MTC Granted. What next?

[loveluck]

After many reschedules my motion was finally heard and arbitration approved. PRA atty said he had no problem with it and it was granted. 

 

(Back story: My original court date was in July.  I put in sworn denial and put forth my motion for arbitration.  Because PRA had not yet received copy of the motion, judge rescheduled for October to hear the motion. October date eventually dropped off the calendar.  PRA atty sent me a letter in November stating court date had been rescheduled to December, but when I went on that date my name was not on the docket. Not sure if this was a letter that was mailed by mistake or an attempt to get me to contact them. Court had no record of anything being rescheduled and told me that I would receive a letter from the court when rescheduled, not PRA attorneys.  Court date was finally rescheduled, my motion approved and I now have 90 days for arbitration.)

 

Note: I'm in TN courts which is very casual. Judge didn't understand he had to approve my motion before I could move forward. And PRA atty said they had not heard anything from me in the last few months and was calling for a summary judgement.  I put forth the motion again and told judge I had already filed with (J A M S) and was just waiting on motion to be approved!)

 

So this is where we are now.  I don't have funds to even negotiate what they say is my balance. I'm in survival mode.  What is my next step.  Can I contact attys and tell them I prefer to correspond by mail and email?  Do I contact them at all? Or just continue through arbitration steps.

 

(Edit to add: Synchrony is OC if that helps; PRA is JDB)

 

 

[Bulldoger]

I appears you have two choices depending where you are in JAMS. 

1) If you paid $200/250 fee then wait for PRA to Pay their $1500 fee.  

either way your on the hook for $200/250 to JAMS. If you haven't sent out the $200/250 you can contact the attorney and try to settle.  

 2) Write email or letter with copy of JAMS fee schedule attached and stating your willing to settle account in full for $200 the cost for you to start arbitration. 

You can say you can accept the money JAMS is asking for or we can settle matter in arbitration as ordered.  Give a 10 day deadline for response. 

Attorneys are notorious for letting matters lie if you don't specify response time. 

$200 is approximately 33% of total debt so they will accept offer as they do that even if they are not cornered.  

specify tradelines will be deleted PRA says they will do that. 

 

[loveluck]

4 hours ago, Bulldoger said:

...

$200 is approximately 33% of total debt so they will accept offer as they do that even if they are not cornered.  

specify tradelines will be deleted PRA says they will do that. 

 

The debt is $3800.

 

[Bulldoger]

47 minutes ago, loveluck said:

The debt is $3800.

 

Thought it was this debt you posted: guess I should have read more than the first post 

 

Basically what to do is the same.  You will need to get our hands on the money to pay your filing fee with JAMS. If you already paid and filed just wait and see what PRA does. If not once you get the money, offer it to PRA as payment in full if (simple call to attorney stating you going to file with JAMS do they want to settle for your $250 filing fee otherwise your giving it to JAMS to start arbitration.  If  they decline then file with JAMS and wait to see what PRA does.  PRA has followed into arbitration but it hasn't worked out good for them.  They won both time but lost out at the end by not being able to recoup the cost of arbitration. 

[loveluck]

P.R.A. has not paid their arbitration fee.  Court date is in 2 weeks.

How long do they have to pay?  I believe their invoice was mailed first week of May. I've paid my 250.

No contact from them, although I did get about 2 calls in the last 3 months from the same number that's been calling for the past 12 months.  However they do not leave a message so I have not talked with anyone.  No letters or email from them.

Should I vacate the next court date to give them longer to pay?  Or should I file a motion to dismiss.  If I motion to dismiss do I need to provide a copy to attorneys in advance? Or just show up in court and ask for motion?  Tennssee civil courts are very casual (and "answers" can be done day of court, even though I filed mine in advance.) The judge was not at all familiar with MTC process! (but I notice the judges do tend to sympathize with the attorneys, especially the young attorneys. Its even comical sometimes the way the judges engage with the defendants and think we are all guilty). 

[Bulldoger]

How long do they have to pay?   as long as either JAMS or Judge determines. 

2 hours ago, loveluck said:

Should I vacate the next court date to give them longer to pay?

No you should not.  Was this court date set when you got the MTC ordered?  If so PRA knew the deadline, all you need to do is show up with receipt showing you paid your fee. Copies of PRA's billing statements will also help showing they were billed, incase they try to lie and say they never got billed. (if you don't have then request copies from JAMS) also bring copy of JAMS Fee Schedule showing what they are responsible to pay .  Also copy of contract it states what they will pay. (incase the try to say they thought you were to pay the $1500.   If judge ask what you wish to do you?  say you request the case be dismissed with prejudice for P.R.A. not complying with court order .  PRA will have to give Judge a good reason why they have not done so and beg/ask for continuance.  Or they may pay the JAMS fees the days before court and show judge receipt.