mquinton12345

Members
  • Content Count

    16
  • Joined

  • Last visited

Community Reputation

0 Neutral

About mquinton12345

  • Rank
    Member

Profile Fields

  • Location
    Texas

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Well, let me be the first to share the good news I received about half an hour ago. Email dated today: Mr. ----, I have attached the mutual release that was reviewed and approved by my client. Please sign and send back to me. We will then file a dismissal with prejudice with the court. Thanks. My reply: Mr. ----, Thank you for your diligence in this matter. You will find the signed document attached. I hope you have a pleasant rest of your day. Sincerely, The trade line deletion was also granted. I can attach the settlement agreement if you'd like to see it. Basically, it's all over! Mutual release with trade line deletion and a dismissal with prejudice! THANK YOU ALL SOOOOOOOOOOO MUCH! One last question: Is it still a good idea to show up to court tomorrow? I'm thinking I will just to be on the safe side.
  2. This was the e-mail reply from my "settlement" request: Mr. ----, Thanks for responding. Let me check with my client and see if they will approve that or not. So, I suppose we'll see. I'll let you know as I do. If nothing else happens, I'll post again on Tuesday after the hearing where I will be requesting the judge to rule on the MTC.
  3. No worries. Thank you for sharing your story, though. I'm glad it worked out for you. I don't think this would have worked here, to be honest. For those wondering about the quote, I have e-mail updates, and got one which detailed DHABTE's original successful challenge of--most likely--Asset Acceptance in Maryland.
  4. I'll send it out now as you suggest and keep you posted. Thank you!
  5. If I could prevail upon you once more, please let me know how the wording works here, then: Good Morning, Mr. ----, Thank you for following up with me in this matter, and I hope your holiday season was pleasant. In the interest of saving additional time and money for all parties, I would be amenable to mutual walk-away in this matter, preferably with a trade-line deletion. If this is untenable for you, then please let me know your counter-proposal. I look forward to your reply. Sincerely, Any suggestions would be appreciated! I'll send this out tomorrow after it's been reviewed. Thank you!
  6. Happy New Year, all! First of all, thank you again to everyone who's looked in and helped with the thread. I hope you all have had a wonderful holiday season. Due to a very hectic schedule, I am finally able to get back to business on this nonsense, and wanted to share with you a couple of e-mails that I received, both from the same person (another lawyer I've not heard of before, unrelated to the other lawyers I've dealt with other than the fact they're all from the same firm). First one from November 20th: Mr. ----, I was forwarded your file because you filed a motion for arbitration. I have already sent that to my client and they wanted me to reach out to you to see if we can get this case resolved prior to proceeding with such. Once I get involved in a case, I bill my clients hourly for my work and they would like to avoid that based on the small balance of your case. With that being said, what can we get done. Please let me know. Thanks. Then the second from today (01.09.2019): Mr. ----, I am following up to the below email I sent in November to see how you wanted to proceed. Please let us know. Thanks. Trial date is for next Tuesday, the 15th. I'm not exactly sure how to respond. Do I just offer to settle for zero with prejudice? I think that might get laughed at and/or shown to the judge to make me look bad. Should I just ignore it and show up on Tuesday, rolling the dice on the MTC? I feel like I should reply, even if only to say that I'm willing to let the judge decide on the MTC first. My continuing thanks is extended.
  7. Good Afternoon, all! I got back from court date today, and the judge granted the continuance. New date: January 15, 2019. I asked the clerk about the MTC and she told me that the judge didn't rule on it since the continuance was granted. I spoke to the lawyer for PRA to let her know my position: that I was only stipulating that I had a Walmart Card, and that I was wanting to resolve any dispute through arbitration as listed in the credit card agreement. I had sent the same information to PRA as I had the law firm, and showed her the agreement, the arbitration clause, and that according to said clause they--as the agent for Synchrony--were to pay for it. She nodded her head at this (so I guess this is assent?) and said she needed to wait until she heard back from PRA, and most likely we'd be back in January to sort out the MTC. I told her that was fine, and that she could reach out to me before then with any other information. I sent her the following e-mail: Good Afternoon, Ms. Addison: As per our conversation this morning, I am sending you this follow up e-mail so that you will have my e-mail address at the ready upon having heard back from PRA. Thank you again for your time. Sincerely, I asked the clerk if I needed to resubmit my MTC, and she said no, that it would sit there until January to be ruled on by the judge in the event we haven't worked things out by then. So, I guess I need to know if I'm just supposed to sit tight or what? I looked up relevant case law for Texas and wrote some cases down, so I'll keep that information handy for January. Thanks again as always to all of you who have followed this thread and offered advice and assistance!
  8. Well, I already did everything yesterday as I said because I didn't want to wait at all and risk anything. So, the court got both motions, the affidavit, and copies of everything (except for the original of the notary signed affidavit which I did provide to them). I kept two copies of everything for myself to bring on Monday if needed. Also, the closest attorney is in Dallas, so I did have to mail it to them as well. I did the whole Certified Mail so that I would ideally have proof that they received everything should the need arise in court, especially since the only actual contact I've had with any attorney is via e-mail from one guy in Wisconsin. I don't know that they have a local attorney (unless this Garza guy is in Houston, but the address is Dallas, so I'm at a loss). Also, I didn't know I wasn't supposed to actually start with AAA. I figured I had better be able to show the court that I wasn't just stalling. I haven't laid any money out, yet. The agreement is structured so that if I ask them to pay--which I have--then they will. I communicated that to AAA via the initial submission and was told that they'd get back to me. My affidavit regarding the agreement (which I turned into the court with said agreement) is that it is an accurate agreement during 2014 & 2015 (it is from 09.14), so I know its right. Even Synchrony's most recent agreement has the same clause, and I guess I'll bring that one with me as well to show that Synchrony has maintained their stance on arbitration (again, if needed). If it's relevant, I can even bring up that I currently have Synchrony Bank credit accounts in good standing (which is true: I have at least three). I will also re-read your link as well. If you can think of anything else based on this reply, please don't hesitate to let me know, and I'll make sure to bring up any questions I have regarding the link as well. Thank you so very much--all of you--for your insight and expertise! No matter what, I'll keep you updated. Right now, it seems that all I can do is study up and get ready for Monday, unless I somehow hear from the judge before then.
  9. Here is the affidavit as well. Redacted Texas General Affidavit.docx
  10. Is that a tag to bring it the thread to a user's attention?
  11. Okay, so here's what I'll be doing tomorrow: 1.) Sending off the letter Certified Mail. 2.) Notarizing an affidavit saying that I sent it (using a copy of the letter itself), as well as one saying that I have the 2014 Cardholder Agreement. (Relevant portion is the jpeg.) 3.) Filing both the continuance and the MTC with the court. I have already started the process with AAA as well. If anyone would be willing to look these over and see if they will pass muster, I'd greatly appreciate it. Also, any other advice will not go unnoticed nor unappreciated! My continued thanks to those who have taken the time to assist. Redacted Continuance.docx Redacted MTC Arbitration.docx Redacted Arbitration Letter.docx
  12. Ah; gotcha. Do you know where I can find examples of this? I am clearly not using the search engine on this site very well. Also, I checked the commonly used abbreviations and couldn't find 'MTC.' Googling it referenced 'Municipal Trial Court' but I don't think that's correct. So, regardless of which way I decide to go on Monday, can I file both the continuance and the other document (the arbitration or discovery)? My chief concern is that I don't want to file one and have it counteract the other so that the judge doesn't see what I'm trying to do. Thanks so much again for all the advice.
  13. Also, I'm looking for the MTC form, but I don't see it listed. Maybe I'm misunderstanding the acronym? I've included a screen shot from the court's website for downloadable forms that I can file.
  14. Thank you for the tip! Should I file both the MTC and the continuance and see what happens? Also, can I do that? What about the discovery? Should I file that also? I'll be doing it first thing Monday morning. Thanks again for all the advice.
  15. Thank you for the reply! Here is what I sent and this was the reply: SENT-- To Whom It May Concern: I am contacting you regarding your file number: 2968266. We have a pending trial date on Nov. 5. I have not received any information from you regarding my request for proof. However, I also do not wish to have a judgement against me. Please advise on a possible continuance in this matter, or failing that a settlement offer so that we do not waste the court's time. Thank you for your time and consideration. Sincerely, REPLY-- Good Afternoon, I would be agreeable to a continuance. However, should the court deny the request for a continuance, I would have to proceed forward with trial. What request for proof has been made? The only previous correspondence that I see in my file is an answer containing a general denial. My client is still open to settling this case. Did you have an offer I could take to my client for review? Regards, Given the e-mail chain I am wondering if I should try for the continuance and then the MTC, just the MTC, or what? The court was closed today, so I'll have to file on Monday regardless as I am tied up tomorrow. I have until Wednesday to file the continuance. I also noticed in another thread (about PRA here in TX) that they filed for discovery (Synchrony/Walmart was the OC in this instance as well), and the case was ultimately dismissed. Should I also try this? Should I try it regardless of the continuance? Thanks again for taking the time to answer these questions. This has been ridiculously stressful, especially considering my naivete to this point.