Cats_in_the_Cradle

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  1. Just curious at how many of you have been sued by Portfolio Recovery Associates (PRA) / Rausch Sturm Israel Enerson & Hornik (RSIEH) and how many TIMES you have been sued by them? I just received my THIRD lawsuit in 2018 from PRA/RSIEH. 1 of them I lost, 1 of them I fought on my own with MTC Arbitration and WON (they dismissed the suit with prejudice). Now I've got this 3rd one that they just sent to the process server last Friday to serve on me (unserved yet). I swear I am being targeted by them now. Anyone else feel this way? Also, my significant other was served by PRA/RSIEH about 2 we
  2. Thanks. What should I search for when looking for this Affidavit? I apologize for the question, just haven't been able to find the name of the Affidavit or what it needs to state about the cardholder agreement.
  3. If I left out the Affidavit when filing the MTC Arbitration, can I file it separately or should I just wait to produce the document at the Hearing? I didn't realize until after it was filed that I had left this out
  4. In my Arbitration Request Ltr to Plaintiff, I included a request for them to pay for the Arbitration as the cardholder agreement that applies to my suit says that they (OC not the JDB) will pay for my arbitration if I request it. Since JDB says they now own the contract, it means they have to pay the Arbitration fee, right? How do I get them to pay this to JAMS? ALSO, is there any reason where a Justice Court judge would deny my MTC Arbitration if I followed the rules of the arbitration agreement and the justice court rules for filing the MTC? Does the judge HAVE to approve the MTC?
  5. Thank you for helping me. How does this prayer look for the ending of my Answer? PRAYER WHEREFORE, Defendant prays that the Court dismiss any and all relief sought by Plaintiff, and any and other just an equitable relief this Court deems appropriate. Defendant respectfully requests that this Court order this case to private contractual arbitration per the credit agreement in this action.
  6. Also, should I put anything in my PRAYER about the Arbitration or my Motion to Compel Arbitration? If so, can someone help with the language? This is all I have so far: PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court deny any and all relief sought by Plaintiff, and enter a take-nothing judgment against Plaintiff. Defendant prays for general relief. WHEREFORE, Defendant respectfully requests that this Court dismiss this action with prejudice with Plaintiff to bear costs of all parties, and any and other just an equitable relief this Court deems appropri
  7. Here is my final list of Affirmative Defenses to use. Does this sound and look OK? AFFIRMATIVE DEFENSES Defendant further alleges the following defenses and affirmative defenses to the purported causes of action in Plaintiff’s Original Petition as follows: 1. Defendant asserts Lack of Standing afforded by Tex. R. Civ. P. 94. Plaintiff has not proven its legal basis of the account in question. Absent such clear ownership, Plaintiff cannot show that it has suffered an injury and is barred from seeking relief for damages. 2. Defendant asserts Arbit
  8. Should I be specific in my defense about listing "lack of subject matter jurisdiction" since it is not a matter for the Justice Court and instead Arbitration? I plan to file my Answer first and immediately follow it with my MTC Arbitration and Order for the judge to (hopefully sign). If the Judge Grant's the MTC, do I then contact AAA and pay the consumer filing fee for arbitration? I noticed it said it costs $1400 to file for Arbitration through their company, which is more than my entire lawsuit itsself.
  9. Yes, I understand that most of the defenses I initially listed will not stand. I modified my Answer and Defenses above. Attached is the Arbitration Agreement I have for Synchrony Bank specific to Sam's Club. Sam's Club Agmnt Arbitration.pdf
  10. LAWSUIT INFORMATION: 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm Israel Hornik in Dallas, TX 3. How much are you being sued for? $1121.52 4. Who is the original creditor? Synchrony Bank (Sam's Club) 5. How do you know you are being sued? Personally served 6. How were you served? (Mail, in person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if