TxCitiboy

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About TxCitiboy

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  1. Yes, the MTC was my answer in the case. So I guess, I'll just wait for the court date, get the court order, and then re-apply to AAA. If, at that point, they want to drop the suit, is that still an option. As in, can I then dismiss the case/application entirely? thanks!
  2. Portfolio Recovery Associates is suing on a junk debt bought from a Barclays Delaware credit card. I live in Texas. Served 5.27.20, filed answer with MTC 6.4.20. Credit agreement states usual arbitration stipulations, and I filed an answer that included an application to AAA as the mediator. The credit agreement specifies AAA as the arbitration handler, and stipulates that a full application including payment is sent to AAA at the time of filing a claim. Received an answer from AAA last week that they no longer mediate claims for PRA and that they would refund filing fee but the appl
  3. I saw your post on the general arbitration feed. You mentioned that Texas and Florida both have "very specific" steps that needed to be followed for a MTC to be granted. Do you know what those specific steps are? I have prepared an answer/mtc but I want to make sure it fits the bill as to what you're describing.

    1. Show previous comments  2 more
    2. Clydesmom

      Clydesmom

      Your answer should use private contractual arbitration in JAMS or AAA. That way they have a hard if not impossible time of claiming you waived your right by answering without it.

    3. TxCitiboy

      TxCitiboy

      So if I used the template,  adjusted to my agreement,  and use specific language that I've elected JAMS for private contractual arbitration,  then I should satisfy the specifics you were talking about? 

    4. Clydesmom
  4. Portfolio Recovery Associates in Dallas Texas, suing on debt from WebBank (Dell Preferred Account). Suit is in Johnson County Precinct 2, and attny is from Rausch Sturm. Amount is for $2,430 for debt less than 3 years old. I was served yesterday 9.17.19 at 8:00 pm Suing for breach of contract seeking damages for full amount I forget what all else I need to do. I will attach copies of the suit, and my documents for review. This will include a copy of the debt agreement. Here's my plan, based upon my reading and research on this site: 1. Initiate a JAMS claim, and notif
  5. General Question prior to preparation of an ANSWER. I'm sure it's of no real consequence, BUT since the date that the original service date was tried (January) and the delivery of the complaint last week, I have changed my name and moved. We bought a new house, but this address isn't recorded on the complaint, and we finally changed last names because we were married and adopted kids. In essence, the last name on the paperwork is not my last name anymore. Like I said, I'm sure this doesn't matter, but sometimes little things can be big things, and I wanted to make sure
  6. 1. Who is the named plaintiff in the suit? Capital One Bank 2. What is the name of the law firm handling the suit? Moss Law Firm (Lubbock Texas) 3. How much are you being sued for? $1,553.64 (Credit report says $1,621) 4. Who is the original creditor? If not the plaintiff? I cannot find another name listed, I think that the OC is the plaintiff. 5. How do you know you are being sued? Served on 5/4/19 6. How were you served? At home address during dinner on Saturday. 7. Was the service legal as
  7. @texasrocker. What do you think about arbitration? I keep seeing you prefer litigation and discovery, but is arbitration a valid way to continue? I received a second notice from PRA, but have not been sued...yet. I believe by the time I got the first letter and came here 15 days had passed making a debt validation too late to submit. I am preparing answers to fill out with final information if I'm actually served, and I've found your general letter of denial. Is there a way (is it wise) to include a motion to compel arbitration with the answer? Or is that something I should prepare as a plan B
  8. If I do have to answer a suit, I've read here the best thing to do is file an answer AND an MTC that way the case is dismissed with prejudice. Is that correct? What should my answer and/or MTC contain? I knowI'll need specifics from the actual suit, but what generalities will I need to include?
  9. Here's the only part of the agreement that mentioned small claims: We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. It is the intent of the parties to require Claims to be submitted to arbitration on an individual basis only I think this means they won't invoke arbitration if I bring a claim into small claims. Is that correct? So it sounds like I'll just wait, and if I get sued then I'll file an MTC?
  10. I live in Texas, and I am receiving mail from PRA regarding a balance they now own from Dell Financial Services (webbank) in the amount of $2430.22. The letter I just received says my account has been transferred to the litigation department, but no attorney has personally reviewed... After researching this site, I found the sections regarding arbitration. The original credit agreement for the dell preferred account does contain an arbitration clause. No suit has been filed, I've not been served, it's just a letter right now. I've never made contact, answered phone calls, or