Amanda67

I read post but still need help PRA Municipal Court

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Who is the named plaintiff in the suit? 

  1. Portfolio Recovery Associates


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

    Javitch Block LLC

    3. How much are you being sued for? 

    $1465.36

    4. Who is the original creditor? (Dell.com and then WEBANK)

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

    6. How were you served? Mail

    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? 

    Franklin Count Ohio

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

    2014

    11. What is the SOL on the debt?  do not know

    12. What is the status of your case?  Filled a response denying everything, went to Mediation. I offered to pay $300 to make it go away and they said they would only accept $800. 



    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? No

    15. How long do you have to respond to the suit?Responded


    16. What evidence did they send with the summons? They provided a years worth of statements, and original statement, and two bills of sale for the account when I asked for it is mediation.

So do I just pay the $800? I am on SSD and have no assets but there is possibility of assets in the future.  In your experiences have they proved their case? I did not ask for Arbitration in the answer or at mediation. Is it too late?

 

Thank you in advance for your help.

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I would go the arbitration route. The Webank agreement says they (PRA) will pay the entire amount of arbitration fees. There's also no "small claims" court exclusion so you have the creme de la creme of card agreements in your favor.  They will drop their lawsuit within a week of being ordered into arbitration. 

The biggest hurdle seems to be having the courts correctly interpret the card agreements and actually ordering the case to arbitration. 

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