Flathead55 Posted April 21, 2021 Report Share Posted April 21, 2021 I was served a summons last week by Portfolio for a Synchrony Bank credit card 1600.00 . I am getting my papers ready for MTC and answer my complaint but in checking my credit report I have saw they have another collection from synchrony bank for a different credit card in amount of 2600 they haven’t sued for yet . Can I send them a elected arbitration letter to keep from them filing suit on it ? Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 21, 2021 Report Share Posted April 21, 2021 5 minutes ago, Flathead55 said: I was served a summons last week by Portfolio for a Synchrony Bank credit card 1709.00 . I am getting my papers ready for MTC and answer my complaint but in checking my credit report I have saw they have another collection from synchrony bank for a different credit card in amount of 2600 they haven’t sued for yet . Can I send them a elected arbitration letter to keep from them filing suit on it ? Electing arbitration in advance of a lawsuit is not a sure fire way to prevent a lawsuit from being filed. Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 21, 2021 Author Report Share Posted April 21, 2021 Ok thanks, when I file for my arbitration can I include that account as well to JAMS since it is same JDB and synchrony bank agrrement Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 21, 2021 Report Share Posted April 21, 2021 36 minutes ago, Flathead55 said: Ok thanks, when I file for my arbitration can I include that account as well to JAMS since it is same JDB and synchrony bank agrrement What would be your dispute for the 2nd account? Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 21, 2021 Author Report Share Posted April 21, 2021 3 minutes ago, BV80 said: What would be your dispute for the 2nd account? True? I was just trying to figure out a way to stop another summons from coming . The one I’m working on now has stressed me to max and I have read and read Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 21, 2021 Report Share Posted April 21, 2021 3 minutes ago, Flathead55 said: Ok thanks, when I file for my arbitration can I include that account as well to JAMS since it is same JDB and synchrony bank agrrement Sometimes. I had a situation many years ago in which I had been granted a stay for arbitration in a Citi card case. Then the same law firm sent me a letter for another case. So I combined the two and filed in JAMS for both. That was a simpler situation because the same law firm was handling both cases. I just sent a copy to the law firm. If your second case is not with a law firm yet, you would also need to send everything to the JDB as well. So your situation is more complicated. Thing is, the JDB could object to the case being combined. If that happens, you may have to file two separate cases in JAMS. And nothing will stop a lawsuit 100% of the time. Legally they can’t sue on the second case after you start in JAMS, but sometimes they do anyway. 1 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 21, 2021 Report Share Posted April 21, 2021 20 minutes ago, Flathead55 said: True? I was just trying to figure out a way to stop another summons from coming . The one I’m working on now has stressed me to max and I have read and read As I mentioned, combining may or may not work. You have the MTC for the first case, and a good reason to file in JAMS. You could try to combine the two. As I said, they might object. If they object, then you can't do it unless the arbitrator says you can. Combining both cases in JAMS might stop a second suit. Or, since there is more money on the table, it might possibly encourage them to fight it out in JAMS. Probably not, but you never know. The point of combining is to hope they walk away from both. If that happens, you win both cases. Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 21, 2021 Author Report Share Posted April 21, 2021 I think I will stick with the one I’ve been served on already first . Another quick question since they haven’t filed suit YET i can’t remember if they have sent a letter asking for payment on the 2nd one for 2600 so could I send them a DV letter for it although it would be past 30 days since I don’t remember a letter being sent ? Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 21, 2021 Report Share Posted April 21, 2021 41 minutes ago, Flathead55 said: I think I will stick with the one I’ve been served on already first . Another quick question since they haven’t filed suit YET i can’t remember if they have sent a letter asking for payment on the 2nd one for 2600 so could I send them a DV letter for it although it would be past 30 days since I don’t remember a letter being sent ? You could send a DV, but if they have not contacted you, the 30-day validation period hasn’t been triggered. Also, you could be waking a sleeping bear. If they have already sent a letter, your DV would be outside the 30-day window, and they would be free to continue collection efforts without validating. Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 21, 2021 Author Report Share Posted April 21, 2021 Do I send copy of my answer , MTC and letter electing arbitration all together to portfolio associates ,and a set to their their lawyers ? Or just portfolio since they are the plaintiff Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 22, 2021 Report Share Posted April 22, 2021 1 hour ago, Flathead55 said: Do I send copy of my answer , MTC and letter electing arbitration all together to portfolio associates ,and a set to their their lawyers ? Or just portfolio since they are the plaintiff In a lawsuit, all docs are sent to the attorney because he/she is representing the plaintiff. If you had hired an attorney, Portfolio’s attorney would send docs and communications to your attorney. Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 22, 2021 Author Report Share Posted April 22, 2021 46 minutes ago, BV80 said: In a lawsuit, all docs are sent to the attorney because he/she is representing the plaintiff. If you had hired an attorney, Portfolio’s attorney would send docs and communications to your attorney. So in my answer and certificate of service I had put Portfolio and their address should I change this to attorneys name and address Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 22, 2021 Report Share Posted April 22, 2021 1 hour ago, Flathead55 said: So in my answer and certificate of service I had put Portfolio and their address should I change this to attorneys name and address Put Portfolio as the other party, c/o the attorney's name and address. Do you have the attorney's email address? Once you have mailed it to them, you will mostly correspond with the attorney by email. You might even email a copy to the attorney as a courtesy, and at that time make the offer for a mutual walkaway. Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 23, 2021 Author Report Share Posted April 23, 2021 Yes I have their email address. I’m going in the morning to file my answer and MTC and certify mail PRA attorney. So I send PRA first then go to clerks office to file right ? Then do I present my answer first or MTC ? I have so much anxiety right now !! Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 23, 2021 Author Report Share Posted April 23, 2021 I filed my answer and MTC this morning! I asked about a date for hearing on MTC and she said I would be hearing from PRA by mail about a date to appear . She also said I needed mail copy of papers to PRA , I sent a copy of what I was taking to the court to file to PRA attorney before I went to clerks office do I need to send to PRA also? Another question do I send a copy after it has been stamped filed ? Sorry but this is a first for me Quote Link to comment Share on other sites More sharing options...
YoRocky Posted April 23, 2021 Report Share Posted April 23, 2021 4 hours ago, Flathead55 said: I filed my answer and MTC this morning! I asked about a date for hearing on MTC and she said I would be hearing from PRA by mail about a date to appear . She also said I needed mail copy of papers to PRA , I sent a copy of what I was taking to the court to file to PRA attorney before I went to clerks office do I need to send to PRA also? Another question do I send a copy after it has been stamped filed ? Sorry but this is a first for me hi could you help me out? im in a similar situation as you. I have to answer a credit card suit by next week. Id like to buy more time. Id REALLY appreciate some guidance since you have gone through this so fresh. my post is here Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 24, 2021 Author Report Share Posted April 24, 2021 On 4/23/2021 at 11:00 AM, Flathead55 said: I filed my answer and MTC this morning! I asked about a date for hearing on MTC and she said I would be hearing from PRA by mail about a date to appear . She also said I needed mail copy of papers to PRA , I sent a copy of what I was taking to the court to file to PRA attorney before I went to clerks office do I need to send to PRA also? Another question do I send a copy after it has been stamped filed ? Sorry but this is a first for me Can someone please respond to this please ,!! I Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 24, 2021 Report Share Posted April 24, 2021 Anything you send to the court or to the arbitration forum must also be sent to the opposing attorney Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 24, 2021 Author Report Share Posted April 24, 2021 32 minutes ago, BackFromTheDebt said: Anything you send to the court or to the arbitration forum must also be sent to the opposing attorney How long does it usually take to hear a reply back from PRA ? What should I expect next if anyone knows Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 25, 2021 Report Share Posted April 25, 2021 1 hour ago, Flathead55 said: How long does it usually take to hear a reply back from PRA ? What should I expect next if anyone knows That is something that varies case to case. Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 25, 2021 Author Report Share Posted April 25, 2021 16 hours ago, BackFromTheDebt said: That is something that varies case to case. Ok thanks so now it’s just a wait but in meantime I’m getting my JAMS filled out ready to send and I still haven’t emailed PRA attorney Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted April 30, 2021 Author Report Share Posted April 30, 2021 Checked USPS website this morning and the certified letter I sent PRA attorny last Friday has not been signed for yet ! Should I take pics of filed documents and email to their attorney? Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted May 29, 2021 Author Report Share Posted May 29, 2021 Still haven’t heard anything from PRA or court since I filed my answer and MTC on April 23 . I sent an email with copy of answer and MTC on May 6th to their attorney no response on this account . But couple days ago received a letter from Portfolio on the other account they have on me from another credit card thru synchrony for 2600 offering me 3 different payment options was needing opinions should I set up payments to avoid being sued on this and avoid another lawsuit or what do you think chances are of them settling both with some sort of monetary settlement since I have elected arbitration on the first lawsuit that I’m still waiting to hear something from . Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted May 30, 2021 Report Share Posted May 30, 2021 When you filed motion did you get a court date as to when it will be heard? When is your next court date? Quote Link to comment Share on other sites More sharing options...
Flathead55 Posted May 30, 2021 Author Report Share Posted May 30, 2021 36 minutes ago, Bulldoger said: When you filed motion did you get a court date as to when it will be heard? When is your next court date? I asked and they said I would get something from PRA and I’ve not received anything from them or the court about a date . I got the green cards back where attorney received papers may 7 Quote Link to comment Share on other sites More sharing options...
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