PAGRN

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Everything posted by PAGRN

  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.
  16. @texasrocker I sent PRA lawyer a meet and confer letter demanding arbitration. Was told in Texas I did not have to, and maybe shouldn't have. The CC agreement also states to send a letter, so I hope this did not hurt anything. I need to file Answer ASAP. The lady @ the court house stated to put the answer and MTC on one, as follows. However, she is not a lawyer. What do you suggest? Should I change this and file an answer only. If so, do you have a sample of how to answer. Then file the MTC. If I did it that way how long should I wait to file the MTC. I know I need to attach an affidavit stating everything is to the best of my knowledge, and CC agreement. I initially was planning on attaching the letter(meet& confer) too. Not sure if I should attach the letter anymore. Am I missing anything? ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND 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 with the Motion to Compel Private Contractual Arbitration with Plaintiff Portfolio Recovery Associates as per the terms of the card agreement that governs the alleged account listed in the original petition 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. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of credit card agreement. (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). 5. 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 Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION 131 S. Ct. 1740 (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 , 561 U. S. ____, ____ (2010 (slip op., at 7. 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 principal 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. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceable as written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . " 8. The Defendant elects arbitration with Jams to settle this dispute. (see Exhibit C, attached). WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Portfolio Recovery Associates pursuant to the credit card a greement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.
  17. @BV80 In Texas, Do you know if it ok to answer with a MTC? or would I file the motion and basically put ORIGINAL PETITION ANSWER AND MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION....with the motion.
  18. @ anyone that knows or can Help & shellieh98 @debtzapper @texasrocker @TomnTex In Texas can you file a motion lieu of the answer. If so or not, could take out the part that states I deny, and still put ORIGINAL PETITION ANSWER AND MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION Also, I know I am probably making myself sound stupid, but I am not sure why asking for arbitration is the considered the opposite of answering and general denial. Is it just assumed that you are guilty if you are asking to arbitrate? I thought essentially an arbitrator could determine instead of a court. And one more question, does it help your case/motion to have the following included.......(and nothing goes into the blank lines, correct?) 5. The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION 131 S. Ct. 1740 (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 , 561 U. S. ____, ____ (2010 (slip op., at 6. 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 principal 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. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceable as written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . "
  19. @shellieh98 & @Happybluesky So you would answer first then file the motion? Would you do that the same day? Can you give me an example of what you would put in the answer?
  20. & I forgot the most important!! Thank you so much @shellieh98 for your feedback. I am overwhelmed trying to figure out the best route.
  21. Why wouldn't I want to deny? If I didn't deny & did it as a separate document, then what would I say? Would I answer and file the motion the same day?
  22. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out of time. I am not sure if I am worried to much about the little things. However, the original creditor was initially GE money. They changed their name to Synchrony (according to the website). I pulled up ALL of the agreements from the federal CC database. All of the agreements are the same, but the initial one (which was similar), which has what I think is a survivability clause. Not sure if I should use that first GE or the first synchrony statement. (Would I put one or both as an attachment) I think I should take out all of the formally known as & just put synchrony. If I do, should I use the synchrony agreement. So confused. In Texas, does the attorney have to respond before I file the motion? Do I include the Meet and Confer letter as an attachment? I know I have to include an affidavit stating everything is true to the best of my knowledge. Do I need to include a copy of the JAMS Demand form that goes to JAMS with the Motion? Or can I wait on that? That is holding me up, and I want to get this filed. ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW Defendant PAGRN appearing Pro Se for her the following original petition answer and Motion to Compel Private Contractual Arbitration with Synchrony bank (formally known as GE Money Bank) and as grounds 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 cardholder 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. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of both GE Money bank Credit Card agreement and Synchrony Bank Credit Card Agreement (see Exhibit A, attached). (see Exhibit B, attached). 4. The parties are bound by the Synchrony bank (formally known as GE Money bank) 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). 5. 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 C, attached). WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Synchrony Bank pursuant to the GE Money Bank Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.
  23. Do you mind me asking what the outcome of this case is? I am also in Texas. I was served by PRA. I send a Demand for Arbitration to the Attorney and PRA. I am in the Process of preparing the ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION. I have not heard from the attorney, and am running out of time. We only have 14 days to file the answer, so I need to get it in.
  24. Hello, Does anyone know where to find an older credit card agreement? Also, I am trying to file a motion to compel arbitration with JAMS. Do I need the credit card agreement from when the account that was originally opened with GE Money or when Synchrony took over in 2013? How could filing this motion to compel arbitration backfire on me? Is there a reason the judge would not approve it? I have found from my research, I need to attach both "a copy of the credit card agreement", and "notarized statement that the agreement is the correct one to the best of my knowledge" to the motion. I also need to send this certified mail to the PRA attorney. Do I send that before or after filing the answer/motion? And am I missing any steps. If anyone has any good copies of the motion, it would be greatly appreciated. I have been sued by Portfolio Recovery Associates LLC, PRA in the state of Texas for close to $1100.00, court cost, and all other relief to which plaintiff is entitled. I am in Texas, and I have 14 days to respond, and I have been spending the last few days researching as much as possible. & trying to learn from others mistakes. This account is still within the SOL. After researching for several days, I think the best thing to do is file a motion to compel arbitration. Facts listed on the original petition. State alleged account opened with Synchrony Bank August 2011, (Which was GE Money @ the time). They stated last payment was September, 2013. The credit card account was subsequently closed April 14, 2014. PRA took over the account February 2015. Being sued for: Count 1: Breach of contract Count 2: Account Stated No exhibits, no affidavits, no statements, nothing but the original petition and citation. Also, I found some wording for an ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION. Should I file that, or keep it simple and file just the ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION