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Ann_

Help I just received a summons from Portfolio Recovery assoc.

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Hello I need help! I just received a summons from PRA LLC. 

They have 4 exhibits attached 

1.evidence of account activity 

2. Final statement before charge off

3. Account terms and conditions 

4. Evidence of assigment

they have a bill of sale attached but nothing specific that states my name or account number in the bill of sales.

 

the original creditor synchrony bank/ amount  approx 3800

 

 

help what do I do!!! How can I try and beat this.

 

last payment was made in June of 2016.

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7 minutes ago, Ann_ said:

help what do I do!!! How can I try and beat this.

Answer the suit using an affirmative defense of private contractual arbitration in JAMS.  Synchrony has the best arbitration clause hands down of any creditor.  Then file a motion to compel arbitration if  your court allows motions to be filed ahead of trial in small claims court.

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I have been reading a lot of threads but I’m still new to this. 

47 minutes ago, Clydesmom said:

Answer the suit using an affirmative defense of private contractual arbitration in JAMS. 

So how should I respond? What should I say back to them in response? Do I simply state that I would like a private contactial arbitrations in Jams?

 

thank you

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2 hours ago, Ann_ said:

I have been reading a lot of threads but I’m still new to this. 

So how should I respond? What should I say back to them in response? Do I simply state that I would like a private contactial arbitrations in Jams?

 

thank you

You are going to have to research how to file an answer or hire an attorney to defend you.  These are legal documents not simple letters you send to the court.

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Received summons from Portfolio Recovery for pre-trial mediation. I read up on a forum from 2013 about proving ownership of debt. With summons I received:

1. Served page

2.  Right to venue

3.  Complaint for damages and on this page account stated count 1

1-7. #4 capital one has assigned the subject account and plaintiff is the owner of debt.

4-5 old capital one statement

6.  Your account has  charged off from capital one.

7-12.  Old capital one statements.

There is absolutely nothing that shows they own the debt.

Went to mediation today and asked the mediator for proof of ownership. He did not have anything, not even a copy if the summons. I told him I do not owe Portfolio Recovery because I am not under contract nor do I have proof they own the debt. He asked if I wanted to go to trial to get that proof? I said yes.

Of course sent to judge for trial set up. I told judge I do not owe Portfolio anything. Judge said you are denying oweing Portfolio Recovery. I said yes. He then asked if I deny owning capital one and I said no.

He then set up trial for May and set it for 15 minutes.

Now what do I do. Also I have been unable to work since May 2015 and made my last payment to capital one in May 2016. I am on disability and that's my only income and that is the reason I could no longer pay Capital One.

I don't know if it helps but I have 35 different phone numbers that I have blocked from Portfolio Recovery. I just need to see what I need to do next.

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