he_who_is_poor

PRA lawsuit, served, 2 weeks court date can I do anything?

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Did the judge deny your MTC? This could be a ploy to scare you into settling before the judge rules on your MTC.

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25 minutes ago, upcycleliving said:
 

Did the judge deny your MTC? This could be a ploy to scare you into settling before the judge rules on your MTC.

No denial. I haven't gone to the court date yet it's on the 15th of March I believe, I will call to confirm. I didn't get the date as it all happened so fast in court/I was nervous/blurry vision sort of deal. I could see the scare ploy. This is my defeatist mind again.

I can list out the claims 1 by 1 there are a lot/different sections.

If I have a chance of winning (of course always?) I want to take it because it would suck having to drop this $1000+ potentially and the "lawyer fees" I could see that after putting together this fat packet.

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You filed an MTC.  The discovery they sent you is meaningless in court, however you can't just flat out ignore it.

First thing is that if they have not responded to your MTC by the date required, then you should go to court and ask the judge to grant your MTC as unopposed.  If they try to object or oppose the motion after the allotted time (which is likely already past), then I would object as to their response being untimely.

I don't know why you are making a huge deal out of their discovery packet.  You already told them and the court that court is the incorrect jurisdiction.  Therefore, they can not continue to litigate this matter in court.  Whatever the timeline is to respond to their interrogatories, then you should respond (if the MTC is not granted before this date) with an objection and state that there is a jurisdictional question pending before the court and discovery is premature and in the wrong venue. Something along those lines.

Just remember that in court, ANYTHING relating to the debt or credit card should be answered with OBJECTION. This is the wrong venue.  Don't fall into their trap of continuing to litigate this in court.  You already said court is the wrong venue in your motion to compel, so don't play their game.  The ONLY issue to be taken up in court is your MTC.

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7 hours ago, fisthardcheese said:

You filed an MTC.  The discovery they sent you is meaningless in court, however you can't just flat out ignore it.

First thing is that if they have not responded to your MTC by the date required, then you should go to court and ask the judge to grant your MTC as unopposed.  If they try to object or oppose the motion after the allotted time (which is likely already past), then I would object as to their response being untimely.

I don't know why you are making a huge deal out of their discovery packet.  You already told them and the court that court is the incorrect jurisdiction.  Therefore, they can not continue to litigate this matter in court.  Whatever the timeline is to respond to their interrogatories, then you should respond (if the MTC is not granted before this date) with an objection and state that there is a jurisdictional question pending before the court and discovery is premature and in the wrong venue. Something along those lines.

Just remember that in court, ANYTHING relating to the debt or credit card should be answered with OBJECTION. This is the wrong venue.  Don't fall into their trap of continuing to litigate this in court.  You already said court is the wrong venue in your motion to compel, so don't play their game.  The ONLY issue to be taken up in court is your MTC.

Alright that is it, "wrong jurisdiction" okay. I will go through this packet again page by page and see. I'll have to check the dates regarding response time. Yeah I was surprised in a line it says on their part "Are you requesting court or jury trial" and they specified court trial. Despite the agreement saying neither court nor jury will settle this matter.

Okay yeah I have to make some moves thanks.

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You have to remember that the judge, the clerks and opposing counsel are used to handing out default judgments. or once in a rare while, to a defendant saying. "You can't prove you have standing to sue me."  They are not used to a defending demanding the claim be arbitrated.  Therefore, they are gong to proceed as if your demand for arbitration just never happened and will try to let the case roll on.  You have to stand your ground and tell  the court it has no jurisdiction and tell opposing counsel that they must arbitrate their claim against  you per their credit card agreement.

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1 hour ago, debtzapper said:

You have to remember that the judge, the clerks and opposing counsel are used to handing out default judgments. or once in a rare while, to a defendant saying. "You can't prove you have standing to sue me."  They are not used to a defending demanding the claim be arbitrated

This ^^^

They all come to work on Monday with an expected routine. There isn't usually anything nefarious going on - it's just that this is "work," and "above my pay grade," so it gets tossed over the cubicle wall until ball gets dropped.

 

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1 hour ago, Goody_Ouchless said:

This ^^^

They all come to work on Monday with an expected routine. There isn't usually anything nefarious going on - it's just that this is "work," and "above my pay grade," so it gets tossed over the cubicle wall until ball gets dropped.

 

Yes, and some judges with the "above my paygrade" mentality and to keep the docket clear, will just deny the motion and let an appeals court sort it out.

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1 hour ago, debtzapper said:

Yes, and some judges with the "above my paygrade" mentality and to keep the docket clear, will just deny the motion and let an appeals court sort it out.

That is the exception, rather than the rule, but yes, best to be prepared.

Fortunately Law from Federal on down is in defendants favor in these cases.

 

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Hey guys I appreciate the words of encouragement. That is a good thing to point out about "nothing personal, just business"

I realize again I'm the one that put myself in this position. I would feel better if paying helped my credit score as I'm facing the problem of being labeled/tainted "can't get into apartments" for example.

At least money is money in a way.

So I'm going to put in the time to go over this packet, though it sounds like I might not need to. I think I need to respond back to the PRA lawyer as this packet says I need to respond in 15 days.

It's crazy the first page has a line "Present date: January #, 2018 like was this packet already prepared back then?

So here it is: (I realize I could take a picture but by typing it, I'll absorb this packet too)

--------------------------------

Summary of below before getting into it:

Four parts: Questionnaire, request for admissions, Exhibit, request for production of documents

My current understanding: I have to write my answers or type? Into the provided pages. Then get it notorized? Two of them. Also mentioned under oath. I'm asked to get documents that I definitely don't have any more. I have to answer within 15 days, or I automatically admit everything is what a page said.

I realize this is a lot of text to read so hopefully this is familiar to anyone who decides to take a stab at this.

But I realize I have to respond before the trial. I'm unsure about using the whole "lack of subject matter or jurisdiction." I mean the jurisdiction part is provided in the agreement. How can I answer these things, I have to specify a reason when I object. I'm not sure if I can still claim "defendant lacks knowledge to answer with 100% certainty"

As always thanks for any help/getting me this far.

--------------------------------

Plaintiff's Pretrial Questionnaire (Pg. 1-4)

1 - 3, details about PRA lawyer

4. Requests for amendments to pleadings: None

5. Theory of your claim... petition for recovery of money on...

6. Theory of your defense, none

7. Total damages claimed...

8. Itemization of damages, same as above

9. Other questions: none

10. If a personal injury - N/A to a-c

11. Other questions of law none.

12: Discovery

a) discovery completed, first request for production of documents, plaintiff's first interrogatories, plaintiffs request for admissions

b- specify further discovery contemplated... no further discovery

c. if further ... n/a

13. Motions

a) motions you have pending: there are no motions currently pending.

b- motions you intend to file prior to trial: after further review of defendant's pleading and or discovery responses, plaintiff may file for a motion for jdugment on the pleadings and or motion for summary judgment

14. State any procedural problems... none

15. List all witnesses you will intend to call on trial. Business records

16. List all exhibits... itemized statements, bill of sale, affidavit of assignment

17. Trial assignment

a) should case receive priority setting and if so why: If due ot out-of-town witnesses... yes out of town counsel and witness

b- are you requesting court or jury trial: court

c) if jury - n/a

d) estimated time for trial: 1 hr

18. What are the prospects for settlement: plaintiff is open to discussing negotiated settlement or payment arrangments

19. should a settlement conference be scheduled in this case: plaintiff is open to a settlement conference if requested by defendant.

 

Boom... all that data entry work comes to use and coding

That's Pages 1-3

Certificate of service is Feb 20, 2018

I swear I saw somewhere that I had to respond in 15 days.

Plaintiff PRA first request for admissions directed to defendant, my name (pg. 5 - 9)

Ahh this is the 15 days.

"...make the following admissiongs for the purpose of this action only and subject to all pertinent objects to the admissibility which may be interposed at the trial"

This sounds like trying to prevent me from requesting the MTC

 A FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS COMPLIANCE WITH (some law to my area I think) SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE.

Alright so I definitely want to respond to this almost immediately hopefully by Tuesday/Wednesday morning.

Definitions:

1. I am me, they are they

2. Plaintiff is PRA

3. Petition... filed this matter

4. Account PayPal account

5. Credit COmpany or OC is Synchrony

6. Whenever the term person... mean any group... llc etc

7. Terms and or

8. All references in gender...

9. All references singular/plural

Requests

All of these are prefixed with "Admit that you..."

1) entered in agreement with OC

2) utilized account to procure goods within past three years

3) by using the account I agreed to pay it back

4) made payments on account within past 3 years

5) OC sent monthly billing statements

6) never objected to any monthly billing statements

7) OC fully performed pursuant to the ToA

8) Plaintiff and OC made demand for payment on outstanding balance

9) I failed or refused to pay outstanding balance

10) statements attached to Exhibt A are true and accurate copies sent to you by OC (how would I know? I don't have these papers anymore) "electronic"

-end-

Seems I'm supposed to write into this packet?

My signature. Notary public. Crap I have to get this thing signed?

Exhibit A (Pg. 10 - 34)

Statements going from 2015-2014

Transaction summary (list of purchases)

Some blank pages

PLAINTIFF PRA FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT, MY NAME (pg. 35 -

Comes now... PRA, following Interrogatories to be answered in writing and under oath within 15 days.

Definitions:

Same as above with some new ones for communication, documents, Herein

Instructions

1) If I know of any docuemnt... communication... cannot give specific information or full information called for by interrogatory... provide best information

2) if I claim to answer an interrogatory... or part thereof is in whole or part privileged or otherwise... identify such information by subject matter and state with particularity the nature and basis of your claim.

3) If I object to any part of interrogatory, answer all parts of interrogatory to which I object/object, state basis for objection

4) interrogatories are propounded to me... continuing basis and required to supplement responses... 

INTERROGATORIES (Pg. 39-41)

These are all prefixed with "If request number # of plaintiff's request for admissions... is not admitted..." facts of defendant's denial or request.

1) Oh are these responses (reasons why I declined) from the first earlier part (the admissions)

Goes up to 10.

Again have to sign/get notorized.

PLAINTIFF PRA FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO ME Pg. (42-

Wow how the hell would I be able to do all these:

1) All documents identified in your answer to Plaintiff's Interrogatories

2) All documents showing any charge related to the CA, which is the subject matter of the petition.

3) All correspondence between Defendant and Plaintiff relating to the CA which is the subject of the petition.

4) All correspondence between Defendant and CC relating to CA, which is...

5) All documents relied upon or consulted in preparation for your answers to Plaintiff request for admissions/interrogatories

6) Copies of any forms provided by any third party other than my Attorney used in defense

7) All monthly bills or account statements received by for CA which is...

8) All credit agreements, agreements, or contracts... between me/CC

9) Any documents that would modify the terms and conditions of CA

10) All documents, including but not limited to, cancelled checks, receipts, deposit slip... reflect purchases or payments

11) All bank statements from 2013 to 2016 to show if and when payments were made by defendant to Plaintiff

12) Any and all copies of your credit report, currently in your possession (haha)

13) Any communications between you and any one other than your attorney, refers relates or pertains to any allegations... including but not limited to any debt management, debt reduction, or debt eliminating company. (scrapers)

14) All reports, notes, drafts, and other documents prepared by any testifying expert.

15) All documents provided to, reviewed by, or relied upon by testifying expert.

16) A copy of the curriculum vitae of any expert witness you anticipate calling as witness at trial.

 

Wow... hmm am I screwed? haha...

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2 hours ago, he_who_is_poor said:

Wow... hmm am I screwed? haha...

I don't know why you keep saying this.  I am running out of ways to say the same thing.  Why would you be screwed? All of this is irrelevant because of your MTC.  You must respond, but your answer to each and every question is OBJECTION. With the reason for objection being wrong venue.  You can only screw yourself by accepting a defeat before you even get to court.

As everyone else said, this is just a case being on auto pilot.  The law firm cranks out these documents for every case without ever even looking at the case files.  They have no idea you filed the MTC until you get to court, most likely.

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1 hour ago, fisthardcheese said:
 

I don't know why you keep saying this.  I am running out of ways to say the same thing.  Why would you be screwed? All of this is irrelevant because of your MTC.  You must respond, but your answer to each and every question is OBJECTION. With the reason for objection being wrong venue.  You can only screw yourself by accepting a defeat before you even get to court.

As everyone else said, this is just a case being on auto pilot.  The law firm cranks out these documents for every case without ever even looking at the case files.  They have no idea you filed the MTC until you get to court, most likely.

Okay. Personal problems I guess (fear of inevitable failure) but also being scared since it's legal and my eyes glaze over. Glaze over is probably not the right term. I get scared because it's legal and I don't understand it. So yeah I'm definitely grateful that I didn't just accept it/eat it eg. get the payments.

Okay I will stop saying I'm screwed. I get the objection, wrong venue.

What do I do/how do I address the part about documents? I don't have them?

I have to figure out how to get this notarized too, I think in the same court building.

Also I can see the autopilot comment as the date was the same time as my first court date.

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I’m starting to think by reading your responses that you might want to consider settling. They are only suing you for $1,000 right? If this is causing you an extremely high amount of stress and ruining your life it might not be a bad idea to see if they would be willing to take a settlement. 

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6 hours ago, he_who_is_poor said:

Requests

All of these are prefixed with "Admit that you..."

1) entered in agreement with OC

Denied

2) utilized account to procure goods within past three years

Denied

3) by using the account I agreed to pay it back

Denied

4) made payments on account within past 3 years

Denied

5) OC sent monthly billing statements

Denied

6) never objected to any monthly billing statements

Denied

7) OC fully performed pursuant to the ToA

Denied

8) Plaintiff and OC made demand for payment on outstanding balance

Denied

9) I failed or refused to pay outstanding balance

Denied

10) statements attached to Exhibt A are true and accurate copies sent to you by OC (how would I know? I don't have these papers anymore) "electronic"

Denied

 

6 hours ago, he_who_is_poor said:

INTERROGATORIES (Pg. 39-41)

These are all prefixed with "If request number # of plaintiff's request for admissions... is not admitted..." facts of defendant's denial or request.

1) Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
2. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

3. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
4. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
5. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
6. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
7. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
8. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
9. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue
10. Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

 

 

6 hours ago, he_who_is_poor said:

PLAINTIFF PRA FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO ME Pg. (42-

Wow how the hell would I be able to do all these:

1) All documents identified in your answer to Plaintiff's Interrogatories

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

2) All documents showing any charge related to the CA, which is the subject matter of the petition.

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

3) All correspondence between Defendant and Plaintiff relating to the CA which is the subject of the petition.

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

4) All correspondence between Defendant and CC relating to CA, which is...

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

5) All documents relied upon or consulted in preparation for your answers to Plaintiff request for admissions/interrogatories

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

6) Copies of any forms provided by any third party other than my Attorney used in defense

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

7) All monthly bills or account statements received by for CA which is...

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

8) All credit agreements, agreements, or contracts... between me/CC

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

9) Any documents that would modify the terms and conditions of CA

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

10) All documents, including but not limited to, cancelled checks, receipts, deposit slip... reflect purchases or payments

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

11) All bank statements from 2013 to 2016 to show if and when payments were made by defendant to Plaintiff

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

12) Any and all copies of your credit report, currently in your possession (haha)

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

13) Any communications between you and any one other than your attorney, refers relates or pertains to any allegations... including but not limited to any debt management, debt reduction, or debt eliminating company. (scrapers)

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

14) All reports, notes, drafts, and other documents prepared by any testifying expert.

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

15) All documents provided to, reviewed by, or relied upon by testifying expert.

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

16) A copy of the curriculum vitae of any expert witness you anticipate calling as witness at trial.

Objection. Defendant has a pending Motion to Compel Arbitration as this court has no jurisdiction over this subject matter and Discovery is premature at this time and in the wrong venue

This is how I would answer everything.  You can have it notarized for free at your bank or credit union. 

Send a copy to the attorney by certified mail and return receipt requested.  File a copy with the court if that is required.

That's it.  Then put this part out of your mind and only focus on your MTC at the court date.

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@fisthardcheese

Thanks a lot man. Sorry if this question is not warranted but when I look at the packet, I'm under the impression that I can just write my answers in with a pen? I'm not sure if I should retype their packet and then type in my response.

Okay I really appreciate this, I will get it answered/mailed/filed hopefully by tomorrow morning. I have everything I need. I'm just unsure about the writing it vs. typing it in. The packet has answer/response fields.

Edit: Actually I probably have to retype because I would change the heading to "Defendant's answer to first request" or something like that.

@upcycleliving

It is true that I don't handle stress well. This is a lot of money for me. This is the woe is me but I live in an apartment that a friend helped me get (under his name) we used to live together but he moved out. So I pay everything now and I can just barely afford the place on my own. This debt would suck if I had to pay it in full as I could potentially get kicked out of this place. I've been saving though/working another job.

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12 hours ago, fisthardcheese said:

 

 

This is how I would answer everything.  You can have it notarized for free at your bank or credit union. 

Send a copy to the attorney by certified mail and return receipt requested.  File a copy with the court if that is required.

That's it.  Then put this part out of your mind and only focus on your MTC at the court date.

Fist, YOU WENT THE EXTRA MILE.  Thanks again for ALL you do here, not just for your advice, but for your patience and support to OPs

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4 hours ago, debtzapper said:
 

@he_who_is_poor

Fist basically did all the work for you.  Now see it through.  Rise above your stress and fear.  Or as I heard it  said once, feel stressed and afraid,  BUT DO IT ANYWAY!

Yeah I'm not really sure how to thank him/everyone else who helped. Aside from doing my best to document my experience for future readers.

Can thank him by getting the MTC granted and then hopefully case dismissed.

Edit: I've written the responses, 9 pages total. This time I did not forget the headers. Have the certificate of service (mailing?) on there as well. There were some pages included for the notary part. I will get those signed and then file/get a copy, mail the filed copy to PRA.

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5 hours ago, debtzapper said:

Fist, YOU WENT THE EXTRA MILE.  Thanks again for ALL you do here, not just for your advice, but for your patience and support to OPs

This is the ONE time that a copy/paste of the same objection for every answer is appropriate, so giving the example to OP to show how uncomplicated this should be was warranted. :)

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10 hours ago, he_who_is_poor said:

It is true that I don't handle stress well. This is a lot of money for me. This is the woe is me but I live in an apartment that a friend helped me get (under his name) we used to live together but he moved out. So I pay everything now and I can just barely afford the place on my own. This debt would suck if I had to pay it in full as I could potentially get kicked out of this place. I've been saving though/working another job.

The good thing about working under this Synchrony Card Agreement is that you only need time and not money to defeat this debt collector.  If you put in the time required to learn and take all of the steps needed, then you should not have to worry about the money aspect.  You also should know that, even as unnerving as being sued seems, this is only the first shot.  It may sound like you only have one shot to either win or lose and if you lose your are stuck in this bind.  Arbitration is your BEST shot, which is why we are giving it to your first.  It should work fine.  However if it doesn't, then you still have an argument to make in court (all be it a bad one) and you have appeals you can make, especially if the judge denies your MTC.  The arbitration steps also take time and give you a few different opportunities to make PRA change their mind about pursuing this alleged debt.  And in the end, if ALL of that has failed, you always have the option of bankruptcy as a last ditch method to rid yourself of something that would cause you to be homeless if you were forced to pay. (And bankruptcy is also not as scary as it first sounds if it becomes a necessity).

So, while it is difficult, the best way to proceed is to stop worrying about paying a judgement and all of the "what ifs" and instead think about all of the ways you have to beat this, starting with your best shot which is arbitration.  Focus on that and make it count.

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8 minutes ago, fisthardcheese said:
 

The good thing about working under this Synchrony Card Agreement is that you only need time and not money to defeat this debt collector.  If you put in the time required to learn and take all of the steps needed, then you should not have to worry about the money aspect.  You also should know that, even as unnerving as being sued seems, this is only the first shot.  It may sound like you only have one shot to either win or lose and if you lose your are stuck in this bind.  Arbitration is your BEST shot, which is why we are giving it to your first.  It should work fine.  However if it doesn't, then you still have an argument to make in court (all be it a bad one) and you have appeals you can make, especially if the judge denies your MTC.  The arbitration steps also take time and give you a few different opportunities to make PRA change their mind about pursuing this alleged debt.  And in the end, if ALL of that has failed, you always have the option of bankruptcy as a last ditch method to rid yourself of something that would cause you to be homeless if you were forced to pay. (And bankruptcy is also not as scary as it first sounds if it becomes a necessity).

So, while it is difficult, the best way to proceed is to stop worrying about paying a judgement and all of the "what ifs" and instead think about all of the ways you have to beat this, starting with your best shot which is arbitration.  Focus on that and make it count.

Well I really appreciate the help man. I had no idea how to handle this before finding CIC. It's so funny how if you put in the effort this seemingly insurmountable thing/automatic loss is just put on hold/mute. Seeing others there(at the court event) I don't know, it's good but bad that I obsess.

Anyway I wrote it all out, will get it notarized/mailed out in a few hours from now.

The whole bankruptcy thing, I don't know, I don't really have anything that I can't accept to lose. I figured it still costs money to file bankruptcy. Though if bankruptcy helped me flip my credit score it would be more interesting of an idea. I've been trying to improve my credit, opening new accounts helps but actually the credit age is getting averaged/less I didn't realize this. The loss of points from some inquiries too. Another topic but yeah.

Thanks a lot for everything.

My main concern next time I show up at court is getting caught off guard by something that I wouldn't know the answer to. I guess I would just keep hammering the point on about "Arbitration" and that this is the wrong venue/no jurisdiction as per the agreement and FAA.

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Most of know what it is like to be stressed out over debt.  The main thing that CIC and the soon-to-be defunct other board taught me was that I had more control over the process than they thought.  I got a lot more sleep at night that way.  

 

I know this is really hard to do, but try to relax some.  

This is NOT the end of the world.  Even if you lose, you will make it through.

Best case, this makes it all go away.

Medium case, this drags it along until you can learn enough law to fight them in arbitration, and they go away or arrange for a reasonable settlement.

Worst case, you buy a lot of time before you have to deal with a judgment against you.  

 

With JBDs, the best case happens a LOT.  

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3 hours later, got it notarized (cost me $2 haha) filed, mailed mcrrr.

Ahh man.

2 hours ago, BackFromTheDebt said:
 

Most of know what it is like to be stressed out over debt.  The main thing that CIC and the soon-to-be defunct other board taught me was that I had more control over the process than they thought.  I got a lot more sleep at night that way.  

 

I know this is really hard to do, but try to relax some.  

This is NOT the end of the world.  Even if you lose, you will make it through.

Best case, this makes it all go away.

Medium case, this drags it along until you can learn enough law to fight them in arbitration, and they go away or arrange for a reasonable settlement.

Worst case, you buy a lot of time before you have to deal with a judgment against you.  

 

With JBDs, the best case happens a LOT.  

Yeah man that first time I was in court wow. That was pretty terrifying.

You're right about the time. It kind of sucks too how it drags on. I somewhat forget momentarily that I'm fighting this when a month or so rolls by and I receive this half-inch thick packet.

Really grateful to have found this site. I'm doing my best to document my experience to help others in the future.

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1 hour ago, he_who_is_poor said:

Yeah man that first time I was in court wow. That was pretty terrifying.

You're right about the time. It kind of sucks too how it drags on. I somewhat forget momentarily that I'm fighting this when a month or so rolls by and I receive this half-inch thick packet.

Really grateful to have found this site. I'm doing my best to document my experience to help others in the future.

It reminds me of when an NFL player reaches the point (through practice and experience) where he says the game seems to "slow down." Now, when you go to court, instead of being totally freaked out, you'll notice all of the other people there with no clue what's going on, about to agree to stipulated judgments on after market Synchrony accounts.

Of course, it's possible to not learn from the experience. It seems like everybody here started in the same place - thinking that they are somehow being victimized by something shady. Some of us eventually realize that we are, in reality, robbing a bank without a gun. The rest carry on with this perverted sense of injustice, like the Midland's of the world are illegal entities that exist solely to personally harass the innocent.

The sooner you look in the mirror and see a Hamburglar Mask staring back, the easier these cases become.

 

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15 hours ago, Goody_Ouchless said:
 

It reminds me of when an NFL player reaches the point (through practice and experience) where he says the game seems to "slow down." Now, when you go to court, instead of being totally freaked out, you'll notice all of the other people there with no clue what's going on, about to agree to stipulated judgments on after market Synchrony accounts.

Of course, it's possible to not learn from the experience. It seems like everybody here started in the same place - thinking that they are somehow being victimized by something shady. Some of us eventually realize that we are, in reality, robbing a bank without a gun. The rest carry on with this perverted sense of injustice, like the Midland's of the world are illegal entities that exist solely to personally harass the innocent.

The sooner you look in the mirror and see a Hamburglar Mask staring back, the easier these cases become.

 

I happened to run into another guy that was dealing with PRA right before court started. This person had no idea, I was like "Did you search here, and here?" Said "I'm just gonna pay it." Guess I can't judge that.

Yeah I do feel like the bad guy, but again it would be great if when you paid it helped your credit score. I don't know how long I will be marked for (problems getting places to live).

It's still tough for me to think on the spot. That's my concern is going up there next time and being asked something unexpected where hopefully I don't shoot myself in the foot by saying the wrong thing.

I may just force myself to think/say like I did before about "Deny. Request Arbitration." I think I said 4 or 5 words. Then walked out, vision blurry ah man. You forget you're surrounded by people too.

Yeah I don't know, people/the world/your parents tell you the path to follow "Don't make these mistakes" and what do you do?... Slow learner I guess.

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