Proper procedure for actual court - does their lawyer actually have to show up, because in my case, their lawyer didn't show up and I had to talk to some random guy.

[not_me_ok]

If, I have had my first pretrial, and now an scheduled for a trial on January 12th, 2019, is it too late to ask for arbitration? I don't have a lawyer and can't afford one. I am on disability, making $680.00 a month. I have a mental condition so I also have a payee. I believe there are several things that Portfolio Recovery Associates have done in their record keeping that are possible scamming behavior. before my first pretrial, I did homework on the debt buyer's record and there was a Court Order against the company because they were found to have been less than truthful in their tactics. The Court Ordered P.R.A. they are unable to bring a case to court until they have satisfied a bunch of requirements. Portfolio Recovery Associates didn't follow what they were supposed to do, so I am hoping to show the Court Order filed in 2015 and lasts until 2020. Any input from anyone I would greatly appreciate it.

Also, I have a question.  I went to the court on the day the summons told me to show up. I also submitted my answer to the court in the time period that was allowed.  On the original summons, it was signed by an associate from the law firm M.&J. LLC. It was a female lawyer. The day of court pretrial, no one from the law firm actually showed up, and everyone there who was getting sues from several different law firms and collection agencies, everyone had to wait in line outside the courtroom and everyone had to visit with some random man that said he was a representative  lawyer acting on behalf of all the  law firms.  Is this fair? Is it legal? No one from the law office actually showed up and I was told I had to talk to some guy who didn't know anything about my case?    Also, is there anything I can do before the trial date?

[WhoCares1000]

Since you have already gone down the trial route, it is probably too late to request arbitration at this point. As for the evidence, if you did not request discovery (and since a trial date has been set, I assume that you cannot do so at this point), they can bring in any evidence they want and after those consent decrees were signed with the CFPB, many of the larger debt collection organizations such as PRA went to the state legislatures to change the rules to allow their evidence to be submitted.

That said, you can always send a letter to PRA's attorney telling them that they are wasting their time due to your financial situation because they cannot collect. Have your payee inform your bank that your funds are exempt so that they cannot try to do a bank levy. PRA may still pursue the suit because of the philosophy that you might get a windfall suddenly.

As for the stand in attorney, that is totally legal and is done regularly. In fact, on the day of trial, you might get a different attorney from a different firm who has read your case file 5 minutes before the case starts.

[fisthardcheese]

5 hours ago, WhoCares1000 said:

Since you have already gone down the trial route, it is probably too late to request arbitration at this point.

I disagree.  OP has not participated in any court activity other than showing up for a pre-trial.  They have not participated in discovery or anything else yet.  I would file a motion to compel arbitration ASAP in this case.

[not_me_ok]

CASE UPDATE:

I just received in the mail an "Order to Dismiss without prejudice" due to financial hardship. I know this means they can still bring the case again, at last until 2022. I would like it if it was done WITH PREJUDICE. Should I make a motion to the court asking for that, or should I ask for arbitration still? There still is a consent order they have to follow until 2020... what should I do?

[Goody_Ouchless]

Let it go. You won - they won't be back. 

[Clydesmom]

1 hour ago, Goody_Ouchless said:

Let it go. You won - they won't be back. 

THIS^^^^^^^^^^^^^^^^^^^^^^^^^

[WhoCares1000]

2 hours ago, Goody_Ouchless said:

Let it go. You won - they won't be back. 

Listen to this advice. They know you will fight and obviously you do not have any income or a possible chance at assets in the future to make up the cost of fighting. They will not come back. They want easier wins.