WillingtoFight593

Being sued by PRA in South Carolina

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3 hours ago, BV80 said:

You do not have to use a process server to deliver your answer to the plaintiff.  Note Rule 8 of the following link.

https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=8.0&subRuleID=&ruleType=MAG

Included is the following’.  “The court shall deliver a copy of the answer to the plaintiff in a manner provided for in Rule 8.” 

Thanks for your response! I wasn’t sure if that that changed if I filed an MTC with my answer.

 

3 hours ago, BV80 said:

In regard to what you include in your answer, you do not argue the merits.  You only include your defenses.   You might include that the Plaintiff does not have standing to sue.

But with the form they gave me, it says to “check one,” and one box is to contest the jurisdiction, and there’s another box to deny the allegations. Do I check both or one or...?

 

3 hours ago, BV80 said:

In order to sue, one must have suffered an “injury”.  For a JDB to be “injured” by your failure to pay the balance, it must prove ownership of the account.  Absent proof of ownership, it has not suffered an injury.

Is an affidavit from a PRA employee generally considered sufficient or insufficient proof of ownership?

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3 minutes ago, WillingtoFight593 said:

But with the form they gave me, it says to “check one,” and one box is to contest the jurisdiction, and there’s another box to deny the allegations. Do I check both or one or...?

I suppose you could check both.

 

4 minutes ago, WillingtoFight593 said:

Is an affidavit from a PRA employee generally considered sufficient or insufficient proof of ownership?

Read this ruling from the SC Court of Appeals.

https://scholar.google.com/scholar_case?case=843187079067875584&q=“803(6)”+AND+“affidavit”+AND+“credit+card”&hl=en&as_sdt=4,41

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1 hour ago, BV80 said:

I will upload my MTC and answer when finished drafting.

I still cannot find any agreements for PayPal Credit for 2018 period (account was charged off 11 of 2018), despite having checked all similar agreements and all of CFPB archives for that year. The S&C makes all references generally to Comenity Capital but the account was acquired in July 2018 by Synchrony right before charging off in November of the same year and then being bought by PRA from Synchrony.

I tried called Synchrony, I tried calling a Comenity, I cannot find an agreement for either bank for 2018. I have one revised 2017 by Comenity but that’s it. Same APR. That’s as close as I can get :(

Absolutely nothing for 2018, probably because things were changing hands?

 

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Here is the exact complaint they sent, any wisdom or guidance as to how to safely answer these would be much appreciated in reference to the answer document which is also attached a few replies earlier. Will attach again for convenience.

Should I just check box A and State the arbitration clause is being elected and therefore court is Improper venue and then also check D and then attach another paper stating:

1. Defendant confirms.

2. Defendant confirms.

3. Defendant has no knowledge as to the referenced claim and thereby denies.

4. Defendant has no knowledge as to the referenced claim and thereby denies.

5. Defendant has no knowledge as to the referenced claim and thereby denies.

6. Defendant has no knowledge as to the referenced claim and thereby denies.

7. Defendant has no knowledge as to the referenced claim and thereby denies.

8. Defendant confirms.

9. Defendant has know knowledge as to the referenced claim and thereby denies.

 

I have also attached a copy of the MTC. Any  comments on that would be greatly appreciated. 
 

Do I need to send a letter to the plaintiff that I am electing arbitration with AAA?

@fisthardcheese @BV80 @nobk4me @BackFromTheDebt

 

12FA27B9-7E1B-4F9E-AB18-380DB4E1C981.jpeg

974713C5-3D85-4DFE-8874-4D9A0C8BF3B8.jpeg

SCCA703.pdf MTC.docx

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24 minutes ago, WillingtoFight593 said:

I am not above begging for some help. If any of you have a spare moment to review my answer and my MTC before I submit them I would greatly appreciate it.

@BV80 @fisthardcheese @nobk4me

In your MTC, if it were me, I would include the arbitration language from the agreement and the United States Supreme Court rulings from the sample MTC in the following thread.

 

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19 hours ago, BV80 said:

In your MTC, if it were me, I would include the arbitration language from the agreement and the United States Supreme Court rulings from the sample MTC in the following thread.

I will make the changes and repost. Does my answer document look okay? I’m trying to find examples of S.C. affidavits. I see all kinds on the court forms page but none with the right language for certifying a document. 

 

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20 hours ago, WillingtoFight593 said:

Does my answer document look okay?

Use the form and check Box A.  State that the jurisdiction is incorrect due to a private arbitration clause in the underlying contract and that Defendant has elected arbitration to hear this contested matter.

20 hours ago, WillingtoFight593 said:

I’m trying to find examples of S.C. affidavits.

An Affidavit is simply your own testimony.  There need be no specific format nor state specific issues.  As long as you hit on the important information, starting with identifying yourself by stating you are a resident of County, State and are over age 18 and make the following testimony of your own free will.  And in the following paragraph I would simply state that the attached Cardmember Agreement is a "true and correct copy" of the contract that governed the disputed credit card account in question at the time the alleged complaint is based upon.

An affidavit is simply a written version of you standing in front of the court swearing to tell the truth and the saying that this is a true and correct copy of the card agreement.  That's all.

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2 hours ago, fisthardcheese said:

Use the form and check Box A.  State that the jurisdiction is incorrect due to a private arbitration clause in the underlying contract and that Defendant has elected arbitration to hear this contested matter.

I have now done that! Thank you!

Also in reviewing your sample MTC, it states that a letter has been sent CMRRR to the Plaintiff's attorney electing arbitration, in my case, with AAA. Do I need to draft a letter to them electing arb and requesting dismissal? Initially I was just planning on sending the copies of the MTC and my answer but if I need to draft a letter also I want to make sure I do that because all of this has to be done today and tomorrow.

Thanks @fisthardcheese!

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4 hours ago, WillingtoFight593 said:

Alright, tomorrow is the day I have to hand in everything. Please advise if I need to send a separate letter to the JDB attorney stating I am electing arbitration...so far I have my answer, an affidavit, the CC agreement, and the MTC all going to the clerk tomorrow.

Send a copy of everything you file to the JDB attorney then. 

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1 hour ago, fisthardcheese said:

 

I always say no letter is required and if you haven't sent one, simply eliminate that line and renumber your MTC.

 

Yes, I eliminated it in the revised one above. I’m about to take it to the clerk in an hour. Does everything look right with it?

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6 hours ago, BV80 said:

It looks good to me.  😀

Thanks @BV80! I took it, the answer, the affidavit and the agreement to the clerk today and filed. She said I’ll get a letter in the mail with my court date which will be via Zoom 🙄 not in love with that, but at least I’m on to the next stage.

I know from reading many of @fisthardcheese responses that I should wait until my MTC is granted before filing with AAA, but I have also read I should have some sort of letter or application at my court date to show I’m serious about filing. I will go back and review exactly what I’m supposed to have that day but I appreciate everyone’s help so much!

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30 minutes ago, WillingtoFight593 said:

I got a call from a spam number and didn’t answer it, but I always google the number to see who it was, and it was the attorney’s office. They didn’t leave a message. Anyone have any idea what that may have been about?

While it was probably about the lawsuit, there is no way of knowing the exact purpose of his call.  It may been to try to settle.

Note that parties in a lawsuit are expected to communicate with each other through their attorneys.  Since you are representing yourself, you can expect the plaintiff’s attorney to contact you.  If you prefer to be contacted by email and have his email address, you can send him a message stating your preference.  

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8 hours ago, BV80 said:

 If you prefer to be contacted by email and have his email address, you can send him a message stating your preference.

Is there any downside to doing that? And would I just say I prefer to be contacted by email and nothing else? Sorry I just don’t want to make a wrong move. Thanks!

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11 hours ago, WillingtoFight593 said:

Is there any downside to doing that? And would I just say I prefer to be contacted by email and nothing else? Sorry I just don’t want to make a wrong move. Thanks!

I can’t think of a downside.  Just send a polite, business-like email.  It’s not unusual for people to want to keep a record of communications. 

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I sent the email and they say they have no record of them calling me? Buttttt I definitely have a missed call from their number so I don’t get how they have no record. 

The court date is over Zoom (so annoying—the attorney’s office is 3 hours away and now he doesn’t even have to drive over). I’m so nervous 😫😩. Do I need to have anything prepared?

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