HulkHogan'sHeroes

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About HulkHogan'sHeroes

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  1. Yep, it's still a gamble, but I feel like a have a solid case for the MTC. I'm pretty nervous about the hearing since the judge will be deciding about both. I need to convince him pretty quickly and solidly to grant the MTC, but then I also need to have a solid defense prepared for the MSJ in case he refuses and moves on to the MSJ. I'm not sure how to prepare for the MSJ. In their emailed docs, they sent a couple of old credit card statements, a "bill of sale" that says they bought three lots of debts from Citibank on a certain date and an "Affidavit of Claim" from some random Cavalry employee. The Affidavit was clearly made for the purpose of litigation so I plan to object to it as "hearsay." I'm not sure how a hearing differs from trial though.
  2. Just to be clear, when they emailed me all their documents including the card agreement, they also emailed a copy of the MSJ, which was the first time I saw or heard about that either.
  3. I told the judge at the pre-trial hearing that I didn't know about the debt. He told the plaintiff to email me all their relevant documents within 2 weeks, which is when I got the card agreement. They included it in their documents and in their MSJ. These two sections are in the arbitration provision: "At any time, you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such claims are part of a lawsuit, unless a trial has begun, or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular claims, that party can still require arbitration at a later time or in connection with any other claims." It also says, "Any questions about whether claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced."
  4. My defense is that as soon as I was presented with the card agreement showing the option to arbitrate, I went for that option. If they had presented the card agreement (they included no documentation at all) with their initial petition, I would have opted for arbitration at that point.
  5. That's where it's kinda weird. A hearing for the MSJ is scheduled for March 5th, but it also still shows the non-jury trial scheduled for April 9th. Does a hearing count as trial? Also, in response to my MTC, a comment was added to the case that says, PER JUDGE TO ADDRESS AT SUMMARY DISPOSTION HEARING" so I guess the judge is planning to decide about both the MSJ and the MTC at the same hearing and is leaving the trial scheduled just in case.
  6. No, I wasn't aware of it until the email. I got service of it in the mail a few days later. I haven't filed a response to it. Unfortunately, the hearing for the MSJ is only 5 days away so I'm not sure if I have the option now or if I just need to bring an answer with me. Online, it shows a hearing for the MSJ is on March 5th but the non-jury trial still shows up as scheduled for April 9th. In response to my MTC, it just says, "PER JUDGE TO ADDRESS AT SUMMARY DISPOSTION HEARING"
  7. Hey everybody, sorry I disappeared. I attached the card agreement and fact sheet. It is from 2013 and it does have the small claims court exception but I agree that that shouldn't count for justice court. Fact sheet and card agreement.pdf
  8. I am attempting to delete this post for personal reasons.
  9. Ok, I have a question. The lawsuit was filed before the SOL ran out (barely). If the MTC is granted, the arbitration will begin after the SOL ran out. Does that matter or help me out in any way?
  10. Thank you so much! I don't have any specific questions but I'm sure I will soon. I am in Texas and being sued by Cavalry. assignee of Citibank. I have already answered the lawsuit and had a pre-trial hearing. At the pre-trial hearing, their lawyer agreed to send me all of their documents on the account by email. Their lawyer emailed me an affidavit, an old statement from the account, a bill of sale and a card agreement. The card agreement has an arbitration provision. I am trying to prepare a letter of intent to arbitrate, an MTC and the JAMS application to mail all at the same time.