Author Topic: Being sued by Portfolio Recovery/Express card  (Read 3464 times)

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BellEbutton

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Re: Being sued by Portfolio Recovery/Express card
« Reply #45 on: March 18, 2017 05:57:52 AM »
This answers your question:

Not exactly.  You said that the OP's comment "I'm still scratching my head as to why the only statement they attached to the affidavit was from 3/11/13." indicated that the last transaction occurred long before the date on the last statement. 

So, the last statement does not indicate when the last transaction took place.  In any case, the plaintiff filed while the account was still within the SOL.

Bubbles

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Re: Being sued by Portfolio Recovery/Express card
« Reply #46 on: March 18, 2017 06:57:45 AM »
This answers your question. Don't forget to read the first sentence:


Quote from: YYaWannaNO on Yesterday at 12:39:10 AM
Thank you!  Going through my bank records, it looks like the last payment on this account was 2/14/12.  I still don't know if that's considered past the SOL as I was served on 2/19/17 BUT the complaint was filed 1/24/17.    I'm still scratching my head as to why the only statement they attached to the affidavit was from 3/11/13.  Don't want to assume (yet), but I am wondering if they have any previous statements?  Can I reallly assume the burden of proof is on the plaintiff?


biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #47 on: March 18, 2017 07:22:37 AM »
I AM NOT A LAWYER However, I would STRONGLY ENCOURAGE the OP (based on personal observation of IL small claims cases including in Cook County) NOT to "just appear" and argue their case sotospeak. Based upon Illinois Supreme Court Rule 286(b) that I previousely posted, you IMHO will open yourself up to all sorts of problems not the least of which is that, many, if not most, judges are sympathetic to the plaintiff in these cause of actions, and therefore may help do their job(plaintiff's counsel) for them by direct examination of YOU. If you do not know what you are doing and even if you do, the odds are stacked against you prevailing I think.

 In one instance, I watched as a judge "shredded" a defendant's attorney, denied his (what I thought was a reasonable) motion and THEN, when queried by said counsel as to if the judge  would be "explaining" his ruling,  the judge just replied "No" - as they can do in IL SC. If it were me, and arbitration was a possibility (no small claims exemption in account agreement), I would probably go the arbitration route and yes,  you will need leave of the court to file your motion I believe, another potential pitfall .

Bubbles did post some good papers by a really good law firm in the state  MIGHT WANT TO READ UP ON THEM :)

 

outtadebt

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Re: Being sued by Portfolio Recovery/Express card
« Reply #48 on: March 18, 2017 06:47:28 PM »
The last statement is irrelevant, as it is dated long after the last transaction.

IL has more stringent requirements than most states for complaints in debt cases. Obviously, I don't have any idea what the complaint looks like. But OP does. Perhaps OP can find a deficiency:

http://edcombs.com/wp-content/uploads/2013/05/collection-defense-debt-buyer.pdf

And Illinois has a long and distinguished history of ignoring these statutes at the local levels.  If you lose and want to appeal, then someone with sense may actually listen to your argument.

BellEbutton

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Re: Being sued by Portfolio Recovery/Express card
« Reply #49 on: March 19, 2017 05:22:53 AM »
This answers your question. Don't forget to read the first sentence:


Quote from: YYaWannaNO on Yesterday at 12:39:10 AM
Thank you!  Going through my bank records, it looks like the last payment on this account was 2/14/12.  I still don't know if that's considered past the SOL as I was served on 2/19/17 BUT the complaint was filed 1/24/17.    I'm still scratching my head as to why the only statement they attached to the affidavit was from 3/11/13.  Don't want to assume (yet), but I am wondering if they have any previous statements?  Can I reallly assume the burden of proof is on the plaintiff?

I did read the first sentence.  You don't even understand your own comments.

The OP needs to MTC arbitration. 

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #50 on: March 20, 2017 08:38:25 PM »
Thanks all for the suggestions.  Seems like arbitration is the best way to go, now off to the arbitration section!  I'm feeling a bit overwhelmed, but not as bad as when I was served!  Has anyone dealt with Blitt Gaines?  I'm sure mileage may vary, but I'm curious to know if they well be quick to agree with arbitration for an almost 5 year old $1000 debt??
« Last Edit: March 20, 2017 08:50:50 PM by YYaWannaNO »

Bruno the JDB Killer

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Re: Being sued by Portfolio Recovery/Express card
« Reply #51 on: March 20, 2017 08:43:18 PM »
It isn't up to Blitt, <Removed>  it's PRA's decision. They don't arbitrate. Period. Learn to love it, because it's the best thing going today.
« Last Edit: May 19, 2017 06:11:12 PM by Admin0248 »
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #52 on: March 20, 2017 10:45:58 PM »
So if they don't arbitrate, can they still continue with the lawsuit?

outtadebt

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Re: Being sued by Portfolio Recovery/Express card
« Reply #53 on: March 21, 2017 04:36:28 AM »
As stated, it is not Blitt's decision.  It is up to PRA, and they usually say no.  What is up to you is to get your MTC Arbitration in front of the court.  They will continue with the suit until that is granted. 

Also, did you again check where you have been sued vs. where you live.  You can get an FDCPA violation, the case dismissed temporarily and refiled in the right location if they pulled their usual trick.  That will buy you more time and leverage.  Blitt is notorious for filing at the wrong Cook County courthouse.

fisthardcheese

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Re: Being sued by Portfolio Recovery/Express card
« Reply #54 on: March 21, 2017 11:06:05 AM »
So if they don't arbitrate, can they still continue with the lawsuit?

Once the court grants your MTC, Blitt and PRA have no option but to arbitrate or be in violation of a court order.  Their only out is to dismiss the case completely.  This is the out they take 99.9% of the time.

Learn to love it, because it's the best thing going today.

Coltfan will be sending a copyright C&D very soon.  :)
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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Re: Being sued by Portfolio Recovery/Express card
« Reply #55 on: March 21, 2017 12:46:05 PM »
Once the court grants your MTC, Blitt and PRA have no option but to arbitrate or be in violation of a court order.  Their only out is to dismiss the case completely.  This is the out they take 99.9% of the time.

Coltfan will be sending a copyright C&D very soon.  :)


And he can use it for a napkin after he shines my new lizard shoes.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

YYaWannaNO

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Re: Being sued by Portfolio Recovery/Express card
« Reply #56 on: March 21, 2017 08:00:04 PM »
As stated, it is not Blitt's decision.  It is up to PRA, and they usually say no.  What is up to you is to get your MTC Arbitration in front of the court.  They will continue with the suit until that is granted. 

Also, did you again check where you have been sued vs. where you live.  You can get an FDCPA violation, the case dismissed temporarily and refiled in the right location if they pulled their usual trick.  That will buy you more time and leverage.  Blitt is notorious for filing at the wrong Cook County courthouse.

Hi!  I live in Cook county and the suit was filed in Cook.  The Chicago downtown office to be exact.  I don't have the summons in front of me but I'm pretty sure. I'll double check

biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #57 on: March 23, 2017 06:30:24 PM »
"Also, did you again check where you have been sued vs. where you live.  You can get an FDCPA violation, the case dismissed temporarily and refiled in the right location if they pulled their usual trick.  That will buy you more time and leverage.  Blitt is notorious for filing at the wrong Cook County courthouse."

Except in this case if they filed in the wrong courthouse not only will the OP have a possible FDCPA violation but if PRA's attorneys then DISMISS their case (temporarily), to refile in another
(the correct)  court district, won't they be past the 5 year deadline based on the OP's stated last activity date (sometime in February of 2012)? Or will that be just a technicality and PRA will merely be changing the venue sotospeak?

biffster7199

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Re: Being sued by Portfolio Recovery/Express card
« Reply #58 on: March 23, 2017 06:38:41 PM »
I forgot the OP is "only" being sued for approximately $1,000.00 Seems if the case was filed in the wrong district, that alone could wipe out most, if not all (they can still ask for court costs IIRC) of any judgement against the OP. Win/win either way as I see it IF PRA's attorneys filed in the wrong district. Kinda makes me ask: "What other violations has the plaintiff and/or their attorneys/collection agencies/etc. committed?" 

Bruno the JDB Killer

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Re: Being sued by Portfolio Recovery/Express card
« Reply #59 on: March 23, 2017 09:20:58 PM »
Hi!  I live in Cook county and the suit was filed in Cook.


How is this a violation? There is a trend here that presupposes that PRA etc will automatically violate. They are not that stupid. It takes some work to make PRA write you that big check. (don't ask) Their paperwork, contact, etc. has improved quite a bit. That doesn't mean you can't beat them, but don't expect some automatic FDCPA violation where they will fold their hand.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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