Noreturn

Advice needed. What to say in discovery to PRA

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I have searched the forums, I know it's out there but I haven't found help on how to present discovery to PRA time is of the essence. I am looking for good examples of what to ask or what NOT to ask. Any common big mistakes to avoid.  Thank You 

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In addition to answering the above linked questions, we also need to know what their claims are, what evidence they have provided thus far and what all has transpired in the case to date. 

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44 minutes ago, Harry Seaward said:

In addition to answering the above linked questions, we also need to know what their claims are, what evidence they have provided thus far and what all has transpired in the case to date. 

.

. Who is the named plaintiff in the suit?   P.R.A 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mark Johnson

3. How much are you being sued for?   7k

4. Who is the original creditor? (if not the Plaintiff)  CAP1

5. How do you know you are being sued? (You were served, right?) Served

6. How were you served? (Mail, In person, Notice on door) In person. Process server to husband to self

7. Was the service legal as required by your state? Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Attorney sent a DV notice, I responded with a validation request.

9. What state and county do you live in? Idaho

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2017

11. When did you open the account (looking to establish what card agreement may be applicable)? 2014

12. What is the SOL on the debt? To find out: 5yrs

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Answer submitted. Discovery phase. Pre trial scheduled end of October

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes however after being served

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Plaintiff claims: 1.Defendant had an account w/ Cap1, account subsequently assigned to the Plaintiff. 2 an Account Was Stated by and between Cap1 and the defendant, wherein it was ascertained at the closing of the account that said Defendant owed the 7k to Cap1. who subsequently assigned the account to the Plaintiff. 3. Defendant has not timely objected or made a complete payment on that Account Stated. 4. The amount due and owing to the Plaintiff is 7k less payments made. 5. Written demand for payment of said sum was made upon Defendant more than ten days before commencement of this action. 6.Further equity requires Defendant to pay the value of the benefits received. Prayer for relief= damages, court costs pre and post judgment and any other relief.

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing attached

18.  How did you find out about this site? google

18. Read these two links: I have a few times. I don't think arbitration is an option. DV included 3 statements and a assignment letter from cap1

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

 

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No discovery from either side yet. I need help formulating a respected discovery request, production of docs, rogs, and admissions.  preliminary hearing 45 days away

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In my answer I Denied all allegations based on lack of information. Claimed every affirmative defense available again based on lack of info.

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It's really a crap shoot. These days they have all the evidence they need to win in court, so playing the discovery game is typically an exercise in futility. Sometimes you get lucky with a law firm that literally only goes after default judgments, but that's rare and may just be a case of staffing and caseload.

 

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11 minutes ago, wernda1234 said:

So, no arbitration clause for Cap1?

No. Cap1 removed it almost a decade ago.

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5 hours ago, Goody_Ouchless said:

It's really a crap shoot. These days they have all the evidence they need to win in court, so playing the discovery game is typically an exercise in futility. Sometimes you get lucky with a law firm that literally only goes after default judgments, but that's rare and may just be a case of staffing and caseload.

 

Yeah, I understand my chances especially in ultra conservative Idaho. I'd like to press them into a settlement that I can manage so a intelligent discovery is important. Game plan- defeat account stated *bonus*. Main focus is  making them prove they have right to sue. I've found 2 recent cases in Idaho where PRA was defeated for lack of foundation-standing. Lloyd MacDonald v PRA Idaho supreme court 2017

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18 hours ago, Noreturn said:

I've found 2 recent cases in Idaho where PRA was defeated for lack of foundation-standing. Lloyd MacDonald v PRA Idaho supreme court 2017

What's the other case?

The MacDonald case (see here) is interesting.  But it was a four year long journey that required two appeals and MacDonald was well represented.  Since it was two years ago, and this case was very expensive for PRA, you can bet that they've adjusted their affidavits to withstand a MacDonald type challenge.

After the Idaho Supreme Court remanded the case back down to Magistrate Court (Case Number CV-2014-1100), MacDonald's attorney, Ryan Adam Ballard, did manage to negotiate a dismissal with prejudice. The docket doesn't indicate any agreement about attorney's fees, but the Supreme Court said that MacDonald was entitled to them if he ultimately prevailed in the lower court.  This was probably the leverage for MacDonald.  If you don't have an attorney, you won't have this leverage.

MacDonald also "won" two other cases with the same attorney.  You can view the dockets at Idaho's iCourt Portal.  You can probably get the documents for the cross summary motions, but the discovery only has service documents, not the discovery documents themselves.

You won't know what the affidavit for your case looks like until they produce it or it is included with the summary judgment motion.  Then you can see if it has the same shortcomings as the affidavit in the MacDonald case.  But even if it does, you will likely get steamrolled unless you can somehow manage to acquire all of the required knowledge, or hire an attorney like MacDonald did.  Though you won't be able to hire Ballard, because he gave up his law license over some shenanigans in debt collector cases.

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I tried retaining Ballard, no go. So I searched icourt dockets looking for others that have beaten collection cases, the 2 victorious attorneys I spoke to refused my case because of PRA's "unethical representation". Thanks for outlining how this process will proceed, guess I'll see what they have when the motion for summary is filed. Can you tell me though, is there a required format in writing my discovery to the plaintiff like that is required for motions, affidavits and such or can I just use what I know as long as I include the case info ?

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