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  2. I will give it a shot. See what happens. Credit one has that wording of small claims exemption in the agreement but could be possible maybe somewhere else in it that its contradicted. My little brother is in law school but can't give any advice. All he told me was to "follow my gut" and that if he was licensed he would be all over it.
  3. Today
  4. I think it is always worth a shot. If you know service was improper, then I would file a motion to dismiss along with my affidavit testifying to how service was incorrect. But I would also have at least my answer ready to file immediately if my MTD fails. They will probably simply re-serve you as soon as they can, but it can buy an extra few weeks if you need it.
  5. If I recall correctly, it has been determined in previous cases that TX Justice court is not "small claims". @texasrocker probably knows about that. Otherwise it all depends on your card agreement. If it has arbitration in it, then yes, that is always your "affirmative defense" in your answer with an MTC to follow.
  6. I'm in the same boat as the OP of this thread but lesser amount and different part of Texas. So I should file the general denial using arbitration as the affirmative defense and then file a separate motion to compel arbitration? What the OP and I both potentially face are the "exceptions" in the agreement regarding individual claims in court. But i know that would be for the JDB to raise, to make it an issue.
  7. The rules for the courts can be found here: Texas Courts the rules of civil procedure tell you everything. It's a lot. If you are in Justice Court you need the 500 rules. You only need to attach the cc agreement to your MTC for arbitration not your answer. As @texasrocker said, you need to submit your general denial. Here is @fisthardcheese 's arbitration thread. It's full of good information you will need if you are planning on arbitration. BTW: I'm fairly certain that leaving it on your door is NOT legal service without special permission from the court. Not sure it's worth challenging it though.
  8. I can’t help you with arbitration but look through my posts on the forums here to find my general denial. I just relocated to another state and my desktop computer with all of my legal notes and info on it are packed away deep in the abyss of a storage unit until I close on my new home hopefully by the end of this month. I am on my old laptop now with very few online things on it besides my I-phone jailbreaking tools. @fisthardcheese will soon see this and magically appear to walk you through the arbitration process. C’mon? Moi? Show me proof that any state has a statute stating that private contractual arbitration on a debt collection case can be forbidden solely because the defendant had already filed an answer to the lawsuit and I will send you a $100 bill. Use your brain- If you file said “MTC” in your state it is not in lieu of an answer, it is your answer.
  9. @pulpfiction0 I will continue with my research on the rules for Texas. Also, thank you very very much. I will start typing my answer and attached the credit card agreement. I really appreciate it.
  10. @texasrocker thank you very much. Do you have any advice or help that you can offer? It would be most appreciated.
  11. Yesterday
  12. The search feature in the forums is helpful. I'd use it to further research arb in TX. This is the template I use: 1. On or about xx/xx/xxxx, Plaintiff filed its case against Defendant. 2. Defendant moves this court to compel Private Arbitration in accordance to the Terms and Conditions of the Credit Card Agreement (see Exhibit A, attached). 3. In a letter to Plaintiff’s attorneys dated xx/xx/xxxx, Defendant informed Plaintiff of its intent to exercise the Arbitration Clause contained in said Agreement (see Exhibit B, attached.) 4. The parties are bound by the Credit Card Agreement. The Agreement states, in part, (a) You or we may elect to resolve any claim by individual arbitration. (b) If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim (c) You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered (d) Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement 5. The Federal Arbitration Act (“FAA”), USC 9, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration to settle a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or equity for the revocation of any contract.” 6. The Supreme Court ruling AT&T Mobility V. Concepcion 563 U.S. 333 (2011) states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. “We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone, supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West Inc. v. Jackson, 551 U.S. 63 (2010) (slip op. at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc v. Cardegna, 546 U.S. 440, 443 (2006), and enforce them according to their terms, Volt Information Sciences, Inc v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 478 (1989).” Furthermore, “The “principle purpose” of the FAA is to “ensure that private arbitration agreements are enforced according to their terms.” Volt, 489 U.S., at 478; see also Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp, 559 US 662, 130 (2010) (slip op. at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the savings clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement…” 7. The Defendant elects arbitration via JAMS to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted, (Your name) Defendant, Pro Se
  13. Oh. Justice Court. So essentially you're saying to use the defense that justice court isn't small claims court?
  14. Abolished? I'm confused now. So you're saying they can. Or cannot sue in small claims court for the debt?
  15. Hence my disclaimer about not residing in Texas, as well as every state having their own nuances of civil procedure. In my state, a MTC in lieu of an Answer is fine. I was simply offering OP general advice. C'mon.
  16. You are dead wrong. One must file an answer by the stated deadline in the court papers being served upon them in any state whether or not they elect to use arbitration or to fight the case in court. In some states including Texas participating in discovery will render arbitration null and void but at the very least a general denial must be filed as soon as possible to avoid a default judgment.
  17. @pulpfiction0 thank you very much. No, I do not have the template. Do you know where I can find it? I appreciate your help. I was about to give up on anyone answering.
  18. A man came to my house to serve me a summons from Midland (debt collector) and did not ring the doorbell or knock. My dog started barking at the door & I thought it was my son coming home so I went & looked out the window & saw a stack of papers on my walkway. I opened the door & saw a man getting into his car. He saw me too & sped off. Is this legal? Is there a course of action I can take against them?
  19. You need to file a Motion to Compel Arbitration. Do you have a copy of the template? Stranger things in life have happened, but I can't see any way LVNV follows you into arb. Especially not for a relatively low balance account. 1st step is to get your MTC granted. Insist that the other party initiates. Disclaimer: Not an attorney. Not a Texas resident. Every state has their own nuances of civil procedure. Hopefully someone with experience in the particularities of TX can chime in. You'll want to know whether you can file a MTC in lieu of an Answer, or in addition to one. In some states, filing an Answer is considered a waiver to arbitration.
  20. From the following thread I went to court, told the court of my intentions of filing arbitration, provided a copy of the contract. ( judge said I actually have a good argument) The plaintiffs lawyer was not ready in anyway for what I was presenting. In the end the judge said he would give the plaintiff 14 days to respond since the lawyer didn't know what they wanted him to do. Fast forward to today, I received a summary judgement, I did not receive anything about court dates or responses from the plaintiff or court. Was I not supposed to be informed of any future court dates? Located in Ky Thanks For any info!
  21. My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the Court and our motion to compel arbitration. We submitted her motion to compel arbitration to the Court on July 2, 2020, but we still have not heard anything from the Court. In the meantime, our demand for arbitration with JAMS has been approved and second-round sub has been sent a notice and an invoice for the deposit of $1750. My question is, should we submit to the Court our accepted demand for arbitration with JAMS as evidence to the Court in an attempt to get our motion to compel arbitration fulfilled?
  22. Small claims courts were abolished in Texas in 2013. We are not out to dispense any erratic information so please refrain from arguing with us as if we are working against you. We are here to help.
  23. Don't stress too much over it. This is in arbitration and not court, so there is no right or wrong format. The way I always did mine was to look up another case where a consumer sued someone for similar issues (FDCPA or TCPA violations) and looked at how their lawyer wrote their briefs. They all have the same basic outline or formula. You state who the parties are and how they fall under the statute you will be talking about. i.e. "PRA is a debt collector as described in 15 US 1692a(6)" And you are a consumer as described by 15 US 1692a(3). And then go on from there describing what they did and how each of those actions violated which section of the FDCPA or TCPA. Then you back up your claims that they violated those sections with those actions by citing cases where the judge ruled that those actions were in violation of those laws (case law).
  24. Well i am pretty sure there's a small claims exception in the arbitration agreement. So what have you got for that?
  25. ps..both lawyer and i marked arbitration and judge trial but no arbitration was commented on at cmc and just got letter saying it will be a jury trial and we need to send fees in 10 days so i have to file another fee waiver for that too...
  26. target/td bank original creditor...patenaude & frank are doing that one...but now i have another issue...i am trying to find an answer to see if i can amend my answer to the lawsuit..that one i did a general denial and listed some affirmative defenses and i did say i wanted to leave open the possibility to raise more defenses should they come to light...i have found something i believe will stop this immediately...but not sure if i can amend the answer or not...and i would love to use it to file motion to dismiss but not sure if i can do that either...if i can and it works i will be SHOUTING it on here to let everyone know...i wanted to answer asap so when it came up i answered in a week but of course i have kept pecking around with different things that occur to me and i stumbled on this gem last week but have not been able to see a clear answer on amending or dismiss motion...
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