"As to this case, I just got a notice my appeal court date is next month in District Court. This is a "Trial De Novo", ie, a brand new trial and I'm not sure how well I can navigate this pro se, but it's out of Jerry's geographic area and I'm not having much luck finding an attorney."
I not an attorney but navigate district court in VA. As texasrocker states there are rules and timelines which have to be followed. You seem very intelligent looking at your MTCs I would think you could handle this case and help your fellow Texans with a precedent case with the small claims issue. You will need a copy of the rules and if possible, the texas district court judge manual. Having a consumer attorney would be best if you can't find one your only choice is to handle this pro se. The arbitration portion should be easy for you since you have the MTC just need to be modified for district court. It's the discovery and trial where a local consumer attorney comes in real handy.
IMO ( I am not attorney)
Just my thought it's de novo, I don't see a drawback in refiling your MTC Arbitration in district court. See how the district court interprets how the small claims issue applies now that your case is in District Court. If Javitch tries to argue it again that it should still apply. You can argue your not in small claims court any more so the contract wording "as long as the matter stays in small claims court” applies. And also argue that you appeal to district court because the lower court applied the law incorrectly since Texas no longer has small claims court and the small claims court exclusion should not have applied that court should correct the error that occurred in Justice Court and award your MTC.
Even if it all goes to **** and your not granted your MTC you lost nothing by trying you can still do discovery after the MTC is denied. (gives you more time to find attorney to handle discovery and trial)
I would take another shot at it in both courts/cases. I would also file MTC against MCM then try to get a continuance based on your filing appeal in this matter on your Javitch case where said court ruled against your MTC. You are in the process of having a ruling in a precedent case with your appeal and the court should wait for that ruling. If they don't give you continuance and things work out with the MTC in appeal you have option to file for reconsideration base on your Javitch case or appeal the MCM case to district.
Does MCM have a small claims exclusion? reason why you elected trial by jury?
FYI, in the original case, I filed a Motion to Compel Arbitration and the judge granted it. However Javitch came back and had them vacate based on the "Small Claims" clause. I then lost in court. The judge seemed pretty uninterested that I didn't deny owing Citibank, but only that Cavalry hadn't proved they bought the debt. She kept referring to them as Citibank, as if they were the same entity. I have another case with Midland in her court next month. This time I requested a jury (figured I was going nowhere with her again).
As to this case, I just got a notice my appeal court date is next month in District Court. This is a "Trial De Novo", ie, a brand new trial and I'm not sure how well I can navigate this pro se, but it's out of Jerry's geographic area and I'm not having much luck finding an attorney.
So the question is, do I try discovery or now that it's out of small claims court, go for arbitration? The Plaintiff’s motion to vacate the previous arbitration order was based on the card agreement statement “Individual Claims filed in small claims court are not subject to arbitration, as long as the matter stays in small claims court” which obviously no longer applies?
Admit Plaintiff does not own the account:
Admit the Defendant does not owe 8K.
List all your witnesses by, name , employer, job position, location of home residence, and location of work address.
Request for production see this video
If they drop the ball and not respond you can then file a motion to dismiss as they admit they do not own account and you do not owe them anything.
All you really need to know is who they are bringing to trial. If it's going to be someone who can prove that they owe the debt or someone you can cross examine to show they don't meet the qualifications of your state corresponding rule to federal Rule 803. Exceptions to the Rule Against Hearsay.
You need to learn the rules of your court.
Hello all. This lawsuit is still open and it's not really going anywhere for sure not going good. I asked for arbitration judge denied it. I ask for reconsideration along with some new info showing discrepancies and contradictions in the complaint. Motion to reconsider MCA denied again. So now they have sent me another round second set of interrogatories, document production and more request for admission. I thought there was a limit on these? They are literally asking me the same stuff. I already sent them everything I have on the first round.
So I don't know why all this again. Since my arbitration got shot down. I am now preparing to send this discovery requests.
Anyone have tips on the best admission question? Their info is incomplete not accurate alledgedly involves changing account numbers and a balance I didn't run up. Also a original creditor i show isn't matching either. So many things. I am shocked the legal system allows such legal theories.