QUESTIONBEINGSUED

question debt collector suing me

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I just received notice I am being sued for 1,100.

Pollack & Rosen is suing me. They have filed papers with the clerk of courts and a pretrial date has been set for a month from now.

This is from a Walmart credit card from jan 2016. (Florida)

Questions can I get this pretrial cancelled if I settle out of court for the amount they requested? (Call them or email them?)Do they offer (payment plans for settlements?)

What other fees do I have to pay besides court cost  and settlement?

Am I responsible for their attorney fees?

How will I be served?

What if I don't go to court and then get a settlement against me.  Will I have to pay in one lump sum?

This is my first lawsuit and I am so worried.

Thank you so much for any advise. 

 

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You are in Florida, and Florida has its own special rules and laws. 

You must answer with either 

(a) a denial or 

(b) a Motion to Compel Arbitration. 

Your strategy depends on whether this card has an arbitration agreement, and whether you are dealing with the OC or a JDB

We need more information. 

Who is the original creditor? Does Wal-Mart have its own credit cards or does some bank do the credit cards for them?

Who currently owns the debt?

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How do I know the status? OC

or JDB?

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23 minutes ago, QUESTIONBEINGSUED said:

How do I know the status? OC

or JDB?

Portfolio Recovery is a debt buyer (JDB).   The complaint should state that you opened the account with another creditor, and Portfolio is the assignee or current owner.

 

10 hours ago, QUESTIONBEINGSUED said:

Pollack & Rosen is suing me.

Pollack & Rosen is not suing you.   The plaintiff, Portfolio Recovery, is suing you.   Pollack & Rosen is the law firm representing the plaintiff.

If you were to sue someone, you could hire an attorney to represent you.   But you would still be the plaintiff who is filing the lawsuit and doing the suing.   The law firm merely does all the work and represents you in court.  . 

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If you are careful and you do your homework you can win this case.  

 

Synchronicity has the best arbitration agreement of any bank.

There are special ways to do this in Florida. 

Do NOT talk to their lawyers anymore  

Do NOT file an answer  

INSTEAD of an answer, file a Motion to Compel arbitration.  There are threads on this board to teach you how.  

Make sure you file the MTC before the deadline for the answer. 

PRC has been beaten many times before with this  strategy.  

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11 minutes ago, QUESTIONBEINGSUED said:

File motion to compel. What does that exactly mean? Will that stop the Pretrial? I am trying to just agree and settle out of court.  Thank you so much 

Motion to Compel Arbitration 

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

The Consumer Financial Protection Bureau has a credit card agreement database.  You can download a copy of your agreement.  You want the year the account was last in good standing.  It might be in the archives  

https://www.consumerfinance.gov/credit-cards/agreements/

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Wow that’s great advice but I don’t want to beat them. I owe the debt and just want to settle out of court. Do you think the lawyers would drop the case and let me do a payment arrangements and cancel Pretrial and going to court?  You are a very good lawyer. 

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Omg! So at this point there in no way to just settle with the lawyer and do payment arrangements? Send me papers and I sign them? Will they ever drop the case against me in the courts before Pretrial ? Pretrial Mediation would be similar right? So won’t it be better just to settle? Thank you again and again. 

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Omg! So at this point there in no way to just settle with the lawyer and do payment arrangements? Send me papers and I sign them? Will they ever drop the case against me in the courts before Pretrial ? Pretrial Mediation would be similar right? So won’t it be better just to settle? Thank you again and again. 

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Few of us are lawyers.  

We are just regular people who have been where you are. 

Realize that PRA is not the original owner of the debt.  They paid some amount of money, probably less than $100, to Synchronicity for the debt.  You have no moral obligation to them.  Your legal obligations are whatever a judge or arbitrator says  

 

Realize that you need to fight the case while you are negotiating.  That way you negotiate from a position of strength rather than weakness.  

If you really want to negotiate, send them a letter or email (I prefer email) telling them how much you are willing to pay to settle, and under what payment plan.  Give a strict deadline for them to accept or reject.  Mention that if they don’t reply by the deadline you will file an MTC.  Then, if they miss the deadline, file an MTC.  

Whatever you do:

Do not, under any circumstances, admit the debt is yours.  Refer to the “alleged” debt.  

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Oh geez I did admit I owe the debt. I clearly do. In a phone call when I contact the company that owes the debt years ago. They even wrote it in the lawsuit. So I am screwed. What if they don’t answer by email . Would calling not work? I am so nervous. Will I have to pay more then the amount they are suing me for? Lawyer fees court costs? I don’t have 5,000 for  1,100 credit card debt.  You are so helpful! You are truly a wonderful person for helping me with all my questions. This is my first lawsuit pretrial. Just trying to save time and money and settle this and move on. 

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12 hours ago, QUESTIONBEINGSUED said:

I just received notice I am being sued for 1,100.

 

@QUESTIONBEINGSUED Were you served with a Summons and Complaint?

If yes, does the paperwork indicate a date that you must file and serve an Answer by, in order to avoid a default judgment?  

That deadline to respond to the court is the breathing room in which you can research your options. 

Do you know your court rules of civil procedure or how to look them up? 

 

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Not yet but it’s a matter of time. I didn’t even know about the lawsuit until I received information from a lawyer that wanted to represent me in an advertisement.   Then I looked it up and read it. They filed for a server on the 20th according to the lawsuit and set a date for pretrial medication.  Who will serve me a sheriff? 

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57 minutes ago, QUESTIONBEINGSUED said:

Oh geez I did admit I owe the debt. I clearly do. In a phone call when I contact the company that owes the debt years ago. They even wrote it in the lawsuit.

Can you explain who you admitted you owed a debt to? How many years ago did this phone call take place? 

What do you mean they wrote it in the lawsuit?  

You may have at one time owed SynchronyBank/Walmart a debt, but how do you know your account was in fact in the pool of accounts purchased by the debt buyer plaintiff? 

Did Plaintiff attach a copy of the Walmart Card Agreement to the Complaint?

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1 minute ago, QUESTIONBEINGSUED said:

I don’t know anything I am an idiot when it’s comes to the law in lawsuits. ☹️

I must respectfully disagree with the "idiot" part. You found this forum. You're trying to figure out what to do and how to respond to avoid a default judgment. 

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3 minutes ago, QUESTIONBEINGSUED said:

They wrote in the lawsuit something like the client agrees they owe the debt it was record on a phone call to them I think in 2017 .  

Who did you speak to in 2017? How much was the debt in 2017? 

3 minutes ago, QUESTIONBEINGSUED said:

Yes they attached that document my bill from Walmart 

Not a credit card monthly statement; the account agreement that states the terms like this one:

https://files.consumerfinance.gov/a/assets/credit-card-agreements/pdf/1_2018_Walmart MasterCard Account Agreement and Pricing Information.pdf

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Just one more question! I have taken up most of your day. Thank you so much for all your help. 

 

Is it possible to contact the lawyer next week and settle without going to court? With a payment plan? Have you ever heard of that? Will he drop the lawsuit? 

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1 minute ago, QUESTIONBEINGSUED said:

Just one more question! I have taken up most of your day. Thank you so much for all your help. 

 

Is it possible to contact the lawyer next week and settle without going to court? With a payment plan? Have you ever heard of that? Will he drop the lawsuit? 

Possibly. They may require you to sign a document that allows them to bypass court again and get a judgment if you fail to adhere to the agreement. 

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