COKOXV

Portfolio Recovery Associates Law Suit - California State

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I really need help pleasee. I went off from this post did mostly all steps 

I have been sued by PRA, I was served with a summons on 1/22 I submitted my answer with the court on 2/17 and sent copy to Junk buyer lawyer. I didn’t t hear anything from them until 3/17  

they sent me Interrogatories set one, Request Admission set one and Demand for Production of Documents due 4/19. So I sent them a Request for Demand for Production of Documents also due by 4/19 but Now I am literally stuck after this Once I send my respond what is next? 

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7 hours ago, COKOXV said:

I really need help pleasee. I went off from this post did mostly all steps 

I have been sued by PRA, I was served with a summons on 1/22 I submitted my answer with the court on 2/17 and sent copy to Junk buyer lawyer. I didn’t t hear anything from them until 3/17  

they sent me Interrogatories set one, Request Admission set one and Demand for Production of Documents due 4/19. So I sent them a Request for Demand for Production of Documents also due by 4/19 but Now I am literally stuck after this Once I send my respond what is next? 

Did you read the part about CCP 96 and CCP 98?

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10 minutes ago, COKOXV said:

@BV80 thank you for your response and Yes I read it but I don't understand that part should I send CCP 96 / CCP98 after sending my response ? like two weeks after?

Here is CCP 96

96.  (a) Any party may serve on any other party a request in substantially the following form: 

 

TO: ,

 

attorney for :

 

You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents are not available to you, a description of them. Witnesses and evidence that will be used only for impeachment need not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.

 

(b) The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered.

(c) A statement responding to the request shall be served within 20 days from the service of the request.

(d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion.

(e) No request or statement served under this section shall be filed, unless otherwise ordered.

(f) The clerk shall furnish forms for requests under this rule.

(g) The time for performing acts required under this section shall be computed as provided by law, including Section 1013.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=1.&part=1.&chapter=5.1.&article=2.

 

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@BV80 Thank you so much, I have a question you might be able to help me, so I came across other posts on here regarding Motion to Compel Arbitration. The bank of the debt is with Synchrony Bank and I know they have a good Arbitration section on the credit card agreement. Since I already filed my Answer with the court and with JDB, they started the discovery. Can I try to Motion to Compel Arbitration with the court? even if the discovery started. 

I am in the county of Alameda and this is what it stats on Motions

MOTIONS

In every case, to present a motion to the court, a party must:

  • reserve a hearing date with the applicable department,
  • file the motion with the court, and 
  • serve the other parties.  

A party must give notice of the hearing as required by law.  California Code of Civil Procedure Sections 1005 and 1010 et seq. apply to most motions.  See below for additional requirements for unlawful detainers and other civil cases.

I haven't sent my response to them on the interrogatories, Admission and Demand for Production of Documents but I am thinking to send them out tomorrow. Should I wait and see if court would grant the arbitration? I am so lost and this is so stressful. 

 

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4 hours ago, COKOXV said:

@BV80 Thank you so much, I have a question you might be able to help me, so I came across other posts on here regarding Motion to Compel Arbitration. The bank of the debt is with Synchrony Bank and I know they have a good Arbitration section on the credit card agreement. Since I already filed my Answer with the court and with JDB, they started the discovery. Can I try to Motion to Compel Arbitration with the court? even if the discovery started. 

I am in the county of Alameda and this is what it stats on Motions

MOTIONS

In every case, to present a motion to the court, a party must:

  • reserve a hearing date with the applicable department,
  • file the motion with the court, and 
  • serve the other parties.  

A party must give notice of the hearing as required by law.  California Code of Civil Procedure Sections 1005 and 1010 et seq. apply to most motions.  See below for additional requirements for unlawful detainers and other civil cases.

I haven't sent my response to them on the interrogatories, Admission and Demand for Production of Documents but I am thinking to send them out tomorrow. Should I wait and see if court would grant the arbitration? I am so lost and this is so stressful. 

 

You should still be able to file a MTC.  I would do so immediately using the case law/court rulings listed in the MTC example in the arbitration thread.  Once the motion has been filed with the court and a copy sent to the plaintiff’s attorney, you could possibly answer each discovery request with something like “arbitration has been elected and a motion to compel arbitration has been filed.  Therefore, this request is improper.”  Something like that.

Hopefully, @fisthardcheeseor @BackFromTheDebtwill respond.

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1 hour ago, BV80 said:

You should still be able to file a MTC.  I would do so immediately using the case law/court rulings listed in the MTC example in the arbitration thread.  Once the motion has been filed with the court and a copy sent to the plaintiff’s attorney, you could possibly answer each discovery request with something like “arbitration has been elected and a motion to compel arbitration has been filed.  Therefore, this request is improper.”  Something like that.

Hopefully, @fisthardcheeseor @BackFromTheDebtwill respond.

I think technically the OP needs to object to each request.  

The thing is, at some point the court will rule that the OP has waived rights to arbitration due to participation in the case.  The point of no return varies from state to state, and even from court to court within a state.  It could depend on what mood the judge is in that day.  

Has the OP gone too far in the case already?  Maybe, maybe not.  That is for the judge to decide.  Or maybe the opposing attorney will just go along with it, and the judge will just allow arbitration.  

This is the equivalent of a buzzer-beating shot in a basketball game.  If you don't take the shot, you lose.  If you take the shot, you might win. So take the shot. 

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@BackFromTheDebt @BV80 Thank you both, I send them a Demand for Production of Documents, would it matter if I submit Motion to Compel Arbitration to court even after i sent them a DPD?.

 On my answer I added Affirmative Defenses but unfortunately I didn't added arbitration :(

Here are the Affirmative Defenses I used

1. Plaintiff's claims are barred in whole or in part by the doctrines of laches, equitable estoppel, and unclean hands.

2. Plaintiff's claims are barred in whole or in part because of a failure to mitigate damages.

3. Plaintiff's claims are barred in whole or in part by the statute of limitations.

4. Plaintiffs claims are barred in. whole or in part because defendant paid all or part of the debt.

5. Plaintiffs claims are barred in whole or in part because Plaintiff does not correctly state the amount owed.

6. Plaintiffs claims are barred in whole or in part because Plaintiff breached its contract with Defendant.

7. Defendant request that Plaintiffs perform an accounting and provide defendant with documentation that proves the amount that Defendant allegedly owes. 

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40 minutes ago, COKOXV said:

@BackFromTheDebt @BV80 Thank you both, I send them a Demand for Production of Documents, would it matter if I submit Motion to Compel Arbitration to court even after i sent them a DPD?.

 On my answer I added Affirmative Defenses but unfortunately I didn't added arbitration :(

Here are the Affirmative Defenses I used

1. Plaintiff's claims are barred in whole or in part by the doctrines of laches, equitable estoppel, and unclean hands.

2. Plaintiff's claims are barred in whole or in part because of a failure to mitigate damages.

3. Plaintiff's claims are barred in whole or in part by the statute of limitations.

4. Plaintiffs claims are barred in. whole or in part because defendant paid all or part of the debt.

5. Plaintiffs claims are barred in whole or in part because Plaintiff does not correctly state the amount owed.

6. Plaintiffs claims are barred in whole or in part because Plaintiff breached its contract with Defendant.

7. Defendant request that Plaintiffs perform an accounting and provide defendant with documentation that proves the amount that Defendant allegedly owes. 

You have to be careful requesting discovery.  In some states, engaging in litigation can waive your right to request arbitration.  

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3 hours ago, COKOXV said:

@BackFromTheDebt @BV80 Thank you both, I send them a Demand for Production of Documents, would it matter if I submit Motion to Compel Arbitration to court even after i sent them a DPD?.

 On my answer I added Affirmative Defenses but unfortunately I didn't added arbitration :(

Here are the Affirmative Defenses I used

1. Plaintiff's claims are barred in whole or in part by the doctrines of laches, equitable estoppel, and unclean hands.

2. Plaintiff's claims are barred in whole or in part because of a failure to mitigate damages.

3. Plaintiff's claims are barred in whole or in part by the statute of limitations.

4. Plaintiffs claims are barred in. whole or in part because defendant paid all or part of the debt.

5. Plaintiffs claims are barred in whole or in part because Plaintiff does not correctly state the amount owed.

6. Plaintiffs claims are barred in whole or in part because Plaintiff breached its contract with Defendant.

7. Defendant request that Plaintiffs perform an accounting and provide defendant with documentation that proves the amount that Defendant allegedly owes. 

*sigh* 

 

Other than #7, it appears your affirmative defenses were just a copy and paste from some bad info on the internet.  Since the burden of proof of affirmative defenses is on the defendant, it doesn't make sense to throw mud on the wall to see what will stick.  You have to prove it.  

 

To make it clear to others who may read this thread, you should've used arbitration as your only affirmative defense, unless you can actually show any of these as true.  

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5 minutes ago, BackFromTheDebt said:

*sigh* 

 

Other than #7, it appears your affirmative defenses were just a copy and paste from some bad info on the internet.  Since the burden of proof of affirmative defenses is on the defendant, it doesn't make sense to throw mud on the wall to see what will stick.  You have to prove it.  

 

To make it clear to others who may read this thread, you should've used arbitration as your only affirmative defense, unless you can actually show any of these as true.  

Agreed.  And #7 is not a defense.

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