitration.  Send everything to PRA via certified mail. 

Watch the court docket to make sure PRA does not file a Motion for Summary Judgement to be heard on the same September date and not notify you.   I would guess that they expect your MTD to be denied and will go for a quick win right there. 

Lastly, look up your local court rules and Illinois Supreme Court rules.  They will cover the process you are following.  Google Jackson County court to find them.  The Clerk has posted them.

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