When can I request Arbitration with the Court?

[prose14]

Arbitration is often more streamlined, but not always. And generally the creditor will have the burden of proof. But look at the rules for arbitration that are in the creditor's contract with you. The details in there can be important. And note that one problem with arbitration can be that the arbiter has at least some bias towards the creditor because it selected the arbitration firm and that firm has an interest in keeping that creditor as a customer. If the arbitration firm rules too often against the creditor that might cause the creditor to pick a different arbitrator in the future. That would lose money for the arbitration firm. So if the arbitration firm is designated in the contract, I'd be a bit concerned about how objective that arbiter will actually be.

Thank you, I appreciate this information.

 

[prose14]

The problem I see is that the OP is almost certainly going to lose, whether it be in court or in arbitration. The OP acknowledges owing the money and is upset that the creditor won't provide documentation that he has not properly requested. The OP should be focused on keeping this out of court/arbitration and the best way to do that is by trying to reach a settlement.

I don't believe I stated that I owe "this" money. I stated that I defaulted on a card years ago. I had several cards with this merchant at different times over the years, one is satisfied and paid the other shows charged off on my credit report. I would think that if Portfolio had the account it would be somewhere with one of the bureaus. All the documents will be properly requested during Discovery, they will put them on the table or not, but I have the right to proof.

 

[TigerD]

All the documents will be properly requested during Discovery, they will put them on the table or not, but I have the right to proof.

All what documents? Do you even know what "proof" is? How will you introduce your evidence to the Court? You are going to have to learn the rules of evidence. I love pro se litigants on the opposite side. I can do all kinds of things that no attorney would allow me to get away with.

Go get a lawyer. Of course, if you can afford a lawyer, you probably would have just paid your debt.

Pro Se is Latin for I am about to lose in spectacular fashion.

TD

 

[prose14]

All what documents? Do you even know what "proof" is? How will you introduce your evidence to the Court? You are going to have to learn the rules of evidence. I love pro se litigants on the opposite side. I can do all kinds of things that no attorney would allow me to get away with.

Go get a lawyer. Of course, if you can afford a lawyer, you probably would have just paid your debt.

Pro Se is Latin for I am about to lose in spectacular fashion.

TD

The complaint reflects what they have from the original creditor (Assignment) so I will be starting there. Copy of the Assignment and purchase agreement. An Assignment that shows all the accounts that were purchased to make sure that my account was in the bundle purchased. I will ask for an signed Affidavit from from the original creditor showing true and correct. A contract that shows the Plaintiff can legally collect on the debt and current state licensure to do so. I will also be including the process of record keeping for original and current but still researching that portion. Signed credit application, showing all terms, any modifications, all statements from the beginning of the account to the end, details of all charges, date and type, all payments received. How they arrived at the amount on the Complaint. All communication to me from them, including the one that reflects and introduces them as the new owner of the debt and as the Assignee. As for introducing this as evidence, if they provide it to me I take it to the Clerk of Court and have all the documents I will present stamped as Exhibits and share it with the Plaintiff's Attorney.


I am scheduled to take a class focused Pro Se rules and procedure that is offered at the Clerk of Court. I also am checking if there are similar cases on the calendar so I can go and watch the proceedings. It may help, it may not, but worth attending. Knoweledge is power so if you would like to take the time to offer any advice or constructive criticism here it would be appreciated. If you just want to post that I am going to lose in spectacular fashion and what you love to do to people in court then please keep scrolling. Thank you.

 

[TigerD]

The complaint reflects what they have from the original creditor (Assignment) so I will be starting there.

Okay lets:

Copy of the Assignment and purchase agreement. An Assignment that shows all the accounts that were purchased to make sure that my account was in the bundle purchased.

Assuming you get this, which you very realistically may not, what are you going to do with it? How are you going to get it in? Answer is: You are not. All you are doing is alerting them that you intend to make this an issue and they will have it ready to offer themselves - again you don't know what you need to do in court.

I will ask for an signed Affidavit from from the original creditor showing true and correct.

And how are you going to ask the original credit to do that? Politely? Who, exactly, at the OC are you planning to ask? They lost money on you, why should they do anything for you? Then you have the same problem: What are you going to do with that? How are you going to use it and how are you going to get it into evidence and to what purpose? Hint: You are working to prove their case, which is typical of pro se's.

A contract that shows the Plaintiff can legally collect on the debt and current state licensure to do so.

Relevance? And think this through. You want to present a contract showing they can sue you. How does that help your case?

I will also be including the process of record keeping for original and current but still researching that portion. Signed credit application, showing all terms, any modifications, all statements from the beginning of the account to the end, details of all charges, date and type, all payments received. How they arrived at the amount on the Complaint. All communication to me from them, including the one that reflects and introduces them as the new owner of the debt and as the Assignee. As for introducing this as evidence, if they provide it to me I take it to the Clerk of Court and have all the documents I will present stamped as Exhibits and share it with the Plaintiff's Attorney.

1. You are not going to get any of that.
2. If you did, they might let it in as you have just proven their case for them. It is no longer a question of if you owe the debt, but rather how much you owe.
3. And finally, if you did that, you still would not get any of that into evidence unless their attorney either sucks or is playing with you like a cat with a mouse.

I am scheduled to take a class focused Pro Se rules and procedure that is offered at the Clerk of Court. I also am checking if there are similar cases on the calendar so I can go and watch the proceedings. It may help, it may not, but worth attending. Knoweledge is power so if you would like to take the time to offer any advice or constructive criticism here it would be appreciated. If you just want to post that I am going to lose in spectacular fashion and what you love to do to people in court then please keep scrolling. Thank you.

Hire an attorney or go to law school. You are not going to be successful against an attorney with the knowledge base you have shared.

TD

 

[quincy]

Based on the attached statement I have no way of telling if it is the account that I had years ago or nothing showing how they arrived at the total amount.

You say you had an account "years ago" with the creditor named in the lawsuit. Have you checked to see if you have a statute of limitations defense?

Using this defense means that you accept that you had an account with a balance owing but Portfolio Recovery did not file suit against you in the required timely fashion.

If you saved old receipts from the credit card or copies of old credit reports showing the original account and the date of default on the debt, you potentially could get the suit dismissed or get a decision in your favor.

Portfolio Recovery is known for purchasing very old debts that the original creditor has charged off. They are a company known for not playing by the rules in the debt-collection game. Whether they are playing fairly or not in your case requires research best done by an attorney in your area who knows what to look for.

As a note: Tiger D is an attorney and a former debt collector so he understands completely what your challenges as a pro se will be in court when up against Portfolio Recovery and its experienced attorneys. Your odds of success are not at all great unless you have your own experienced attorney working for you.

 

[prose14]

Okay lets:

Assuming you get this, which you very realistically may not, what are you going to do with it? How are you going to get it in? Answer is: You are not. All you are doing is alerting them that you intend to make this an issue and they will have it ready to offer themselves - again you don't know what you need to do in court.


And how are you going to ask the original credit to do that? Politely? Who, exactly, at the OC are you planning to ask? They lost money on you, why should they do anything for you? Then you have the same problem: What are you going to do with that? How are you going to use it and how are you going to get it into evidence and to what purpose? Hint: You are working to prove their case, which is typical of pro se's.



Relevance? And think this through. You want to present a contract showing they can sue you. How does that help your case?


1. You are not going to get any of that.
2. If you did, they might let it in as you have just proven their case for them. It is no longer a question of if you owe the debt, but rather how much you owe.
3. And finally, if you did that, you still would not get any of that into evidence unless their attorney either sucks or is playing with you like a cat with a mouse.


Hire an attorney or go to law school. You are not going to be successful against an attorney with the knowledge base you have shared.

TD

Thank you for taking the time to respond here, this is exactly what I was looking for when joining this forum. Advice. Be well.

 

[prose14]

You say you had an account "years ago" with the creditor named in the lawsuit. Have you checked to see if you have a statute of limitations defense?

Using this defense means that you accept that you had an account with a balance owing but Portfolio Recovery did not file suit against you in the required timely fashion.

If you saved old receipts from the credit card or copies of old credit reports showing the original account and the date of default on the debt, you potentially could get the suit dismissed or get a decision in your favor.

Portfolio Recovery is known for purchasing very old debts that the original creditor has charged off. They are a company known for not playing by the rules in the debt-collection game. Whether they are playing fairly or not in your case requires research best done by an attorney in your area who knows what to look for.

As a note: Tiger D is an attorney and a former debt collector so he understands completely what your challenges as a pro se will be in court when up against Portfolio Recovery and its experienced attorneys. Your odds of success are not at all great unless you have your own experienced attorney working for you.

Thank you Quincy, appreciate this. I did pull my annual report with all 3 bureaus and will double check the dates of everything. Like stated prior, one account with this merchant paid and satisfied, the defaulted one just shown as charged off. Portfolio is not found within the reports. I am just starting to dive into exxemptions from judgements in FL and it looks like many of the laws apply and work in my favor here. Thanks again, appreciate the direction.

 

[quincy]

Thank you Quincy, appreciate this. I did pull my annual report with all 3 bureaus and will double check the dates of everything. Like stated prior, one account with this merchant paid and satisfied, the defaulted one just shown as charged off. Portfolio is not found within the reports. I am just starting to diive into exxemptions from judgements in FL and it looks like many of the laws apply and work in my favor here. Thanks again, appreciate the direction.

You're welcome, prose14. We all appreciate the thanks.

Good luck.