catlady22

Colorado - being sued by Portfolio Recovery

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4 hours ago, catlady22 said:
 

When you say run up their costs - do you mean filing objections? Asking for an in person hearing? Basically what are all the ways I can stretch this out for them?

You should demand (not "ask for") an in-person hearing.  That is your right.  Of course there will be no in person hearings for a while, but that is another issue.  An in person hearing is more expensive.  They have to pay for the costs -- including travel costs for the arbitrator if the hearing is outside where the arbitrator lives.  

 

Filing objections is not only your right, but a necessity.  Use it or lose it.  If the other side does something you don't like, you must object, or you lose your right to object.  And that can run up the costs.  

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8 hours ago, catlady22 said:
 

When you say run up their costs - do you mean filing objections? Asking for an in person hearing? Basically what are all the ways I can stretch this out for them?

Yes, those are examples.  Maybe @fisthardcheese has more suggestions.

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Have you had the initial phone conference with the arbitrator yet?  That is the key time where you must set the tone and let them know you are actually fighting them and willing to go to a full hearing.  Ask for a witness name from the bank they intend to produce, ask for an in-person hearing (I'm sure it will only be a phone hearing due to the ongoing issues, but I would try). Ask permission to file an amended complaint, especially since you have not submitted any type of brief yet.  Ask for time to conduct discovery. 

You can't really run up the costs in AAA like in JAMS, but you can create enough work with discovery and new claims and objections for the arbitrator to eat up the initial deposit and require another deposit prior to the hearing.  That will be your leverage to get a mutual walkaway.

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On 5/22/2020 at 5:59 AM, fisthardcheese said:

Have you had the initial phone conference with the arbitrator yet?  That is the key time where you must set the tone and let them know you are actually fighting them and willing to go to a full hearing.  Ask for a witness name from the bank they intend to produce, ask for an in-person hearing (I'm sure it will only be a phone hearing due to the ongoing issues, but I would try). Ask permission to file an amended complaint, especially since you have not submitted any type of brief yet.  Ask for time to conduct discovery. 

You can't really run up the costs in AAA like in JAMS, but you can create enough work with discovery and new claims and objections for the arbitrator to eat up the initial deposit and require another deposit prior to the hearing.  That will be your leverage to get a mutual walkaway.

No the initial hearing is on June 1st. I found out my arbitrator knows my boss (assuming I go back to work when restaurants can reopen) by a Google search lol. Is there a template I can use to start preparing a brief? I don't remember doing anything like what they uploaded, just something saying PRA violates consumer rules, etc in the demand.

Im reading over the prelim hearing info sheet and it says one of the discussions will be "whether claims for attorneys fees , costs, interests exist." What happened to them not being able to try and get their costs awarded from me? @fisthardcheesewhat do you think?

 

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Had the preliminary hearing with AAA today... the lawyer for PRA is really angry now because I got an in person hearing granted. She asked for a zoom meeting to keep costs down because her partner and witness would need to travel. I informed the arb that my internet connection is incredibly unstable so we will see... 

I guess it's on to discovery now. I plan to ask them for all call records, names of witnesses, etc. I need to write a brief and especially dispute their request that I pay their arb fees and one of my biggest exhibits (I hope and think) is a motorized Bill of Sale that has a major date error.
 

Any tips moving forward on this? and thank you again all of you for your help! 

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Did they verbally ask for costs in the phone conference and did you object to that? What was the arbitrator's response?

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4 hours ago, fisthardcheese said:

Did they verbally ask for costs in the phone conference and did you object to that? What was the arbitrator's response?

No - I received them via email and responded before the prelim hearing that I objected in a response via email but I did not hear a reply. I asked in the prelim if I needed to object now to anything in PRAs brief and the arbitrator said not yet.

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On 6/4/2020 at 1:35 PM, catlady22 said:

No - I received them via email and responded before the prelim hearing that I objected in a response via email but I did not hear a reply. I asked in the prelim if I needed to object now to anything in PRAs brief and the arbitrator said not yet.

Okay, that is good.  And, no matter what the arbitrator said, I would always object in writing via email immediately, like you already did.  The JAMS rules state that no objection is the same as a waiver to that right or rule.  I don't recall off the top of my head if the rules state a time-frame, but I would not take any chances of giving the other side any room to say I waived the right to something due to not objecting to it right away.

Did the arbitrator ask for written briefs to be submitted or any list of claims?

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She said I can submit a brief after discovery and that she'd be sending a timeline. I am with AAA so I have a brief idea but there's nothing yet. 


 I wonder if they're trying to figure out how a zoom hearing would be billed to PRA...

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I want to make sure I have this straight - my claims would be what is laid out in my Demand, right? Violations of various consumer laws basically. Does every other argument come in the brief I write after discovery? A big one is a notorized bill of Sale with a major typo, and things like I never was notified of the debt until I was served, etc. The second part says I have 30 days to give answers or counterclaims but I can't really do that until after discovery...?

 

Here is the timeline sent by the arb:

 

1. Amended Claims. Claimant and Respondent (the “parties”) may amend their claims and file any counterclaims on or before June 12, 2020 pursuant to Consumer Arbitration Rule 8.

 

2. Responses and Answers. Response(s) and answers to all claims, amended claims, and counterclaims may be filed within thirty (30) days after the date a claim, amended claim, or counterclaim is filed pursuant to Consumer Arbitration Rule 8.  

 

3. Initial Disclosures. Each party shall file an initial disclosure of anticipated fact witnesses on or before July 13, 2020.  

 

a. Each party shall be responsible for updating its disclosures as such information becomes available.  The duty to update such information continues up to and including the date that the final hearing in this matter takes place.  

 

b. The parties shall have the opportunity to object to any anticipated fact witnesses and seek their exclusion from the final hearing of this matter.

 

4. Discovery.  The parties shall submit their written discovery requests on or before June 19, 2020, as follows:

 

a. Each party shall be entitled to serve fifteen (15) interrogatories and fifteen (15) requests for production. Responses and production of documents shall take place within thirty (30) days following receipt of the requests. Respondent has advised that confidential information pertaining to other persons who are not involved in this matter may be redacted in documents that are responsive to Claimant’s requests.  The parties agree to provide their responses directly to one another in a confidential manner to protect the privacy of one another and to protect any disclosures to outside third parties.

 

b. There shall be no depositions in this matter.  

 

c. If either party wishes to conduct any further discovery, absent an agreement between the parties, such party may submit a written request to the Arbitrator. Such request must identify the type of discovery sought (i.e., deposition, request for production, etc.) and reasons why the additional discovery should be allowed.  Any party objecting to the additional requested discovery shall have five (5) business days following any such submission to file its written objection to any such requests for further discovery.  Following such submittals, the Arbitrator shall decide whether any such further discovery will be permitted and the procedures and protocols required of the parties, if applicable.

 

5. Non-Dispositive Motions. The Arbitrator may consider any party’s request to file a written non-dispositive motion only after the parties and the Arbitrator conduct a conference call to attempt to resolve the issue that gives rise to the proposed motion. Only after the parties and the Arbitrator hold the conference call may the Arbitrator consider a party’s request to file a written motion. The Arbitrator has the sole discretion to allow or deny the filing of a written motion and his or her decision is final. See AAA Consumer Arbitration Rule 24.

 

6. Dispositive Motions are governed by AAA Consumer Arbitration Rule 33.

 

7. Exhibits.  Any exhibits the parties plan to submit at the Evidentiary Hearing must be shared between the parties two (2) weeks before the Evidentiary Hearing (no later than September 4, 2020), unless the Arbitrator sets a different exchange date. See AAA Consumer Arbitration Rule 22(b). Each proposed exhibit will be clearly and appropriately pre-marked for identification as follows:  Claimant shall identify the exhibits that may be used at the hearing as C-1, C-2, C-3, and so on.  Respondent shall identify the exhibits that may be used at the hearing as R-1, R-2, R-3, and so on.   Exhibits will be submitted to the Arbitrator via email prior to the Evidentiary Hearing.

 

8. Witness Lists.  The parties shall exchange copies of their final witness lists on or before September 4, 2020.  

 

a. The parties shall make all available arrangements to schedule the attendance of witnesses so that the case may proceed with all due expedition and without any unnecessary delay;

 

b. Witnesses for each party shall answer questions from the Arbitrator and the opposing party at the Evidentiary Hearing pursuant to AAA Consumer Arbitration Rule 32(a); and

 

c. Each party shall send an email to the other party at least one (1) day before the Evidentiary Hearing, disclosing the name(s) of anticipated witnesses who may be called to testify the following day and the anticipated order in which the witnesses may be called to testify. The names of these witnesses must have been included on the final witness list.  

 

9. Pre-Hearing Brief.  Either party may file, with AAA, a pre-hearing brief on or before September 14, 2020, discussing any issues the party believes are important for the Arbitrator to consider, limited to fifteen (15) total pages.  No responsive briefs may be filed unless the Arbitrator approves it in writing.  AAA’s Pro Se Administrator 3 will forward the briefs to all of the parties and the Arbitrator to ensure simultaneous exchange.  

 

10. EVIDENTIARY HEARING. The evidentiary hearing in this matter shall commence before the Arbitrator at 9:00 a.m. MST on September 21, 2020, via Zoom video conferencing to be administered by AAA.  The parties contemplate that the Evidentiary Hearing will require no more than 1 day.  

 

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4 hours ago, catlady22 said:

I never was notified of the debt until I was served

Unless your state has a law that makes such a requirement, that’s not a violation.  What are your other claims.

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I'll type those out in a bit - quick question. They brought on a second attorney into arb who is not licensed in my state. Can they do that?

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On 6/11/2020 at 1:09 PM, catlady22 said:

I'll type those out in a bit - quick question. They brought on a second attorney into arb who is not licensed in my state. Can they do that?

Yes.  Arbitration is not court. They can probably bring on anyone they want.  But so can you.

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On 1/19/2020 at 9:48 AM, fisthardcheese said:
 
 

I have a personal issue with lawyers who do this.  I am pretty sure this is grounds for a bar complaint.  Not only the blatant lying about costs to you, but the fact that they are telling you what is "in your best interest" when they are NOT your attorney and in fact represent the opposing side.  That is a complete conflict of interest AND another blatant lie. 

 

Do you know if there is a specific US code for this sort of conduct?

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59 minutes ago, catlady22 said:

Do you know if there is a specific US code for this sort of conduct?

It’s a violation of the Rules of Professional Conduct.  You can look them up on your state bar association’s website.   It could possibly violate the FDCPA, but it would be your word against hers as to what you claim she said. 

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Question again - we are in the discovery phase now, and with some of the documents I requested PRA sent a "Interrogatories" document basically asking me to specifically explain any violations I'm claiming occurred. Is this supposed to happen during discovery? I was under the impression it was just to exchange copies of any documents you plan to use in exhibits or arguments. I didn't expect interrogatories. 

The schedule says exhibits need to be in by September, but in answering the interrogatories I'm basically saying "refer to this/that," so can I just make those my exhibits and basically do it all at once?

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On 12/18/2019 at 11:32 PM, catlady22 said:

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.

Did you bring an FDCPA claim against them for this in your AAA claims?  If not, I would ask the arbitrator to amend your claims to add a new claim and to also add the attorney as a respondent to your case.

That ought to get them really riled up :)

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3 minutes ago, fisthardcheese said:

Did you bring an FDCPA claim against them for this in your AAA claims?  If not, I would ask the arbitrator to amend your claims to add a new claim and to also add the attorney as a respondent to your case.

That ought to get them really riled up :)

Not specifically. I am answering their interrogatories now in discovery and one question is "provide examples and dates of alleged FDCPA violations, state violations, etc", so I have this in that part, with a few other violations...

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On 7/16/2020 at 11:27 AM, fisthardcheese said:

Did you bring an FDCPA claim against them for this in your AAA claims?  If not, I would ask the arbitrator to amend your claims to add a new claim and to also add the attorney as a respondent to your case.

That ought to get them really riled up :)

@fisthardcheeseshould I include this exchange under my alleged violations under false statements/misrepresentation?

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10 hours ago, catlady22 said:

@fisthardcheeseshould I include this exchange under my alleged violations under false statements/misrepresentation?

If it were me, I would ask the arbitrator to allow an amendment to add the attorney as a Respondent and to add their violation to your claims.

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8 minutes ago, fisthardcheese said:

If it were me, I would ask the arbitrator to allow an amendment to add the attorney as a Respondent and to add their violation to your claims.

That's crazy that I could actually do that. How do I prove it happened though? All I've got is that I texted someone who is already on my witness list immediately and my post here...

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On 7/21/2020 at 11:09 PM, catlady22 said:

That's crazy that I could actually do that. How do I prove it happened though? All I've got is that I texted someone who is already on my witness list immediately and my post here...

Your testimony is proof.  I would type up an affidavit immediately to recount what you remember being said including the location, the dates and times as close as you can remember.  Have the affidavit notarized.  This is your sworn written testimony as evidence in your case against them.

Also, the attorney will fight being added to the case as a Respondent.  They will say things like they aren't a party to the arbitration agreement.  They are, we will have to dig up that case law since it's not on the top of my head anymore.  But it just means now you can have a phone hearing over THIS issue, before you even get to hearings over other issues.  Having hearings on extra side issues is in your favor when the other side is paying for arbitration.  Even if the Arbitrator ultimately denies your request to add the attorney as a respondent (which they shouldn't, but if so) it's not a total loss since you still had several exchanges and hopefully a phone hearing on the issue which would eat up most of the initial AAA retainer fee.

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38 minutes ago, fisthardcheese said:

Your testimony is proof.  I would type up an affidavit immediately to recount what you remember being said including the location, the dates and times as close as you can remember.  Have the affidavit notarized.  This is your sworn written testimony as evidence in your case against them.

Also, the attorney will fight being added to the case as a Respondent.  They will say things like they aren't a party to the arbitration agreement.  They are, we will have to dig up that case law since it's not on the top of my head anymore.  But it just means now you can have a phone hearing over THIS issue, before you even get to hearings over other issues.  Having hearings on extra side issues is in your favor when the other side is paying for arbitration.  Even if the Arbitrator ultimately denies your request to add the attorney as a respondent (which they shouldn't, but if so) it's not a total loss since you still had several exchanges and hopefully a phone hearing on the issue which would eat up most of the initial AAA retainer fee.

Okay! Sounds like a plan since I can't believe they've even taken it this far. 
 

So first thing I should email the arb and CC both attorneys now (the original one seems to have faded in the background and a second one is doing all the talking now) and ask to file an amended claim. What should I state if it's granted? "Conflict of interest by Respondent, Add HerName to Claimant's Case" or something? 
 

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20 hours ago, catlady22 said:

Okay! Sounds like a plan since I can't believe they've even taken it this far. 
 

So first thing I should email the arb and CC both attorneys now (the original one seems to have faded in the background and a second one is doing all the talking now) and ask to file an amended claim. What should I state if it's granted? "Conflict of interest by Respondent, Add HerName to Claimant's Case" or something? 
 

You know what, I just went back and saw your arbitrator's timeline.  I would NOT ask for an amended claim, since the arbitrator already laid out a timeline to do this and that has long passed.  You should have already completed discovery on this according to the arbitrator's timeline.  Did you ask for any discovery to uncover their violations?

Have you even sent a settlement offer for mutual dismissal on this?

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4 hours ago, fisthardcheese said:

You know what, I just went back and saw your arbitrator's timeline.  I would NOT ask for an amended claim, since the arbitrator already laid out a timeline to do this and that has long passed.  You should have already completed discovery on this according to the arbitrator's timeline.  Did you ask for any discovery to uncover their violations?

Have you even sent a settlement offer for mutual dismissal on this?

I've sent the settlement offer once and they denied it. Exact text said - "Thank you for your offer of settlement.  At this time, the Plaintiff has incurred a cost of $4200 under the current arbitration process and is unable to accept your offer of a mutual dismissal. However,  I am able to counter your settlement offer at this time.  The plaintiff is willing to dismiss with prejudice their claims against you with payment to the Plaintiff by you of $4200 and an agreement that you dismiss your claims with prejudice. "


I'm finishing my discovery now. I sent my requests to them and received them the day before they were due, so it's my understanding since they sent me interrogatories to answer with documentation I have 30 days since the receipt. I have been able to use a couple things they sent me (big one being I requested their call log to me. They provided one saying they've only called 3 times. My call log shows over 50. Another is the affidavit of sale that has a wrong date - and I read about a previous suit against PRA for such affidavits https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/)

Should I still type out an affidavit of what happened and include a summary under the violations I'm claiming?

 

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