Sued by debt buyer in GA

[SydneyRose]

The plantiff is PRA, assignee of Citibank and they are represented by a C & W attorney. The lawsuit was from 2019, and I was served in August(2021). Apparently they were given 2 yrs to serve this. I answered in Sept and have a contested hearing in Magistrate Court next month.  

My concerns were:

1) that there were two addresses in the paper work, mine on the statement copy(from 2016) and a different address on another exhibit in a state I've never resided in.

2) I have to get a copy of my credit report because I'm not sure it is mine, as it does list two different acct numbers, one is partially redacted w the out of state address.

3) It also had the date of acct openening as 2010 and a crdit card agreement copy dated 2015, was included as an exhibit.

4) The bill of sale and assignment, stated two different dates of sale... Also confusing. Will they need person who signed it there for testimony?

5) Agreement stated arbitration could be filed at any time, even when there is a pending lawsuit, unless trial has begun. So this must be done before hearing?? Like now correct? And by doing it now, I'm not "filing in small claims court", simply filing as agreement states is the course of action?

Thanks for any feedback.

 

 

 

 

[Clydesmom]

36 minutes ago, SydneyRose said:

1) that there were two addresses in the paper work, mine on the statement copy(from 2016) and a different address on another exhibit in a state I've never resided in.

This is something to argue at trial that the paperwork is flawed and the affidavit attesting to it's accuracy was robo-signed.

37 minutes ago, SydneyRose said:

2) I have to get a copy of my credit report because I'm not sure it is mine, as it does list two different acct numbers, one is partially redacted w the out of state address.

Another valid point to argue that the account number differs as well as the address and the account is not yours.

37 minutes ago, SydneyRose said:

3) It also had the date of acct openening as 2010 and a crdit card agreement copy dated 2015, was included as an exhibit.

They need the most recent card agreement from when you defaulted not when the account is open.  If the 2015 one was effective when you defaulted then it is the correct one.

38 minutes ago, SydneyRose said:

5) Agreement stated arbitration could be filed at any time, even when there is a pending lawsuit, unless trial has begun. So this must be done before hearing?? Like now correct? And by doing it now, I'm not "filing in small claims court", simply filing as agreement states is the course of action?

Make no mistake about it Magistrate Court IS small claims court in Georgia.  Magistrate court does not allow filing motions in advance or discovery.  It is all done the day of trial.  The bigger problem you have is you need to re-read that arbitration clause.  The ENTIRE clause.  CITI has a carve out against arbitration for cases filed in small claims aka Magistrate Court.  The second major issue you have is Cooling and Winter lost at least a half dozen motions to compel arbitration back in the beginning of their firm separating from Freddy Hanna.  They are now very skilled at defeating them.  You can try it but do not be the least shocked if they are ready for you and be prepared because when they refuse you go to trial right then and there.  No delays.  One last issue:  PRA is the one JDB that has followed through on arbitration all the way to the end.  They are not put off by that threat like others still are.

[SydneyRose]

If filed NOW, it's NOT being filed in small claims court correct? If I show up for hearing after already filing, shouldn't judge dismiss as agreement says arbitration is right forum? Agreement specifically states arbitration can be requested UNLESS trial has begun. It states to chose arbitration a MTC may be filed or commence arbitration by submitting forms and filing fees to AAA and they(Citibank or JDB?) will pay fees for claims up to $75,000.  

 

[BackFromTheDebt]

5 hours ago, SydneyRose said:

If filed NOW, it's NOT being filed in small claims court correct? If I show up for hearing after already filing, shouldn't judge dismiss as agreement says arbitration is right forum? Agreement specifically states arbitration can be requested UNLESS trial has begun. It states to chose arbitration a MTC may be filed or commence arbitration by submitting forms and filing fees to AAA and they(Citibank or JDB?) will pay fees for claims up to $75,000.  

 

No.  
 

The exemption is when the case is in small claims court or the equivalent. 
 

You would have needed to file in arbitration before the case was filed in small claims 

[SydneyRose]

It does state , "Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered."  This is an excerpt from the atty's exhibit. 

[BV80]

38 minutes ago, SydneyRose said:

It does state , "Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered."  This is an excerpt from the atty's exhibit. 

I think you’re misunderstanding.  It’s not about arbitration being filed.  It’s about whether or not a lawsuit has already been filed and which court it was filed in.  Does your agreement state something like this?

Individual claims filed in small claims court are not subject to arbitration, as long as the matter stays in small claims court.

The allegations in a lawsuit are claims. The lawsuit against you has already been filed in small claims court.  As a result, the claims in that lawsuit are not subject to arbitration.  

[SydneyRose]

It does have that statement about small claims, so to clarify if a lawsuit is pending in other courts it's a go to initiate arbitration before the trial actually starts? But if a lawsuit has been filed in Magistrate court, arbitration CAN'T be initiated by submitting a claim to AAA(only option)? 

Yes, that is confusing since it's written that arbitration can be requested unless "trial has begun", not "small claims trial has begun". For instance if I had not been sued, but received a debt letter would I have been able to initiate arbitration? Then comes a summons from PRA, am I suppose to STOP because they persued their claim in Magistrate Court? Kind of doesn't make sense if I don't go thru Magistrate Court to compel arbitration and use the other option given.