noni2four

INDIANA: Sued by Portfolio Recovery - Need some guidance

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MY ANSWERS TO THE STANDARD QUESTIONS:

1. Who is the named plaintiff in the suit?

 PRA

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

 listed for Norfolk, VA

3. How much are you being sued for?

$1000.00+

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

Synchrony Bank/Amazon (I have copy of agreement with JAMS clause)

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

Court verified

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

Notice on door on August 21st | Mail rec'd August 22nd.

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?

No

9. What state and county do you live in?

Indiana

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

2.2015

11. What is the SOL on the debt?

6 yrs

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).  

Court website has status as SERVED AUGUST 21st.

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? (listed below)

I have 20 calendar days to respond. Which means Sunday, September 10th is my 20th day.

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

Included in the summons packet are the following documents:

PAGE #1
Summons - Must answer the complaint in writing to be filed with the court within 20 days from date you received summons.

PAGE #2
Affidavit of Debt - Unpaid balance $1000+ on account ending in XXXX. This account was opened 2011. Last payment received 2015.

Type of acct: Credit card (Synchrony Bank/Amazon)

Plaintiff is not seeking attorney fees

PAGE #3
Complaint:

    Account of NAME, account number ending in XXXX is in default
    Original creditor is Synchrony Bank
    Obligation is past due. Amount owed $1000.00+
    Plaintiff demands judgement against defendant for the sum plus court costs.

PAGE #4
Bill of Sale: September 2016 - There is no identifying info at all on this document. Document indicates forward flow covenants and conditions in purchase agreement - no purchase agreement included.

PAGE #5
Summary of Account Activity from Amazon.

PAGE #6 & #7
Appearance by Attorney in Civil Case

PAGE #8
Certificate of Service

 

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I could use an extra set of eyes to look  over the following docs I have prepared for possible errors. Once I feel they are good to go, I will file with the court and send CMRRR to Plaintiff attorney

I have completed the following documents:

ANSWER TO SUMMONS

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND
DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING
ARBITRATION

AFFIDAVIT

NOTICE OF ARBITRATION ELECTION to PLAINTIFF ATTORNEY

 

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MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND

DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING

ARBITRATION

 

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

 

1. That on or about XXXXXXXXXXXX, Plaintiff filed its Complaint against Defendant.

 

2. Defendant sent a letter via certified mail to Plaintiff's attorney on September __, 2017, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).

 

3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

updated to remove information - the more I dig into this thing, the more I think I have a case of mistaken identity here.

 

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AFFIDAVIT OF XXXXXXXX XXXXXXXX

NOW COMES Defendant in Pro Per, XXXXXX, whose residence is XXXXXX, XXXXXX, IN XXXXXX, certifies and says:

1. I am a resident of the State of Indiana, XXXXXX County, and I am a competent person over 18 years of age.  This affidavit is voluntarily made on my personal knowledge and, if sworn as a witness, I can testify to the facts in this affidavit.

2.  On XXXXXX, 2017, I was personally served a summons and complaint in this case.

3.  A true and correct copy of the Synchrony Bank account agreement that governs the alleged account at issue is attached as Exhibit B. For the convenience of this Court I have highlighted the section of the agreement that contains the Arbitration Clause, found on page 4.  

4.  On xxxxx____2017, I sent a letter by USPS certified mail return receipt requested (CMRRR) to Plaintiff's attorney notifying Plaintiff of my intent to exercise my contractual right to elect private contractual arbitration via JAMS, as per the account agreement's Arbitration Clause. A true and correct copy of the letter is attached as Exhibit A.

5.  Plaintiff Portfolio Recovery Associates, LLC never extended credit to me.

6.  There have been no transactions or course of dealing between Plaintiff Portfolio Recovery Associates, LLC and me.

7.  I deny there is presently due and owing to Plaintiff Portfolio Recovery Associates, LLC the sum of $XXXXXX.

8.  I voluntarily elect to exercise my contractual right to have the disputes of this account and the disputed amount of $XXXXXX to be resolved by a JAMS arbitrator in place of this Court.    

Pursuant to 28 U.S.C. § 1746(2), I, XXXXXXXXXXXX, hereby declare under penalty of perjury, that the foregoing is true and correct, to the best of my knowledge, information and belief.

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Am I missing anything?

Based on what I have read - especially the other Indiana cases, my plan is to:

File Answer to Summons and MTC Arb at the same time

Send CMRRR copy to Plaintiff attorney as well as email them a copy through my that provides absolute verification of receipt and view. The court documents indication email is an approved method but I wish to do both based on some of the stories I've read.

I also have forms for Exhibit A and B

Credit Card Agreement from the year of default

Will make 3 copies of everything

This forum and CB has been a Godsend!

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UPDATE & QUESTION: They have been given until Oct. 12th to respond. I am trying to prepare for their response. Obviously if they do respond and want to arb, I have the info to file that - but what if they don't respond by the 12th? I want to be prepared ON Oct. 13th to act.

Do I file a motion to dismiss?

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