CT-man Posted September 3, 2018 Report Share Posted September 3, 2018 WHAT DO I NEED TO DO? SELF REPRESENTING Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 3, 2018 Author Report Share Posted September 3, 2018 please anyone? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 3, 2018 Report Share Posted September 3, 2018 Based on the notice in and of itself, I would guess that you answered a summons and complaint and the trial has been set for 18 October at 10AM. You therefore need to be ready for trial at that date and time. If you need any more help, you will need to answer the questions in the link below: Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 Great , will do. Can you tell me what it means when they say All parties to report "caseflow" and comply with "civil court management order"? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 4, 2018 Report Share Posted September 4, 2018 2 hours ago, CT-man said: Great , will do. Can you tell me what it means when they say All parties to report "caseflow" and comply with "civil court management order"? It means they expect both parties to update the court on the progress with the case and comply with court procedures to keep it moving along and finish. Too many Plaintiffs file cases and then never pursue litigation clogging the courts. Some states like California have a process to ensure that if a trial is not held by a certain point then a hearing is already on the dockets to explain why. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 Thank you Me being the defendant, is there anything I need to file? This law firm filed this case a little over a year ago. Court then, just a few months back, set a status conference. Law firm in the hen requeasted default. I then filed appearance. Court set pre trial date and a trial date. Pre trial date has been put "off" and now just this trial date. I did just in the last week file answer Admitting that account existed but do not know to rest of complaint I also sent law firm a ARB letter via fax. I think I am messing this up big time. This law firm has a total of 4 complaints filed..all with PRA. ONE For a small sum I agreed to payment plan. Two I asked for ARB with both both court and law firm and now this. Messy situation Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 4, 2018 Report Share Posted September 4, 2018 Again, until we know more details, we cannot answer. Not all creditors have put arbitration requirements into their contracts so you might not be allowed to compel arbitration. That is why I asked you to answer the questions in the link I put in. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 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.) HOW*RD L** SCHIF* 3. How much are you being sued for? 20K 4. Who is the original creditor? (if not the Plaintiff) CITIBANK 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) DOOR 7. Was the service legal as required by your state? YES Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? CT, FAIRFIELD 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) ALMOST THREE YEARS, BUT THIS WAS FILED IN JULY 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? not sure since jdb took over , credit report from OC no longer exist online. it only show jdb 12. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). suit served jume last year status conference was sent by court a few months back law firm asked for default i filed appearance court then set pre trial date and a trial date court then canceled pre-trial and set trial date (which is letter i received) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). no 16. 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? i answered summons , just this year and admitted to having an account and did not know to rest of allegations i did not receive any questionares. i just recently sent answer last week. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. they have not sent any evidence or filed any with court. 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 Also, I sent ARB letter to jdb lawyer.I know I am in way over my head, as mentioned previously, This firm has 4 complaints out there against me with the same jdb. I sent arb to them and court for two of them and agreed to payments on one. one of the arbs is on court short calendar. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 also jdb lawyer did not send any evidence to court Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 4, 2018 Report Share Posted September 4, 2018 16 minutes ago, CT-man said: Also, I sent ARB letter to jdb lawyer. Sending a letter is merely step one. Did you file a Motion To Compel Arbitration to the court and the attorney? ONLY a MTC approved by the court is going to force that issue. 6 minutes ago, CT-man said: jdb lawyer did not send any evidence to court Not all states require they do. You have to do discovery according to the rules of civil procedure. This is a large debt in State Court. You should really get a free consult with a consumer attorney because unlike small claims this is full court and they will follow ALL the rules and it is very easy for a pro-se defendant to get steam rolled by the rules. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 4, 2018 Report Share Posted September 4, 2018 You really are in over your head and for $20K, you should really consider an attorney if you can get one as you are not in small claims court. Sounds like neither of you did any discovery and PRA is hoping their evidence is enough. It might be too late for doing discovery at this point since the case is over a year old. Also, as @Clydesmom said, you need to motion the court to compel arbitration but first, you have to see if the arb clause is in the contract. The good news is that it probably is in the contract with Citibank and even better news, the small claims exclusion cannot be used in this case. The bad news is, PRA might follow you into arb for $20k and you waited a year to bring this up to the court. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 5, 2018 Author Report Share Posted September 5, 2018 Thanks for the input. I was planning on going to court to challenge their standing. They may very well not have any. I was hoping to challenge any affidavit they may present without an actual witness. I wanted to know (pertaining to letter sent above) what it meant (for me) what reporting caseflow meant.. like what i needed to do for that and how do I comply with court management order. I was hoping to go to court on that day and maybe, just maybe, they didn't have everything in order and I could object. I just didnt know if I had to file any forms prior to court date and what have you. thanks for your help Quote Link to comment Share on other sites More sharing options...
LaneBlane Posted September 5, 2018 Report Share Posted September 5, 2018 1 hour ago, CT-man said: Thanks for the input. I was planning on going to court to challenge their standing. They may very well not have any. I was hoping to challenge any affidavit they may present without an actual witness. I wanted to know (pertaining to letter sent above) what it meant (for me) what reporting caseflow meant.. like what i needed to do for that and how do I comply with court management order. I was hoping to go to court on that day and maybe, just maybe, they didn't have everything in order and I could object. I just didnt know if I had to file any forms prior to court date and what have you. thanks for your help Before you start filing motions, you need to have a complete understanding of where things stand. You're obviously not at that point. If your strategy involves going to court and hoping the other side doesn't have everything in order, you can't simply object. What would your objection be based on? Did your answer to the JDB's complaint include lack of standing as an affirmative defense? Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 5, 2018 Author Report Share Posted September 5, 2018 I answered That I agreed there was an account and did not know on the rest. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 5, 2018 Author Report Share Posted September 5, 2018 Trial date is not until Oct 18. This summons was over a year ago I didn't realize it was there. Then received status conference, then their motion for default. I filed appearance then answer., but this tria,l date must of been in the works because I o mm ly answered a few days ago. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 5, 2018 Author Report Share Posted September 5, 2018 Assuming they displayed an affidavit froom citizens or PA as to th Ed legitimacy and accuracy of alleged debt. I would object Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 5, 2018 Report Share Posted September 5, 2018 28 minutes ago, CT-man said: Assuming they displayed an affidavit froom citizens or PA as to th Ed legitimacy and accuracy of alleged debt. I would object You would object to what precisely? Quote Link to comment Share on other sites More sharing options...
LaneBlane Posted September 5, 2018 Report Share Posted September 5, 2018 32 minutes ago, CT-man said: Assuming they displayed an affidavit froom citizens or PA as to th Ed legitimacy and accuracy of alleged debt. I would object Did PRA purchase the account from Citibank, or is the chain of ownership longer? Are you familiar with your discovery options so you can actually obtain a copy of the ownership documentation? Do you have a legitimate defense as to the $20k they're seeking? Your trial date is next month. You need to stop making assumptions and start preparing your case. Time is going to start running out very quickly. Quote Link to comment Share on other sites More sharing options...
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