DO NOT DO THIS IF YOU DON"T UNDERSTAND THE CONTEXT. STUDY IT! Some may not like this approach because it involves going into their arena. I went in Sui Juris, under duress. They never asked me how I wanted to plead or if I wanted to offer testimony, take an oath. Using the Federal Reserve Publication, Modern Money Mechanics as "reasonable grounds", I sent a demand for adequate assurance performance per UCC 2-609 (1a) to SYNCRONY BANK. This demand included a conditional acceptance related to disclosure of material facts and consideration on the original contract. The conditional acceptance was the usual...if they answer they will implicate themselves as committing fraud. The law gives them 30 days to respond and as anyone can guess, they didn't. I sent a notification of a Justified, Demand Failure for not responding within 30 days and the contract is considered breached, "repudiation". UCC 2-609 (4). They sold the account 37 days later. I went through the usual dealing with PRA disputing and informing they were trying to collect on an unenforceable contract and they kept sending statement copies stating they investigated my dispute and examined all the paperwork and found I owed the debt. Conflict of interest, self examining claimed evidence that you will monetarily benefit from. Finally get to court and the judge seemed to think I was FOS until I explained how the banking and fractional reserve lending works. He was informed that all mortgages, loans, helocs, CC's and any other type of financing involving Promissory notes are fraud. The attorney for PRA was crickets. I had to keep repeating... This is the Law. It was more of educating the Judge by pointing out that if he borrowed 300k to mortgage his house the bank lent nothing, no consideration, and made 3M, fractional reserve lending, off his signature. He tried early on to say this had nothing to do with SYNCRONY because this was PRA. I said, if you buy a house with an outstanding tax debt the debt is now yours. When PRA bought the account the repudiated contract went with it. He took 3 days and reviewed the information and I was notified Judgement in my favor. I was never ignorant or rude. God says be as wise as a serpent and gentle as a dove. I accomplished what I wanted. Respectfully, beat them with their own stick. Educate the Judge and now in his mind a president has been set for any debt collection suit coming in front of him he should side anytime he can with the people. I've filed suit for harassment, deceptive collection practices, they violated a federal court order, and drug me into court when they were informed the contract was unenforceable without doing a proper investigation. It goes before the same judge. Federal Order violated was Stipulated Final Judgement Order against PRA case# 2:23-cv-110 "Prohibitions" section 7 and "Affirmative Requirements" section 11. Everything was requested and they provided nothing. I will check back if anyone has questions. This is not legal advice, it just sharing a victory.
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I’d love to hear how this turned out.
I replied to a collections suit from PRA using their own documents that they claimed showed ‘ownership of debt’. They were full of fraudulent terminology and evidence. In my court response to the suit I pointed out everything that was wrong with their case and federal consumer laws they were violating. I also pointed out that Synchrony securitizes their credit accounts, so PRA could not possibly have ownership of debt. If they DID have ownership, please provide all of the intermediary exchanges (chain of title?) that proved their ownership. They would never be able to do that, because all PRA ever bought was information on a previous ‘account’. All documentation only reference the ‘Account’, and never a ‘debt’.
The judge asked me if I wanted this to go to jury trial, and I agreed. PRA dropped the suit in less than a month.
I should have counter-sued on the grounds of breaking federal law, but I’m not sure I have the fortitude to go into federal court without any backup or coaching. It took me FOREVER to write my Answers and Affirmative Defenses.
And, btw, I’m fairly certain the judge was well aware of the scam these companies are. She did not even bother to discuss details of my Answers and Defenses. She went straight to the threat of having to go to jury trial.