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About MysticRhythm

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  1. Thanks very much all for your input, I appreciate the help immensely!
  2. I agree, I was not expecting this response at all. When I filed my answer with the court, I asked the clerk if we needed to set a date for my Motion to be heard, and she said no, to just wait until the hearing date that had already been set for September for it to be heard. So I guess I need to just go then and argue my case that I did not waive my right to Arbitrate, that I elected arbitration right after having been served, and that there has been no litigation to speak of like the plaintiff is arguing in their response?
  3. No, I've spent that year waiting to be served so I could file my answer and MTC. It took them forever to serve me, and used alternate service to do so, even though I'm a stay at home mom who's always home and I never had anyone come to my door nor any notice left until last month.
  4. Yes, my Affirmative Defense in my Answer was "Lack of Subject Matter Jurisdiction - the underlying contract contains a private arbitration clause which the Defendant has elected to exercise". I attached the credit card agreement to my answer as well.
  5. Ok, I filed my answer and my Motion to Compel a while back, and have just now recieved a response from the litigation lawyer. They are asking the court to deny my Motion to Compel by saying I have "waived my right to Arbitrate". Can anyone please advise?
  6. Actually I did do research, a year ago. In that time I've also had a severe downturn with my heath issues, two deaths in the family, and a couple other family issues so yes, it got put on the back burner due to other far more important things taking precedence. Also, I know exactly what I need to do. I simply asked for help locating a template for the answer I need to file with the court since I haven't been able to locate one for Texas. Thanks for your advice.
  7. I was finally served for this suit, almost a full year later! I'm overwhelmed by all the info here and wading through it all is making it even moreso to me. I know that I now need to file an answer to the court by filing an affirmative defense saying I want to privately arbitrate through JAMS. I can't seem to locate a template or example for this letter for Texas. Any kind souls out there who can point me in the right direction?
  8. Ok, so I was finally able to get copies of the papers. The letter that is referenced on the screenshot I attached in my first post is a letter from the court clerk to the attorney stating no service is on file and the case is still pending, and asking for an updated status or else the case will be set on the judge's dismissal docket. There is also a Declaration of Not Found filed with the court by the person charged with serving me the papers. I'm frankly angry because he states he attenpted contact at my home 11 times, and left a delivery notice each time. He also state my vehicle was parked outside on 6 of the occasions. First of all, I'm a stay at home mom, I have never had anyone come to my door regarding this. Second of all, I ONLY park in the garage, so saying my vehicle was outside is an absolute lie. Thirdly, he says he left a delivery notice each time. Again, an absolute lie! Since they have nothing on file stating I've been served and it's set for dismissal, should I just sit back and let it be dismissed at this point?
  9. Makes sense! Thanks for the warning, I'll have my sister get them for me then.
  10. I see. I did look at many other similar debt lawsuits at the same court and saw many instances where after the citation was returned unexecuted they did serve using an alternative process and it states so clearly. Mine has no such entries regarding alternative service like the others. Will still go get copies from the court for sure. Thank you very much for the link... There are several in my area. I will certainly do so.
  11. If so, then I never recieved that letter. I have been religiously watching my mail since August of last year for anything else related to this lawsuit. I do, and yes it does say that I am being sued but not by them. There is actually no date anywhere on the letter, but I recieved it in August of last year. Again, I have been on the lookout to be served, and have never seen anything. I recieved it via mail, yes. I did not have to sign for it, it was just in my mailbox with everything else. I would have thought that I need to be served in person, or the citation left with a household member, or left on my door, to be properly served. I guess not though. At this point I'm going to assume you are right, so I'll head to the court to get the copies of everything as you suggested. I'll take a look at everything and if I am considered to have been served correctly I'll proceed with filing an answer with the court, etc. I'll look into the possibily of the FDCPA violations as well. Thanks so much for your guidance, it's very much appreciated!
  12. Hello all. I posted in here last August looking for advice as I recieved a letter from a law firm saying I may be sued over a debt by Midland Funding here in Texas. I had not been served with any lawsuit papers yet, and was advised once I was I could request arbitration thru JAMS and then file a motion to compel arbitration with the court. I recently got a notice from the court notifying me that I have a hearing on this matter set for May. I have NEVER been served with any papers about the pending lawsuit though, so I never got to request arbitration. I'm very confused... Can someone advise me how to proceed? Also, I decided to look up the case on my county's court site... I've attached a copy of the steps that have been taken thru the court so far. It appears they tried to serve me but failed. How can I have a court date set without ever having been served?