Jump to content

Dismissal without Prejudice (Portfolio Recovery Associates, LLC)


Lorenso
 Share

Recommended Posts

Hi all, new member joining in!

I was sued by Portfolio Recovery Associates, LLC for an alleged debt. I filed an answer & motion to compel arbitration. I filed a demand with the American Arbitration Association (AAA) as well.

I just received a letter from local District Court (TX) that Portfolio Recovery Associates filed a notice of non-suit (Texas procedure rules 162 & 163) dismissal without prejudice.

Furthermore, I then received a (strange?) letter from AAA stating they could not arbitrate with Portfolio Recovery Associates in particular. I am not sure how to interpret this letter? (attached).

Any recommendations on next steps to ensure this collection activity stops and is removed? (i.e. formal letter, civil suit, arbitration w/JAMS etc.?)

Thanks,

Lorenso

 

 

 

Screenshot AAA arbitration.jpg

Link to comment
Share on other sites

In my opinion, you won.  You don't have to arbitrate.  PRA dismissed the case.  They probably won't sue you again.  If they do, it's rinse and repeat.

As for stopping collection activity, you could send them a cease and desist letter, if they contact you again.  I would not.  I would consider this a victory, and if they contacted me again, if this were my situation, I would monitor their communications for violations of consumer laws.

As for removal from your credit report, you can dispute it with the credit reporting agencies.  Again, I would not.  You dodged a major bullet with this lawsuit.  I would accept it as the victory it is, and not try to push things.

  • Like 2
Link to comment
Share on other sites

On 1/4/2022 at 2:10 PM, nobk4me said:

In my opinion, you won.  You don't have to arbitrate.  PRA dismissed the case.  They probably won't sue you again.  If they do, it's rinse and repeat.

As for stopping collection activity, you could send them a cease and desist letter, if they contact you again.  I would not.  I would consider this a victory, and if they contacted me again, if this were my situation, I would monitor their communications for violations of consumer laws.

As for removal from your credit report, you can dispute it with the credit reporting agencies.  Again, I would not.  You dodged a major bullet with this lawsuit.  I would accept it as the victory it is, and not try to push things.

This is excellent advice.

 

Take your conditional victory, let sleeping dogs lie.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.