PAGRN

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PAGRN last won the day on January 25 2017

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About PAGRN

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    Texas

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  1. How much is the alleged debt? Is that the only section that discusses arbitration? Isn't there another section that states you can arbitrate with JAMS, and they will pay the fees? Next you need to become familiar with Texas arbitration rules, and you need to make sure you elected arbitration with JAMS. (Not just arbitration). If the creditor was synchrony bank, the contract probably states they will pay the fees. When you sent the letter to Midland, did you state you wanted arbitration with JAMS, and did you ask them to pay the fees. http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.171.htm
  2. My case was dropped by PRA with the creditor Synchrony bank, using Arbitration. I am not a expert, but I will help if I can.
  3. @texasrocker was actually very helpful when I was served, and in panic mode. I also read many of his posts with other people. However, he did state he does not favor arbitration, and directed me to a few others that do.
  4. Hello Debtzapper, @debtzapperI spent quite a bit of time searching, and I couldn't find many people on this board that chose the arbitration route in Texas. Most of the people I found choosing arbitration were in other states. Do you find they are not choosing arbitration, or they do not win? It seems that Texas has good arbitration rules to support the Federal rules.
  5. @Brotherskeeper I think I would resubmit the MTC.
  6. Thank @CommoSGT!! I also thought it was unlikely they would file again. I think they are looking for quick judgments. I will keep all of my stuff, just in case.
  7. Hello @Harry Seaward & @shellieh98 & @fisthardcheese & @Brotherskeeper & @debtzapper I went to my hearing today, and was told they faxed in something today at 11:00 dismissing without prejudice. That means they can file it again, right? Do you think they would? Is there anything I can to try and prevent them from filing again? I have all of my stuff printed, and ready. I plan to keep the file, just in case.
  8. @debtzapper & @Brotherskeeper this really helps.
  9. @shellieh98 I did not file with JAMS yet. I contacted JAMS and received the forms. The GE agreement states they will pay the fees. JAMS told me to ask them for the fees. I sent a letter to PRA & attorney demanding arbitration with JAMS and requesting they pay the fees. In addition, I completed the forms. I have not heard from PRA or the attorney. I plan to bring the letter and forms to the hearing.
  10. Thank you so much for your help.
  11. Hello @Harry Seaward & @shellieh98 & @fisthardcheese & anyone else that is willing to help, I have an upcoming hearing in Texas against PRA. I requested arbitration in my answer which was filed in March (I did not file a motion @ that time, I only requested arbitration in the Answer). The hearing is set for this coming Thursday. The court clerk stated the hearing is to argue my case of arbitration. She stated to bring my supporting documentation. I did go ahead and file the MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION. I did not file that until this past Wednesday. I sent a certified copy to the PRA attorney. Is it going to make a difference that I waited so long to file the motion? Do I need to bring anything other than the cc contract and the JAMS form?? I found a contract on one of the federal cc database website websites listed. Is there anything specific I need to say in court. or not to say? In the JAMS form, for claims and relief sought by claimant I stated, "violations of state and federal consumer laws." Am I missing anything? Thank you so much for your help!
  12. Took @texasrocker advice. Answer is in & copy mailed to attorney. Had to drive through a tornado warning to get there, but I can breathe and sleep tonight. Then figure out the next step!! Thanks for all of your awesome support @texasrocker & others. It is really appreciated.
  13. @CCRP626 This is justice court. I found the texas arb code, and read all of that. I am not sure want it means by making application. Does just mean electing it like @texasrocker stated. He had stated to answer with a general denial, and state that I would like to elect arbitration in my answer. & to wait on the MTC, which is what I NOW plan to do. I wish Texas gave you more time to answer. I am overwhelmed trying to figure out how to answer. In a general denial, do I need to put an affirmative defense? In my case, what would you put as an affirmative defense?
  14. @CCRP626 @texasrocker @BV80 @fisthardcheese and anyone else that is willing to help, If I understand correctly, I should wait to file a MTC. Now file an answer ASAP, & state that I elect arbitration with PRA. Should I keep the quotes from the cc agreement. What is the best affirmative defense, and does that need to be in the answer? I revised my original answer below. I added that I send the letter to the lawyer, is that to much? I was going to attach the letter and cc agreement. Do you have an idea of how long it usually takes after you file the answer that I could possibly have to appear for anything in court? PLEASE HELP ORIGINAL PETITION ANSWER COMES NOW Defendant PAGRN appearing Pro Se in the original petition answer with Plaintiff Portfolio Recovery Associates and has elected Private Contractual Arbitration as per the terms of the card agreement that governs the alleged account listed in the complaint and defendant thereto states the following: 1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration with JAMS pursuant to the terms of the governing credit card agreement. 2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. 3. On or about March 1, 2016, Defendant sent Portfolio Recovery Associates LLC, by way of certified mail, a meet and confer letter with demand for arbitration with JAMS to Plaintiff. Request noted their attorney, xxxxx. (see Exhibit A, attached). (see Exhibit B, attached). 4. The parties are bound by the credit card Agreement. The Arbitration Agreement states among other things: (a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account. (b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE (c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination. (d) Governing Law for Arbitration. This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). 8. The Defendant elects arbitration with JAMS to settle this dispute. WHEREFORE, Premise considered, Defendant prays that the plaintiff take nothing in this case; and the defendant go hence without day and cost of said suit be taxed against plaintiff.
  15. @texasrocker So if I was to only elect arbitration, would I do something like this (below)? & include letter sent to lawyer & CC agreement. Would I still ask to dismiss, Or just a basic general denial, and state I have elected arbitration. I am so confused. How long do you usually have before your court date? ORIGINAL PETITION ANSWER AND MOTION DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW Defendant PAGRN appearing Pro Se in the original petition answer and has elected arbitration with JAMS with Plaintiff Portfolio Recovery Associates as per the terms of the card agreement that governs the alleged account listed in the complaint and defendant thereto states the following: 1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing credit card agreement, which takes away both sides litigation rights in court. 2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. 3. The parties are bound by the credit card Agreement. The Arbitration Agreement states among other things: (a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account. (b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE (c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination. (d) Governing Law for Arbitration. This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). 4. The Federal Arbitration Act (FAA) 9 USC, Section provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration 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 in equity for the revocation of any contract”. 6. The Defendant elects arbitration with JAMS to settle this dispute. (see Exhibit A, attached). (see Exhibit B, attached). WHEREFORE, Defendant moves this Honorable Court to dismiss Plaintiffs original petition due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS, as defendant has elected private contractual arbitration with Portfolio Recovery Associates pursuant to the credit card agreement.