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Got Sued Again By PRA/RAUSCH STURM


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It was in December 2018, my case was dismissed without prejudice. But, yesterday I got served again. This is the link to my thread

The same company, PRA, using the same attorney Rausch Sturm sued me again for the same debt. It's not even a year ago this case was dismissed!

I'm now skeptical if someone told me that they won't file again anytime soon after the case was dismissed. RAUSCH STURM sounds very evil to me, don't y'all think? 😁

Please, any suggestions would be very appreciated. Thank you.

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20 minutes ago, indotx said:

The same company, PRA, using the same attorney Rausch Sturm sued me again for the same debt. It's not even a year ago this case was dismissed!

If the SOL is still active they can do that.

20 minutes ago, indotx said:

I'm now skeptical if someone told me that they won't file again anytime soon after the case was dismissed. RAUSCH STURM sounds very evil to me, don't y'all think?

Typically they don't refile.  They are looking for the easy hanging fruit not to have to prove their case.

RSIEH is a typical large scale debt collection law firm and nothing more.

21 minutes ago, indotx said:

Please, any suggestions would be very appreciated. Thank you.

Clearly they were not scared off by sending discovery they simply walked away to regroup.  If it were me I would file an answer with the affirmative defense of private contractual arbitration in JAMS and file in JAMS to get the ball rolling.  I would also file the separate MTC arbitration at the same time.  If the court grants the motion and RSIEH doesn't drop it the settlement agreement would be I drop arb if they dismiss WITH prejudice and drop the entire matter.

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8 hours ago, Clydesmom said:

If the SOL is still active they can do that.

Typically they don't refile.  They are looking for the easy hanging fruit not to have to prove their case.

RSIEH is a typical large scale debt collection law firm and nothing more.

Clearly they were not scared off by sending discovery they simply walked away to regroup.  If it were me I would file an answer with the affirmative defense of private contractual arbitration in JAMS and file in JAMS to get the ball rolling.  I would also file the separate MTC arbitration at the same time.  If the court grants the motion and RSIEH doesn't drop it the settlement agreement would be I drop arb if they dismiss WITH prejudice and drop the entire matter.

SOL is supposed to be expired next year, so I guess they’re trying hard to race with the time!

That attorney who’s assigned to this case just graduated last year when I looked him up and doesn’t even have a good signature as a lawyer should have.

Thank you for your response and suggestions @Clydesmom, I’ll look into it. 

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38 minutes ago, Harry Seaward said:

It's not entirely clear from the other thread. Did you ever make a move for arbitration, or you simply used discovery? And if you did use discovery, what did you send them? 

I used discovery which I made my own based on the questions of the judge.

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Nothing surprises me anymore.  
The accounts my wife and I had wound up with so many complete oddball stuff that ALMOST never happens. Reading this forum and the defunct DB forum I saw stuff that was truly mind boggling. But it all happened.  
 

Your case is unusual, but nowhere close to the strangest.  Not by a long shot.  

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8 hours ago, indotx said:

I looked him up and doesn’t even have a good signature as a lawyer should have.

There is no such thing as a "good signature" or that a lawyer is required to have one. When you are in a field like legal or medical where you are signing things ALL the time it is a very short process to a signature that is merely a scrawl.

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17 hours ago, indotx said:

...possibly they just randomly picked the accounts in bulk without even checking.

You mentioned that it looks like a new lawyer, They could have non-suited several cases last year, due to workload, and have started off the new guy on those cases, since the "boilerplate" work of filing was already done once - basically give him some cases that are farther along.

 

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39 minutes ago, Goody_Ouchless said:

You mentioned that it looks like a new lawyer, They could have non-suited several cases last year, due to workload, and have started off the new guy on those cases, since the "boilerplate" work of filing was already done once - basically give him some cases that are farther along.

 

I looked him up, he graduated in 2018. 
But to my understanding, the new young lawyers might more aggressive. They try to prove themselves worthy, you know. 
And I think the company knows that too, that’s why they gave it to him. 

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1 hour ago, Goody_Ouchless said:

he's probably some idiot who is just glad he has a gig - which probably doesn't pay enough to cover his student loans.

😂 that's what I thought!

 

1 hour ago, Goody_Ouchless said:

Arbitration will make make them go away.

Been thinking about this route. Thank you!

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14 hours ago, Clydesmom said:

There is no such thing as a "good signature" or that a lawyer is required to have one. When you are in a field like legal or medical where you are signing things ALL the time it is a very short process to a signature that is merely a scrawl.

True. Especially for medical doctors. I understand they have scribble signatures but this one is just different. Or probably he signed it on a signature pad.

Just a little off topic, for fun 🙂

IMG_4260.thumb.jpg.9f6859d94b4472ca4d188cd0a8112012.jpg

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