Author Topic: Being sued by PRA, Need help!  (Read 986 times)

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Mspeed00

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Being sued by PRA, Need help!
« on: August 16, 2017 05:21:25 PM »
I got a notice of summons about 2 weeks ago and have spent many hours trying to figure out what to do. This morning I filed for a pre-trial which gives me 14 more days to file an answer. My pre-trial date is Oct 11th of this year.

1. Who is the named plaintiff in the suit?  PRA

2. What is the name of the law firm representing the Plaintiff? Not sure, based out of Norfolk, VA though.

3. How much are you being sued for? Round off the amount. $1550

4. Who is the original creditor? (if not the Plaintiff) original creditors are major banks such as Citibank, Chase, Capitol 1, Wells Fargo, etc. If you see a name you don't recognize, like Midland, Portfolio, Cavalry, it is a "junk debt buyer."
Citi Bank/Home Depot

5. How do you know you are being sued? Were you properly served?
Checked with court and got a copy of summons.

6. How were you served? (Mail, In person, Notice on door)
Got a slip saying summons was left at my residence which it never was.. I had to call the court to get a copy.

7. What state do you live in?
Kansas

8. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is very important, they often wait too long to file suit. No wild guesses please, that does not help.
I don't remember, I'd guess 2 years ago. OC isn't on any of my credit reports anymore. I believe 3 years is SOL in Kansas. Card was opened sometime in 2012 though.

9. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. If not, you can find this in your state rules of civil procedure. Links are posted here under state laws.
I filed for a pre trial this morning which pushed the original court date on the summons to Oct. 11th. I have 14 days from today to file an answer.

10. What documents, if any, did they send with the summons?
Just one statement from Home Depot and an affidavit.

11. Did they also send discovery? (Requests for Production of Documents, Requests for Admissions, Interrogatories)
No.

I attached the court summons and what was sent with it. Any help on writing an answer and/or any suggestions would be greatly appreciated.

Thank you!

Mspeed00

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Re: Being sued by PRA, Need help!
« Reply #1 on: August 23, 2017 01:48:47 PM »
No body?? Did I post to the wrong area?

Clydesmom66

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Re: Being sued by PRA, Need help!
« Reply #2 on: August 23, 2017 03:45:07 PM »
You are going to need to answer and get it filed.  See if your court has a pre-printed form you can use.  If not you will have to find out what the format is for answering the suit for your court.  I don't believe anyone on the forum has specific experience with Kansas.

Citibank removed arbitration as an option on small claims cases so unless PRA filed in District Court you cannot use that option to get them to back down.  You will have to defend the suit.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

BrokeBob

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Re: Being sued by PRA, Need help!
« Reply #3 on: August 23, 2017 06:18:39 PM »
It appears they have at least one of your statements. 

Probably the only way to defend this is to attack the chain of custody.  Make them prove that they really own the debt. 

Jane007

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Re: Being sued by PRA, Need help!
« Reply #4 on: August 23, 2017 08:08:18 PM »
Check if the case was filed as a small claims action and not a district court limited action.

In Kansas there are 3 types of cases. Chapter 60 civil cases, chapter 61 limited action $25k max, chapter 61 small claims $4k max.

However, based on research, debt buyers typically file their cases in Kansas as a limited action, and a limited action is not a small claims action, even if it is <$4k.

This is probably because KSA 61-2704 (B) and KSA 61-2714 (d) prohibits any one plaintiff from filing over 20 small claims actions in a single calendar year.

The headings/captions of the complaint should give you the information about what type of action the case is and in which court/division it was filed.

Edit: I initially missed that you had attached a copy of the complaint to your post.  Having now reviewed the complaint, it is clear that it was filed as a limited action (which is not a small claims action; there is caselaw on this) and therefore the small claims exception in the arbitration clause shouldn't be applicable to this case.
« Last Edit: August 23, 2017 08:24:51 PM by Jane007 »

CleaningUp

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Re: Being sued by PRA, Need help!
« Reply #5 on: August 23, 2017 09:47:32 PM »
Something that all that are new to this process is that if the account went into default in the last couple of years the JDB have got the documentation to prove their case.

The Consumer Protection Finance Board, a few years ago, instituted new policies regarding the sale of accounts to debt buyers, increasing the amount of documentation that the sellers were to provide and the buyers were to receive.  The thinking behind that rule was to cut down on the number of shoddy attempts to pass-off poorly documented accounts that were leading to unfair judgments being issued.

Jane007

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Re: Being sued by PRA, Need help!
« Reply #6 on: August 23, 2017 10:08:50 PM »
The Consumer Protection Finance Board, a few years ago, instituted new policies regarding the sale of accounts to debt buyers, increasing the amount of documentation that the sellers were to provide and the buyers were to receive.
Is the "The Consumer Protection Finance Board" different than the The Consumer Financial Protection Bureau (CFPB), or did you mean the latter?

Either way, all the more reason to compel the Plaintiff's claims to arbitration - in the event that a settlement can't be reached and the OP still wants to defend the case.

Mspeed00

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Re: Being sued by PRA, Need help!
« Reply #7 on: August 23, 2017 10:48:44 PM »
Jane thank you so much! I saw the small claims exemption in the arbitration section and had no idea it didn't apply. Since this isn't a small claims issue, how does arbitration work? Will it cost me any money?

Also, can someone point me in the right direction for writing an answer that askes for arbitration? And do you happen to know the case law on the limited action vs small claims?

Thanks again, you guys rock.

Mspeed00

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Re: Being sued by PRA, Need help!
« Reply #8 on: August 24, 2017 02:21:47 PM »
Check if the case was filed as a small claims action and not a district court limited action.

In Kansas there are 3 types of cases. Chapter 60 civil cases, chapter 61 limited action $25k max, chapter 61 small claims $4k max.

However, based on research, debt buyers typically file their cases in Kansas as a limited action, and a limited action is not a small claims action, even if it is <$4k.

This is probably because KSA 61-2704 (B) and KSA 61-2714 (d) prohibits any one plaintiff from filing over 20 small claims actions in a single calendar year.

The headings/captions of the complaint should give you the information about what type of action the case is and in which court/division it was filed.

Edit: I initially missed that you had attached a copy of the complaint to your post.  Having now reviewed the complaint, it is clear that it was filed as a limited action (which is not a small claims action; there is caselaw on this) and therefore the small claims exception in the arbitration clause shouldn't be applicable to this case.


Jane, do you know the case law that you mentioned?

Jane007

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Re: Being sued by PRA, Need help!
« Reply #9 on: August 24, 2017 04:59:54 PM »
Jane, do you know the case law that you mentioned?
I noticed it yesterday when reading a case about some litigant exceeding the limit of 20 small claims actions per year.  The court opinion had some language that any action after the 20th that was filed as a ch 61 limited action did not count towards the 20 case limit, because limited actions are not small claims actions.  I didn't save the search, I'll have to search again for it later.

Read ch 61.  The language about limited action vs small claims action seems pretty clear.  Your complaint indicates "limited action".  You should do your own research and if you're not convinced that the complaint isn't a small claims action, then don't move to compel arbitration.

Mspeed00

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Re: Being sued by PRA, Need help!
« Reply #10 on: August 28, 2017 05:40:59 PM »
I noticed it yesterday when reading a case about some litigant exceeding the limit of 20 small claims actions per year.  The court opinion had some language that any action after the 20th that was filed as a ch 61 limited action did not count towards the 20 case limit, because limited actions are not small claims actions.  I didn't save the search, I'll have to search again for it later.

Read ch 61.  The language about limited action vs small claims action seems pretty clear.  Your complaint indicates "limited action".  You should do your own research and if you're not convinced that the complaint isn't a small claims action, then don't move to compel arbitration.



I'm still having trouble finding whether it's small claims or not. I've read parts of ch. 61 and it's very confusing to me. My answer is due on Wednesday. I feel hopeless ugh.

Mspeed00

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Re: Being sued by PRA, Need help!
« Reply #11 on: August 28, 2017 05:54:51 PM »
I just called the court house and was told it is NOT a small claims case. It falls under limited action and he said if it was small claims, my summons would of stated that and my case number would be different. So basically, the court said it doesn't fall under small claims. Now I need to write up an answer asking for arbitration and find the case laws to support it. Any help would be greatly appreciated.
« Last Edit: August 28, 2017 05:59:39 PM by Mspeed00 »