catlady22

Colorado - being sued by Portfolio Recovery

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5 hours ago, nobk4me said:

These are objections you file with the court, pursuant to your state's arbitration laws, and potentially the Federal Arbitration Act.

An arb award is not enforceable by itself. An arb forum can't issue orders to garnish wages, for example. That's why an arb award is confirmed as a judgment in a court.

Oh. Oh well, I've already filed BK so it doesn't really matter I suppose

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You can file a notice of bankruptcy in the court case if you haven't already. Doing so will stay the case and prevent execution of any judgment (since the court has already granted the judgment). Even if you don't file a notice of bankruptcy in the court case, they shouldn't be able to execute the judgment but you might have to give notice about the bk if they attempt to execute with bank, employer, property lien, etc.  Debt buyers like pra are independently notified about bk filings (via services to which they subscribe) even if you don't send them a notice about the bk. It is probably still a good idea to file a notice with the court.

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6 minutes ago, kittycat said:

You can file a notice of bankruptcy in the court case if you haven't already. Doing so will stay the case and prevent execution of any judgment (since the court has already granted the judgment). Even if you don't file a notice of bankruptcy in the court case, they shouldn't be able to execute the judgment but you might have to give notice about the bk if they attempt to execute with bank, employer, property lien, etc.  Debt buyers like pra are independently notified about bk filings (via services to which they subscribe) even if you don't send them a notice about the bk. It is probably still a good idea to file a notice with the court.

Thank you! I know my lawyer sent something to the District court (is that the same as County Court/will it reach them if not?). Wasn't sure if a notice of BK would show up on the court detail page.

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Oh good, you have a lawyer. I thought you may have filed the bk yourself. If you provided your lawyer with a list of all your debts/creditors, and information about all pending court cases, then your lawyer should have handled everything.  If you filed bk before the court granted the judgment, your lawyer may even be able to get that judgment vacated (although in some jurisdictions, bk stays everything). Not that it matters all that much. If you have trouble, your lawyer can handle it. Unless you paid your lawyer for bk filing services only, and not for complete representation through the discharge of the bk.  Check your retainer agreement, if you have one.

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16 minutes ago, kittycat said:

Oh good, you have a lawyer. I thought you may have filed the bk yourself. If you provided your lawyer with a list of all your debts/creditors, and information about all pending court cases, then your lawyer should have handled everything.  If you filed bk before the court granted the judgment, your lawyer may even be able to get that judgment vacated (although in some jurisdictions, bk stays everything). Not that it matters all that much. If you have trouble, your lawyer can handle it. Unless you paid your lawyer for bk filing services only, and not for complete representation through the discharge of the bk.  Check your retainer agreement, if you have one.

Sounds good. I know he sent notification to PRA, the arbitrator herself (??) and the District Court. Not sure if that's the same as the county court.

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25 minutes ago, kittycat said:

When did pra file to confirm the arbitration award in court? Was it after your attorney sent notice of the bk to pra?

AAA 30 day appeal deadline is Nov 22

PRA introduced a Motion for Arb Award on Nov 9 (no copy sent to me)

I filed Bk Nov 11 

Judgement granted Nov 15.

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Ask your attorney if the automatic stay created by your 11/11 bk filing should have prevented the court from entering judgment on 11/15, or if the case should have been stayed instead.

Also ask your attorney if the judgment created a statutory lien on any real estate you might own.  If you do own real estate, and the court didn't have the authority to grant the judgment on 11/15 (given the automatic stay on 11/11), then ask your attorney if she can move to have the judgment order vacated.

In certain circumstances, it is better to have as few judgments as possible as you file bankruptcy and go through the process. Ask your attorney if any of those circumstances apply in your case.

https://www.consumerhelpcentral.com/judgment-chapter-7-bankruptcy/

 

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On 11/19/2020 at 3:11 AM, catlady22 said:

So the court granted a judgement against me yesterday (so I found out from looking up the case online.) It hasn't been 30 days since the arbitration, so I didn't think they could do that yet...?

This point is moot due to the BK, but for anyone else looking for info ... Your court case was stayed pending the conclusion of arbitration (due to your granted MTC). The JDB is free to file a motion for judgement exactly one minute after the conclusion of arbitration, according to the court's order granting MTC and staying the case.

In addition, everything your arbitrator ruled on is outside of their authority, as others already mentioned, they have no legal right to add post judgement interest, and of course the fee shifting against AAA rules, among other things.  Anyone else who gets similar rulings would have a good case on appeal, IMO.

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On 11/19/2020 at 2:33 PM, catlady22 said:

Sounds good. I know he sent notification to PRA, the arbitrator herself (??) and the District Court. Not sure if that's the same as the county court.

District is state court. If you filed BK, it was likely filed in district court. I am not sure about colorado but you can't file bankruptcy in small claims aka county court here in Texas where I am. But, there are municipal, county, district and federal courts. Just answering saw you asked a couple times and never got a reply on it.

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8 hours ago, alwayswinning36 said:

District is state court. If you filed BK, it was likely filed in district court. I am not sure about colorado but you can't file bankruptcy in small claims aka county court here in Texas where I am. But, there are municipal, county, district and federal courts. Just answering saw you asked a couple times and never got a reply on it.

I meant that my lawyer notified the DC about my BK but my case with PRA is in county so I don't know if that information trickled down or not.

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On 11/23/2020 at 4:10 AM, alwayswinning36 said:

Is it just me, or does this seem like someone made an epic mistake granting a judgment that appeals deadline hadn't even passed for? Or is that okay in a manner like this?

That would be your time to file an opposition to their motion for judgement and show the court that you have filed an appeal and that you believe you have good cause to believe the appeal will move forward and ask for the stay to continue for XX days to allow the appeal process in arbitration to conclude.

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Hey all - so I filed chap 7 in November. The arb loss was included and the judge in my original case put a stay pending BK. Today I received notice that PRA filed a motion to dismiss WITHOUT prejudice!

 

can they do that? Doesn't that mean they can still come after me? I told my BK lawyer but haven't heard back. @fisthardcheese @BackFromTheDebt @Harry Seaward

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On 1/2/2021 at 11:21 PM, catlady22 said:

Hey all - so I filed chap 7 in November. The arb loss was included and the judge in my original case put a stay pending BK. Today I received notice that PRA filed a motion to dismiss WITHOUT prejudice!

 

can they do that? Doesn't that mean they can still come after me? I told my BK lawyer but haven't heard back. @fisthardcheese @BackFromTheDebt @Harry Seaward

If the debt is discharged in BK they shouldn't be able to sue you again.  If they do, you have an ironclad defense, included in bankruptcy, and a FDCPA violation against them.

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On 1/2/2021 at 11:21 PM, catlady22 said:

Doesn't that mean they can still come after me? I told my BK lawyer but haven't heard back.

Nope.  If they are listed as a debtor on your BK, then they get wiped out too.  They will be gone when your BK is discharged.

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