Jump to content

Sued by PRA in Wisconsin for Synchrony CC


Recommended Posts

Update:

Today I received some mail from the PRA attorney, it appears they have also filed a motion to stay pending arbitration. They sent me a copy of the motion to stay and a copy of an order to stay which gives me 60 days to "perfect the arbitration filing". I checked my case online and it looks like the judge signed the order. I was thinking it was odd that I haven't heard from the court for almost 2 weeks because when I submitted my answer and MTC the clerk said they'd call me within a week to set up a phone conference. 

I've downloaded the JAMS application and will search the forum here for some tips on filling it out. I do believe I have some legitimate disputes to list, PRA has sent me letters with different charge off amounts on them for this same account to name one. 

Any thoughts on the best way to proceed are appreciated. Thanks.

Link to comment
Share on other sites

5 minutes ago, Harry Seaward said:

What is the amount (ballpark) of this debt

Less than $1300. Do I have to pay the filing fee? I think the agreement says they will pay all fees, so I was going to file it and send them a copy letting them know I'm requesting that they pay it. 

From the CC agreement:

Quote

4.  The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator 
charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you 
prevail on claims you assert against us in an arbitration proceeding which you have commenced.

 

Link to comment
Share on other sites

Yeah, they're jerking you around hoping you make a mistake. I would just get a case opened with JAMS and "ask" them to pay you portion of the fee, per the agreement.  If they tell the court you didn't pay, bring up the "we will pay" language from the agreement and show the communication from you asking them to pay.  They will probably say you aren't acting in good faith, but I'd  make them convince the judge of it. If he says you have to pay, then pay.

Link to comment
Share on other sites

The above advice is good.

Make sure you (a) keep copies of everything you send and (b) make sure you send everything CMRRR.

One last thing -- 60 days seems like a long time, but it isn't.  All sorts of things can go wrong.  Get this done as soon as possible.  If you get things done quickly enough, you can also show the court the forms you get from JAMS confirming you initiated the case.  The more you have, and the earlier you have it, the better.

If you get everything you need to the magistrate well before the deadline, you will probably win this one.  

Link to comment
Share on other sites

  • 1 month later...

Update: 

So about a week or 2 after my last post, after the court granted MTC, I received an agreement to dismiss with prejudice from the PRA lawyer, all I had to do was sign it and send it back. Case closed right? Well I did that in early May and the case is still open. I've also resent copies cmrrr a couple weeks ago and still no change. The stipulation to dismiss was not yet signed by them when I signed it and returned it. So i'm thinking they're trying to pull a fast one and make me think the case is closed, so I don't file the arbitration case with JAMS within the 60 days I was given, and I end up losing the case.

Link to comment
Share on other sites

4 hours ago, sugarray said:

Update: 

So about a week or 2 after my last post, after the court granted MTC, I received an agreement to dismiss with prejudice from the PRA lawyer, all I had to do was sign it and send it back. Case closed right? Well I did that in early May and the case is still open. I've also resent copies cmrrr a couple weeks ago and still no change. The stipulation to dismiss was not yet signed by them when I signed it and returned it. So i'm thinking they're trying to pull a fast one and make me think the case is closed, so I don't file the arbitration case with JAMS within the 60 days I was given, and I end up losing the case.

They aren't trying to pull a fast one. They are just/lazy/busy/incompetent.

Email them back and tell them that the case is still open and you have not received a copy of the finalized dismissal as agreed upon in your settlement.  Tell them that you will have to file the JAMS arbitration case in X days so that you are compliant with the court order unless the dismissal is filed and finalized by then.

Often times, I find myself reminding attorneys and essentially doing the secretary work for them.  This is just how things work in this world.

Link to comment
Share on other sites

40 minutes ago, fisthardcheese said:

They aren't trying to pull a fast one. They are just/lazy/busy/incompetent.

This ^^^

Beating a dead horse, but nothing good happens if you buy into the tinfoil-hat stuff about them sitting up nights scheming on how to "get" you.

When we settled, my lawyer called them to set up a time, I went over to plaintiff's law office and we exchanged signatures. Seeing how buried they were in paperwork, I can see how something like this would totally get lost in the daily shuffle.

 

Link to comment
Share on other sites

It appears your 60 day deadline is a few weeks away.  So you have to make the deadline you give them to sign the documents and file with the court pretty fast, such as the end of next week.  Check what they mail to you, and check on line (which you can do in Wisconsin).  Give to the close of one business day (2 at the VERY most) past the deadline to file in JAMS.  Which means you have to have everything prepared in JAMS so you can mail it off the next morning if they miss the deadline plus the day or two leeway you give for things to appear online.

Link to comment
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.

 Share

×
×
  • Create New...