portfolio recovery filed motion for summary judgement

[cabbrown]

Hello, I am writing from Arizona and would just like to know if anyone on here can assist me with responding to a summary judgement.  in late August I was served with a summons to appear with regards to a debt that Portfolio Recovery bought from Care Credit.  I replied with an answer requesting all documents to prove the debt was valid. Now on 10/13 There was a pre trial conference set and the plaintiff failed to appear.  According to the court website a Notice of service RE 26.1 disclosure was done on 10/26 and on 12/6 I received a motion for summary Judgement.  I am lost at what to do!  

This debt shortly before it was bought by PO , I sent a letter disputing the original and only charge I put on card that was from a dental package i purchased and never received.  I never heard back from them, I just got a bill with some adjusted fees but nothing with regards to the one and only charge for dental package.  It was for 1200.00 on deferred interest for 12months.  I paid all the way up until 10months when I disputed the charge because they kept coming at me with some horse teeth.  I was told by Care Credit that I did not have to pay while I had a dispute. but I never received anything back and with my hectic time of trying to home school my daughter I spaced it off then a few months later got the summons saying I owed PO and in the amount of 1734.00.

how can I obtain the conversation recordings from original debtor or proof other than the copy of letter I sent them with regards to dispute?

PLEASE PLEASE PLEASE SOMEONE HELP!!!!! 

 

[BackFromTheDebt]

It is doubtful you could get recordings of the original conversation.  
 

Do you have a copy of the letter you sent them in dispute?

 

[cabbrown]

yes i do have a copy but i didnt send it certified unfortunately but I did make a copy of both letters I sent

[Bulldoger]

 "the original and only charge I put on card that was from a dental package i purchased and never received."

You said you paid for 10 months then stopped paying. I assume care credit paid the full 1200.00 and you ere paying 

Care credit a monthly minimum which didn't bring the principal down that much.  Even if the dental plan company refunded 200.00  that would not clear your balance with CareCredit.   CareCredit would then charge late fees and interest for 6 months before chargeoff bring the balance to   1734.00.

What did you receive as "the proof" you requested.  If it's the just last statement then you may challenge the MSJ that issues still are pending on the accounting of the handling of refund from dental plan. The amount refunded by dental plan has not been accounted for and balance they request is incorrect. 

If they filed all the statements or CC contract states you have 30 days to dispute the statement then it may not work. 

If there is an arbitration clause you could file a motion to move case to arbitration. 

You could negotiate with PRA and pay lower amount or get on payment plan.  Try to negotiate the late fees off at least.

"12/6 I received a motion for summary Judgement". 

What are the AZ rules to respond.  Most states have a requirement that your response against MSJ must be filed  a certain number of days before court date set to review MSJ.  If that date has passed then you lost. You can't go into hearing an expect judge to listen to new arguments from you or plaintiff.  Check the rules see if you still have time to respond. 

 

Rules for Justice Court (30 days) from service. 

https://govt.westlaw.com/azrules/Document/N6F4945F00DDE11E2B1BB87D5DA3B811F?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

 

[cabbrown]

Thank you for the response, you are too awesome..... So I actually paid more than the minimum I literally owed like 280.00 and some change, on the 1200.  As for proof they sent me the following:

Affidavit of custodian of records from a Portfolio Recovery stating he has personally reviewed books and records pertaining to my account

Affadavit of sale of account by original creditor

Bill of sale

affadavit of sale

Statements from the point when they took over 

and a copy of the letters they supposedly sent me in regards to them handling the account but I never received the two letters they show.

I did file a motion to request more time to respond on the 30th 

[Bulldoger]

So I actually paid more than the minimum I literally owed like 280.00 and some change, on the 1200. 

Do you have a copy of statement from care credit showing this? 

What was the balance when they took over? have they added fees or interest? 

I could still access my paid off and since closed in March 2021  CareCredit account. I could look at the last three statements.  

The URL is https://www.mysynchrony.com/   my old login username and password still worked. 

Verify that the amount you owe CareCredit is the amount PRA is suing you for. 

Synchrony is known for having good arbitration clauses filing a motion to compel arbitration may still be an option. 

 

 

[BackFromTheDebt]

11 hours ago, Bulldoger said:

Synchrony is known for having good arbitration clauses filing a motion to compel arbitration may still be an option. 

 

 

This is important.  The judge would have to rule on your MTC, and their attorney would either go along or argue that you waived 
 

Whether it is too late for arbitration varies from state to state, and even judge to judge within each state.   In Florida it would be way too late.  In Wisconsin it would not.  
 

The only way to find out if you are too late is to file an MTC. 
 

I have used the two-prong approach to MSJs before.  Fight the MSJ and also file for arbitration.  

[Clydesmom]

13 hours ago, Bulldoger said:

So I actually paid more than the minimum I literally owed like 280.00 and some change, on the 1200. 

Unfortunately 6 months of late fees, interest and any other fee in the contract will balloon the debt back up to $1200 in no time.  Take a look at the statements they sent you and see if that is part of what is contributing.  

[Robby8900]

7 hours ago, BackFromTheDebt said:

This is important.  The judge would have to rule on your MTC, and their attorney would either go along or argue that you waived 
 

Whether it is too late for arbitration varies from state to state, and even judge to judge within each state.   In Florida it would be way too late.  In Wisconsin it would not.  
 

The only way to find out if you are too late is to file an MTC. 
 

I have used the two-prong approach to MSJs before.  Fight the MSJ and also file for arbitration.  

Raise arbitration as genuine issue of fact in opposition to MSJ. This worked in Ohio, the plaintiff dismissed their own case.