OldDebt

Michigan Nov 2018 Portfolio Recovery Associate Old CC debt Law Suit

10 posts in this topic

Good Day All,

After receiving mail from bankruptcy lawyers about a pending lawsuit I thought to Look Up Cases / Balances in my district.  Lucky me own case number and register of actions.  Never having been through this I want to be as proactive as possible.   This suit will be within the SOL unfortunately. 

I am being sued by Portfolio Recovery Associates LLC (“PRA” [took forever to figure that abbreviation out]).   The attorney listed is Michael J. Olcese.  

The ROA only lists a few things thus far:

·         Summ & Comp filed 

·         Summ & Comp By Plantiff Issued

·         Filling Fee Pad

·         Check tendered

ROA shows a date of 11/9 and as of 11/28 I still have not been served.  When can I reasonably expect this to occur, and is there anything that I can do between now and being served?

 I found a thread with some outstanding content started by bmc100, “Those being sued in Michigan by a JDB, step by step in Defending” but 2012 was years ago.  Combine this with the thread, “My experience losing in court (pretrial)” I am left with an unsettling feeling.

I must protect my family’s assets to the best of my ability.  Last thing I want is a debt from surviving college to set my household back.  With that being said, outside of, https://www.bsdd.com/sitefiles/7887/new-guidelines-on-to-draft-the-answer-and-affirmative-defenses.pdf  what information can I delve into to start preparing for this.  What threads what case law, where do I start?  My assumption is I will not have the luck that ‘not_me_ok’ had in obtaining an outright dismissal.

In recent history, how often is success realized by the defendant in these cases?   I have seen mention of arbitration.  Are the courts so favorable to plaintiffs / hostile to defendants that this is the best course of action?   My wife went through something like this in 2010 and simply said, “she had no knowledge of the debt” and the case was dismissed.  Is it still as simple as saying this?

Also I just found this section of the forum and at a quick glance there seems to be some great information that I am completely ignorant to.  This will be resolved on the weekend.  Also for those of you that made it to the end of this post, thank you for your time and attention.  Any and all input is greatly appreciated.

Sincerely,

OD

 

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31 minutes ago, OldDebt said:

I found a thread with some outstanding content started by bmc100, “Those being sued in Michigan by a JDB, step by step in Defending” but 2012 was years ago.  Combine this with the thread, “My experience losing in court (pretrial)” I am left with an unsettling feeling.

The dates of these two threads determines their relevance.

32 minutes ago, OldDebt said:

In recent history, how often is success realized by the defendant in these cases?

Rarely.

33 minutes ago, OldDebt said:

I have seen mention of arbitration.

This is the path you want to follow if possible.  It's mostly dependent on who the original creditor is, which you neglected to mention.

33 minutes ago, OldDebt said:

Are the courts so favorable to plaintiffs / hostile to defendants that this is the best course of action?

It isn't a question of favoritism vs. hostility.  It's common sense.  Why does the plaintiff have a pile of account statements with the defendant's name and address on them?  Why do those statements show payments having been made on the account?  Why does the defendant say things like "I have no knowledge of this account" instead of "I never opened or used this account"?  What's changed in the last few years is the fact that courts have gotten with the digital age and realized that it's completely impractical to only admit evidence introduced by someone with "personal knowledge", as was once the case.  Now there are things like "adoptive business records doctrine" where a witness from Company A can introduce business records created by Company B, provided that witness testifies that Company B's records were incorporated into Company A's records, and relied on in day-to-day business activities.

So if your debt is not Cap1 from the last 10 years, and not Citibank where you are being sued in "small claims" court, you should be good to go with arbitration.

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13 hours ago, Harry Seaward said:

So if your debt is not Cap1 from the last 10 years, and not Citibank where you are being sued in "small claims" court, you should be good to go with arbitration.

Better still for OP, Michigan doesn't allow attorney representation in small claims; the Citibank cardmember agreement's small claims exception isn't a factor. 

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Good Afternoon All, 

This debt is from Gander Mountain CC which was held by Comenity Bank  Charged off Feb '15.  PRA references World Financial Network Bank as Original Creditor via credit report.  

I need to spend more time on this forum before requesting anything more from you folks.

Thank you for your responses and have a great weekend.

OD  

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16 hours ago, OldDebt said:

what information can I delve into to start preparing for this. 

See if you can locate a copy of the account agreement from just prior to default. See if it contains an arbitration clause.

16 hours ago, OldDebt said:

What threads what case law, where do I start? 

Here are CandyCLC's 2 recent JDB threads. Read them both a few times over so that you understand them. Yes, the first one is long. The second plaintiff is PRA. Understand that both threads contain very well-meaning advice from very experienced posters, some of which does not comply with Michigan law and/or court rules of civil procedure. Candy's judge in the 2nd case was not familiar with arbitration and had to be walked through it. Thankfully, she came prepared to persuasively argue her case.

 

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50 minutes ago, OldDebt said:

This debt is from Gander Mountain CC which was held by Comenity Bank

One of the best arbitration provisions around. PRA will dismiss before arbitrating this debt. 

What is the amount of the debt? 

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Good Afternoon All,

Thanks Brotherskeeper, will read those suggested threads tonight.

Harry  the debt is $2,487.

 

As always thank you for your time and attention.

Edited by OldDebt

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Good Morning All, 

Brotherskeeper -- Any papers related to the CC have long been lost in the transition from college to a profession.  My record keeping is woefully inconsistent and down right undefined.  

Harry -- Appreciate the arbitration information.  I will do a deeper dive after I consume my first coffee.

Thank you for your continued support and advice on this topic.  The responses have been incredibly helpful.  I have some month end close matters to attend to and will review the content provided.  

"Thank you" just doesn't do this justice.

Have a wonderful Satruday

OD

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4 hours ago, OldDebt said:

Brotherskeeper -- Any papers related to the CC have long been lost in the transition from college to a profession.  My record keeping is woefully inconsistent and down right undefined.  

@OldDebt Do you know how to tag forum members? It makes it much easier for us if we get a notification. You type "@" then type the screenname. A column of names should appear to the left. Then click the correct name and it will appear in blue in the post as yours is here. I sometimes have to do this a few times before it succeeds. 

I didn't mean to search your home files for the contract, but it's good you tried. A Google search for the specific branded card agreement from the year you defaulted is what I meant. If you find online an agreement from a year the account was in good standing, and that contract has a "survivability clause," that would work also. You want to read the arb provision. Harry says it's a good one. 

Without being served with a copy of the complaint, you don't know yet what cause or causes of action it contains. If it's a breach of contract claim, plaintiff may attach a copy of the agreement to save you the trouble. If it's an account stated cause of action, plaintiff will attach an affidavit and some other document(s). 

 

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