6897Q

Court this morning with portfolio.

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I went court this morning. When I answered the summons, I filed a motion to compel to arbitration.  The judge granted the motion. The attorney from the law firm that is suing me was not there some other local attorney showed up to handle the case. The Judge acted clueless to the arbitration clause on my CC agreement. For some strange reason when I got the card I kept all the papers they sent me and I had the original CC agreement.  I think the attorney was very surprised that I still had it. 

 

So what do I do now? Contact Jams and set up the arbitration and see of portfolio attends it?

 

Thanks 

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1 minute ago, 6897Q said:

So what do I do now? Contact Jams and set up the arbitration and see of portfolio attends it?

Yes. You can open a case on the JAMS website. 

What was the court's ruling on the pending lawsuit? Did it schedule a status conference?

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1 minute ago, Harry Seaward said:

Yes. You can open a case on the JAMS website. 

What was the court's ruling on the pending lawsuit? Did it schedule a status conference?

It was on a pending suit yes. The judge just granted my motion and that was it. He never stated anything about a status conference or coming back to see him at all. 

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Was the case dismissed? 

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49 minutes ago, Harry Seaward said:

Was the case dismissed? 

You know I am guessing it was. I was never told anything else. They Judge said he would let the arbitration handle it. 

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Is there an online court docket you can search to find out exactly what has happened, what the ruling was?

And you might want to wait a little before filing in JAMS, to see if you receive a written ruling from the court with any instructions to the parties.  You just had the hearing today, so it may take a few days for the court to make an official ruling and send it out.

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3 hours ago, 6897Q said:

I went court this morning. When I answered the summons, I filed a motion to compel to arbitration.  The judge granted the motion. The attorney from the law firm that is suing me was not there some other local attorney showed up to handle the case. The Judge acted clueless to the arbitration clause on my CC agreement. For some strange reason when I got the card I kept all the papers they sent me and I had the original CC agreement.  I think the attorney was very surprised that I still had it. 

 

So what do I do now? Contact Jams and set up the arbitration and see of portfolio attends it?

 

Thanks 

You in Alabama? If so i sent my arb. motion and waiting for date. Can you tell me what you put in your arb. Maybe it can help me..Thanks

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15 hours ago, 6897Q said:

You know I am guessing it was. I was never told anything else. They Judge said he would let the arbitration handle it. 

Well what did you ask for in your Motion to Compel that was granted?  That would be what the court ordered.

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1 hour ago, fisthardcheese said:
 

Well what did you ask for in your Motion to Compel that was granted?  That would be what the court ordered.

 I filed a motion to compel to arbitration The case was dismissed from local court. My thoughts are will portfolio enter into arbitration or just give up. 

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15 hours ago, THELEGEND said:

You in Alabama? If so i sent my arb. motion and waiting for date. Can you tell me what you put in your arb. Maybe it can help me..Thanks

 

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On 4/29/2019 at 3:49 PM, nobk4me said:

Is there an online court docket you can search to find out exactly what has happened, what the ruling was?

And you might want to wait a little before filing in JAMS, to see if you receive a written ruling from the court with any instructions to the parties.  You just had the hearing today, so it may take a few days for the court to make an official ruling and send it out.

Got the order today. The Case was dismissed. THink Jams will follow into Arbitration. 

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2 hours ago, 6897Q said:

THink Jams will follow into Arbitration.

You mean PRA?  They have paid the initial fees on a couple of recent cases here, so there's a decent chance it will get to that point.  We've seen them do that in the past, but then eventually drop out when the second wave of fees comes up.  There's nothing you can really do about it if they do follow so there's no point in worrying about it.  Just stay the course.

Are you planning to make your own claims against them in arbitration?

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If the case was dismissed, why does the OP have to do anything?  I am assuming it was dismissed without prejudice?

I doubt very much if PRA will initiate an arbitration.  The only thing they would or could do is sue the OP again. So you file the MTC arb again, and maybe initiate arb then if they claim you are not serious.

They have claims against you, so I would say it's their responsibility to initiate.

Now, if the court case had been stayed, not dismissed, I would say the OP should initiate arb.

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1 minute ago, nobk4me said:

If the case was dismissed, why does the OP have to do anything?  I am assuming it was dismissed without prejudice?

@6897Q what does the order say? Usually the lawsuits are stayed pending arbitration,  and in this case you'll have to initiate arb. If it's dismissed with prejudice, nothing further needs to happen. If it's dismissed without prejudice, PRA can go back and object to arbitration on the grounds that you waived your right by not following though the first time. 

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The order says: MOTION TO COMPEL filed by ( My Name ) is hereby GRANTED. The case is to be resolved by arbitration pursuant the agreement between the original creditor and the Defendant. The case is DISMISSED.

That's all it says. 

 

   

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16 hours ago, Harry Seaward said:
 

I would assume that's without prejudice. 

It did not say either way.. Just said The case is DISMISSED

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If this were me, I would file a claim against PRA in JAMS and serve the attorney for PRA a copy of my JAMS demand.

In the off chance PRA wants to re-open this case or file some type of notice or sanctions, I would not want to be the person trying to explain to the judge why I did  not follow his order after I asked for arbitration and it was granted by him all over a simply JAMS filing that PRA won't participate in anyway.

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