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PAGRN last won the day on January 25 2017

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  1. Being sued by PRA in Tarrant County Texas.  Pre-Trial Mediation.  PLEASE HELP

    Here's the situation:

    I was served and after doing some research, I filed an answer letter.  I received a letter in the mail about a pre-trial mediation.  I attended but was unprepared because I didn't know what I was in for.  I requested a continence and the judge granted it.  I go to court on the 5th, which is in 6 days.  I've done a LOT of research, but I just would like some advice on my current plan.  I don't want to agree to any kind of mediation for fear that it will inadvertently admit that the debt is mine, and my main defense is the burden of proof that they will have to provide.  To my understanding, to prove that the debt is not only mine, but is the correct amount, they will need all the paperwork of every payment in the chain of documents.  

    My plan thus far is to make a motion of discovery.  See what ammo they have against me.  My questions: 

    1)Is that an admittance that can be used against me if we go to trial?

    2)I have some old documents regarding this CC debt, but obviously if I'm fighting it on the basis of them having to prove it, what do you think the pro's con's of revealing that.(I know that question might seem stupid, but I'm trying to get an idea of all aspects and scenarios)

    3)Should I just flat out refuse arbitration and go to trial?  When I was served, they provided no copies of any kind of CC agreement or any kind of supporting documentation

    4)I've been reading something about arbitration through "JAMS".  Would that be a good route?


    Thank you so much for any help you can provide.  

  2. 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.
  3. 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.
  4. @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.
  5. 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.
  6. @Brotherskeeper I think I would resubmit the MTC.
  7. 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.
  8. 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.
  9. @debtzapper & @Brotherskeeper this really helps.
  10. @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.
  11. Thank you so much for your help.
  12. 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!
  13. 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.
  14. @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?
  15. @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.