DeeJay1981 Posted January 28, 2019 Report Share Posted January 28, 2019 This is my first legal issue with no legal background or understanding. Any help and input would be greatly appreciated. So I have already been served (at home on 12/22/18), and after a paid consult I filed my response and mailed it to the Plaintiff (1/4/19), and received notice that I have a set court date of 2/11/19 for pre-trial. Included in my response I replied as such: DEFENDANT’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, J***** C******, Defendant in the above styled and numbered cause, and makes and files this, its Original Answer, and respectfully shows: Defendant denies each and all allegations as stated in Plaintiff’s Original Petition and demands STRICT proof thereof. This was my reply based on a paid consultation with a lawyer ($20 for 30 minutes). He advised me that if it does get a court date, based on his past dealings with PRA, that it's most likely that they will not even show up to court. Now, on the off chance that they do show up in court, is there anything I should say or do in defense against this? I was told that I would be able to request them to provide evidence of my debt to them, such as signed contract with them, and receipts. I've never dealt with any kind of legal issue and I'm feeling quite overwhelmed but cannot afford to pay for a lawyer. If there's anything needed from me to help better understand my case, please let me know and I'll provide what I can. Thank you very much in advance for your time and consideration! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 28, 2019 Report Share Posted January 28, 2019 2 hours ago, DeeJay1981 said: He advised me that if it does get a court date, based on his past dealings with PRA, that it's most likely that they will not even show up to court. They didn't show up because those Defendants had actually retained him to represent them. Junk debt buyers do not like facing an attorney in court. They much prefer the easy default judgment. 2 hours ago, DeeJay1981 said: demands STRICT proof thereof. UGH. Depending on what court you are in STRICT proof is not required only a preponderance of the evidence. Is this in Justice Court? 2 hours ago, DeeJay1981 said: I was told that I would be able to request them to provide evidence of my debt to them, such as signed contract with them, and receipts. You were told wrong. If this is a defaulted credit card the court knows there is no signed contract between you and the original creditor and since PRA bought your debt the court also will not look for a contract with PRA. It is basic contract law that when a junk debt buyer purchases a pool of accounts they get all the rights and responsibilities of the creditor they bought the account from so any agreement between you and the original creditor applies to PRA once they purchase the account. As for receipts: those only matter if you are disputing a charge as fraudulent. Not to mention the receipt is given to the consumer at the time of purchase not to the creditor. 2 hours ago, DeeJay1981 said: If there's anything needed from me to help better understand my case, please let me know and I'll provide what I can. Is this case in Justice Court? Who is the original creditor? Quote Link to comment Share on other sites More sharing options...
DeeJay1981 Posted February 3, 2019 Author Report Share Posted February 3, 2019 On 1/28/2019 at 1:26 PM, Clydesmom said: They didn't show up because those Defendants had actually retained him to represent them. Junk debt buyers do not like facing an attorney in court. They much prefer the easy default judgment. UGH. Depending on what court you are in STRICT proof is not required only a preponderance of the evidence. Is this in Justice Court? You were told wrong. If this is a defaulted credit card the court knows there is no signed contract between you and the original creditor and since PRA bought your debt the court also will not look for a contract with PRA. It is basic contract law that when a junk debt buyer purchases a pool of accounts they get all the rights and responsibilities of the creditor they bought the account from so any agreement between you and the original creditor applies to PRA once they purchase the account. As for receipts: those only matter if you are disputing a charge as fraudulent. Not to mention the receipt is given to the consumer at the time of purchase not to the creditor. Is this case in Justice Court? Who is the original creditor? So, yes, it is in a JP court. As far as the original creditor goes, it's Capital One. The only reason it didn't get paid was I was unemployed at the time and couldn't afford to make payments at all. Now that I've got a decent paying job, and am finally at a point where I can afford to make payments, I was originally planning on starting to pay off this debt literally this year. Heck, Capital One even gave me a new card recently, the same exact one that they charged off almost 3 years ago. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 3, 2019 Report Share Posted February 3, 2019 5 hours ago, DeeJay1981 said: The only reason it didn't get paid was I was unemployed at the time and couldn't afford to make payments at all. Now that I've got a decent paying job, and am finally at a point where I can afford to make payments, I was originally planning on starting to pay off this debt literally this year. I feel for you as we have all been there at some point but unfortunately unemployment is not a defense to not paying. 5 hours ago, DeeJay1981 said: As far as the original creditor goes, it's Capital One. This adds to the complication: Cap1 removed the arbitration clause almost a decade ago so using that to make PRA drop it is not an option. You will either have to settle the case or defend it. If you are going to defend it Justice Court requires that you get permission to do discovery. You need to start there and file a motion with the court to do discovery. When you do that you need to define exactly what evidence you want PRA to produce. Quote Link to comment Share on other sites More sharing options...
DeeJay1981 Posted February 4, 2019 Author Report Share Posted February 4, 2019 Well, I just looked up the credit card agreement for Capital One ending Dec 31st 2015 (when it went into default) and saw that it says they may "sell, assign or transfer your Account and this Agreement without your permission and without prior notice to you. Any assignee or assignees will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us." I'm guessing it would just be prudent to settle then. I should just do the right thing. I just cannot afford to pay the amount they're requesting. I'm hoping they would be willing to settle for about half... Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 4, 2019 Report Share Posted February 4, 2019 1 hour ago, DeeJay1981 said: I'm guessing it would just be prudent to settle then. You can settle at any time. You might want to do some research on defending the suit first. However, not everyone is cut out for defending themselves or has the time. DO NOT feel bad if settling is the right option for YOU. This is your life and your decision. You have to live with it not us. Quote Link to comment Share on other sites More sharing options...
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