catlady22

Colorado - being sued by Portfolio Recovery

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On 11/7/2019 at 6:56 PM, Harry Seaward said:

I've only once seen a JDB  that was also a lawfirm, so it's essentially non-existent. In any case, PRA is not a lawfirm, so they would not be exempt from the 'no attorneys' rule. 

Thank you!

 

do you recommend filing with AAA now, and including a case number from them on my MTC, or wait until it’s granted? Aka, if the case number from AAA is included, does that indicate to PRA that I’m serious about this/prepared?

 

also, can you clarify - do I need to file an answer, or does the MTC count in and of itself as my answer?

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7 hours ago, catlady22 said:

Aka, if the case number from AAA is included, does that indicate to PRA that I’m serious about this/prepared?

There's no requirement to file with AAA before the MTC is granted. In fact, it's backward logic. Why would you initiate arbitration before you know if the court has granted your MTC? However, we have seen JDBs make this very argument, and on rare occasions we've seen courts agree with them. 

There doesn't seem to be any component of 'taking you serious'. JDBs have heard every threat under the sun, and 99% of the time it's a bluff, so they just conduct their business accordingly. 

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Thank you everyone for your help! I have a hearing on Monday for the judge to review the MTC.

is it strange that PRA has not attempted to actually contact me? They’ve called from various numbers but I’ve never been available to accept the call (they are all missed) and no voicemail, letter, anything from the lawyer named on the summons. I did request for them to send all information regarding the debt to validate within 30 days and they also failed to do that.

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1 hour ago, catlady22 said:

is it strange that PRA has not attempted to actually contact me? They’ve called from various numbers

They clearly did attempt to contact you.

1 hour ago, catlady22 said:

I did request for them to send all information regarding the debt to validate within 30 days and they also failed to do that.

Within 30 days of what? 

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On 12/13/2019 at 2:23 PM, Harry Seaward said:

They clearly did attempt to contact you.

Within 30 days of what? 

I sent a mail letter requesting the information, and nothing. Regarding the contact, they’ve left no messages (only received one robo call) or any mail correspondence 

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12 hours ago, catlady22 said:

I sent a certified mail letter requesting the information, and nothing.

Earlier you said "within 30 days". 30 days of what? The only 30 day window that matters is the one that starts when you receive the very first collection letter they send you. Once that 30 days passes, they don't ever have to respond to a DV in order to resume collection activities. 

Incidentally, there's no law that says they have to respond to a DV. It's just that they can't continue collection of the debt until they do, provided the DV was sent within the 30-day window i just described. 

12 hours ago, catlady22 said:

Regarding the contact, they’ve left no messages (only received one robo call) or any mail correspondence 

Calling by whatever means counts as attempting to contact you. Earlier you said they called from various numbers which means they made multiple attempts to contact you. Are you now saying they only called you once? What is your definition of "robo call", and how do you know the call they placed was this type of call? 

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I see what you are saying. This is what I mean: I get multiple calls, all from different numbers, all day long and a google search shows a vast amount of them being PRA. I have received zero voice mails except one that was a robocall from PRA. I don’t answer my phone with unknown callers. If a voice mail or written correspondence was left, that would be different IMO.

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4 hours ago, catlady22 said:

I see what you are saying. This is what I mean: I get multiple calls, all from different numbers, all day long and a google search shows a vast amount of them being PRA. I have received zero voice mails except one that was a robocall from PRA. I don’t answer my phone with unknown callers. If a voice mail or written correspondence was left, that would be different IMO.

Did you send your letter within 30 days after receiving their very first collection letter?   If  not, when did you send it?

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3 hours ago, Goody_Ouchless said:

What was the result?

Granted. The next step is to finish filing with AAA, yes? The lawyer seemed incredibly unhappy that I wouldn’t settle right before court started and tried to say arbitration would cost me so much money, but it’s just the 200 fee to my understanding.

 

8 hours ago, BV80 said:

Did you send your letter within 30 days after receiving their very first collection letter?   If  not, when did you send it?

I never received an initial letter. I found out about it via a summons, to which I did sent the letter.

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20 minutes ago, catlady22 said:

Granted. The next step is to finish filing with AAA, yes? The lawyer seemed incredibly unhappy that I wouldn’t settle right before court started and tried to say arbitration would cost me so much money, but it’s just the 200 fee to my understanding.

 

I never received an initial letter. I found out about it via a summons, to which I did sent the letter.

Since you sent your letter after receiving the summons, they were not required to respond.   Your right to validation is triggered only after receiving an initial communication.  A summons and complaint is not an initial communication that triggers your validation rights.  
 

15 U.S.C. 1692g Validation of Debts

(a) Notice of debt; contentsWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by thedebt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(d) Legal pleadings

A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

Just an FYI, even if you send a timely validation request within 30 days of receiving an initial communication, a debt collector is not required to validate within 30 days.  The collector can take as long as he chooses but cannot continue collection efforts until he validates. 

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1 hour ago, catlady22 said:

Granted. The next step is to finish filing with AAA, yes? The lawyer seemed incredibly unhappy that I wouldn’t settle right before court started and tried to say arbitration would cost me so much money, but it’s just the 200 fee to my understanding.

Congratulations! They won't follow to arb, so you won. @fisthardcheese should have a definitive answer, but perhaps contacting the lawyer and offering a mutual walkaway and dismissal with prejudice might work. Otherwise, yes, I believe you continue with AAA so they can't come back and say you weren't serious.

My understanding is that a pro se is to be treated just like another lawyer, yet we see so many of these cases where the plaintiff's lawyer lies about the defendant's cost of arbitration. If they did that to another lawyer they'd probably face sanctions.

 

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6 hours ago, Goody_Ouchless said:

Congratulations! They won't follow to arb, so you won. @fisthardcheese should have a definitive answer, but perhaps contacting the lawyer and offering a mutual walkaway and dismissal with prejudice might work. Otherwise, yes, I believe you continue with AAA so they can't come back and say you weren't serious.

My understanding is that a pro se is to be treated just like another lawyer, yet we see so many of these cases where the plaintiff's lawyer lies about the defendant's cost of arbitration. If they did that to another lawyer they'd probably face sanctions.

 

Thanks! She was trying to scare me, I’m pretty sure - making sure I knew “how expensive arbitration would be for me” and how I’d “lose without a doubt” and that accepting an offer right there would be “in my best interest.” Lol.

 

Thanks for clarifying about the 30 days. I now wonder one thing - in the summons they included a notorized affidavit about the account that has a major typo about the date - 2015 instead of 2018 in terms of last payment received on the account. Can that typo be used against them in the event they actually go to arb?

 

 

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17 hours ago, Harry Seaward said:

Yes, but it'll never get there. 

Sounds good. So the judge said “court orders arb but keeps this case open in the event that collection or other problems develop.”

So, right now I should finish my AAA filing, and then what? Should I send a letter with the copy of my application to PRA stating something about dismissal with prejudice? Or should I just submit everything per AAA rules and see if they contact me?

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7 hours ago, catlady22 said:

So, right now I should finish my AAA filing, and then what? Should I send a letter with the copy of my application to PRA stating something about dismissal with prejudice? Or should I just submit everything per AAA rules and see if they contact me?

Just file and WAIT.  If you approach them prior to filing or immediately after offering dismissal you risk them going back to the judge stating you were not serious about arbitrating.  They can show the court your entire plan of circumventing the court process.  Your best opportunity for them to fold is when they get the bill from AAA or the case i closed because PRA never pays the fees and AAA won't even proceed.  You passed the biggest hurdle getting the MTC granted don't shoot  yourself in the butt getting too excited and jumping the gun.

 

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Hey thank you for all your help! I seem to be hitting a snag in the AAA filing. I've sent them the Demand form and the signed MTC. I received this today - "Our administrative filing requirements have not been met. Please provide the $200 filing fee requirement and a copy of the contract."

What contract? The card member agreement? 

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Thanks Harry!

Got conformation today that AAA is waiting for PRA to pay :) fingers crossed!

Should I dispute this on my credit report or wait? I saw there's a reason for dispute due to "in litigation," but unsure. Thanks!

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27 minutes ago, catlady22 said:

Should I dispute this on my credit report or wait?

DO NOT do anything with the bureaus until this is over and DONE.  If you try disputing now you risk PRA going back to court and showing you are not serious about the arbitration.  The credit report is the least of your concerns until PRA officially surrenders.

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31 minutes ago, Harry Seaward said:

Eventually AAA will close the case if PRA keeps doing nothing. (They haven't paid AAA, correct?) At that point you file with the court a motion to dismiss for failure to prosecute.

Thanks! I haven't received any notice that they have paid. I believe AAA gave them until Monday.

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