Nona

Just got served by PRA and Hunt & Henriques in California

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I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018.

I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA?
 

I’ve done a ton of reading on here on cases that’s been dismissed but damn, I’m feeling really really scared at the moment. It’s all I’ve been thinking about.

Any and all help you guys can provide me would be great. And what are my chances of getting my case dismissed?

 

btw, I’m from California.

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On 8/28/2020 at 1:09 PM, nobk4me said:

Arbitration is the way to go here. You need to answer the lawsuit and file a motion to compel arbitration.  Don't file in JAMS until the MTC arb is granted.

Thank you. Is there a formal way or form to answer the lawsuit? I am at a complete lost to how it’s supposed to look like. 

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On 8/30/2020 at 5:12 PM, Nona said:

Thank you. Is there a formal way or form to answer the lawsuit? I am at a complete lost to how it’s supposed to look like. 

Does your court not have any answer form that you could fill out in adobe? I could provide you a template that I use, but I am in Texas.

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So I’ve already filed my general denial using the form available in my county court’s website. I attempted to file the MTC also but apparently I did it wrong so the clerk told me that she would go ahead and schedule my court hearing for my general denial and I can proceed with my MTC on that hearing date.

However, today I just received a packet in the mail from the attorney with interrogation questions for me answer regarding ownership of my credit card account. I am supposed to respond within 35 days or receiving this packet. What to do now?

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On 10/9/2020 at 3:05 PM, Nona said:

So I’ve already filed my general denial using the form available in my county court’s website. I attempted to file the MTC also but apparently I did it wrong so the clerk told me that she would go ahead and schedule my court hearing for my general denial and I can proceed with my MTC on that hearing date.

However, today I just received a packet in the mail from the attorney with interrogation questions for me answer regarding ownership of my credit card account. I am supposed to respond within 35 days or receiving this packet. What to do now?

I'm in the same boat. Same parties involved but for less than $1500.00. I don't know where to start. If you don't mind me asking, how did you fill out your denial? With the amount, I'm wondering if I should just try to settle out and have them drop the suit or if that's even possible.

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So I filed my MTC on 10/13/20 but was not aware that I had to notify the lawyer until I called the court on Tuesday 10/27/20. My hearing date is for 11/10/20. So I quickly sent the notice (not even sure if I did it correct), but I did it in pleading paper format. And I also sent it along with my response to the interrogatories questions, which I objected to all questions because I’m electing arbitration. 
 

Anyway, I read somewhere that the notice has to be sent at least 26 days before the hearing date. Therefore I feel very uneasy at this point. 
 

Now onto the actual hearing date. What should I be expecting to happen on that day? What kind of questions should I expect them to ask me? I’m afraid that I may not know how to answer their questions..

Advice, please?

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On 10/13/2020 at 2:49 PM, Michelle22 said:

I'm in the same boat. Same parties involved but for less than $1500.00. I don't know where to start. If you don't mind me asking, how did you fill out your denial? With the amount, I'm wondering if I should just try to settle out and have them drop the suit or if that's even possible.

I used the PLD-050 form for the general denial. I just noted down “Lack of subject matter jurisdiction. No debtor/creditor relationship.” 
 

it’s up to you if you want to settle with them. If so you may want to contact them directly.

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On 10/29/2020 at 9:41 AM, Nona said:

So I filed my MTC on 10/13/20 but was not aware that I had to notify the lawyer until I called the court on Tuesday 10/27/20. My hearing date is for 11/10/20. So I quickly sent the notice (not even sure if I did it correct), but I did it in pleading paper format. And I also sent it along with my response to the interrogatories questions, which I objected to all questions because I’m electing arbitration. 
 

Anyway, I read somewhere that the notice has to be sent at least 26 days before the hearing date. Therefore I feel very uneasy at this point. 
 

Now onto the actual hearing date. What should I be expecting to happen on that day? What kind of questions should I expect them to ask me? I’m afraid that I may not know how to answer their questions..

Advice, please?

How did the hearing go?

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