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By texasrocker · Posted
Someone needs to put a leash on you. Did you read the rules (OP's state and court) before advising this person? I would like to get this verified with @fisthardcheese but one of the few things I know about arbitration is that in most jurisdictions once you have sent discovery it renders arbitration null and void. If you did indeed research this and it is proper for this OP then I apologize but given your recent antics in Texas threads and as many times as I have "overheard" on this board that one cannot file for arbitration after having started litigating a case I seriously doubt this is sound advice. -
Ok I missed that I need to redo thanks -
By texasrocker · Posted
You really are a piece of work- first you want Texans to believe that a Texas JP court is also known as a small claims court and to top that off since JP courts are the lowest court it automatically makes them a small claims court. If you would simply take heed of the applicable TRCP and the links that I provided in @Ktig's thread you could see for yourself before running amok with more conjecture and assumptions that will sooner than later lead someone astray. In Texas district courts are at about the middle in the hierarchy. JP and municipal courts are the bottom level, then County, then District, then Court of Appeals, and finally state Supreme Court and Court of Criminal Appeals equally share the top level. Stop obsessing over the small claims clause. As I told you earlier it is so rarely even brought up in court there is very little chance that it will even matter. -
By texasrocker · Posted
That is my point exactly and the basis of my defense. No one can deny that the alleged account is governed by the card member agreement. Scrutinize every word in the agreement to form your defense. These agreements are not written specific to each or any state in particular; they are in general to all locations. I doubt that many other states, if any at all, have such wording in their rules giving you this opportunity. Who knows- perhaps whomever wrote the agreement may have construed it when small claims courts truly existed in Texas. -
By texasrocker · Posted
Absolutely not! Never open up a can of worms that could ultimately turn the tables against you and help out the opposition. Nowhere in the TRCP does it state that JP courts are also known as small claims courts. It only says that small claims cases are now governed by Rules 500-507. JP courts and small claims courts co-existed before the changes were made in 2013. Once again, small claims courts were abolished. Small claims cases that were previously heard in small claims courts are now handled in JP courts. Anyone can design and publish a website containing anything on it that they so desire; that does not mean it is necessarily factual or that their opinions are derived from any official source. This is not the only dilemma that has risen from the "new rules" enacted in 2013. There have been major problems a few times with judges denying the defendant's right to begin discovery. Now if you are sued in a JP court you must first obtain the court's approval to begin discovery.
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