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Impress last won the day on July 3 2019

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  1. @Star26 I'm not an expert on how Texas would handle joint property. If you can afford it, hire an attorney to protect what's yours.
  2. @texasrocker OP states this is a joint property, even though OP is making payments. Wouldn't said property be at risk? Not from seizure but a lien until judgement is paid? @Star26 If your name is on the suit, then you have options. If not, I would consult a lawyer to see what, if anything, you need to do to protect your property. You can't answer for him because he will need to make all court appearances (unless he hires an attorney).
  3. @Brotherskeeper@BV80 *nods* I think the term I should be using is "choice of law". This website gives a good explanation. A quote from the article, law firm based in Alabama: More digging in the rabbit hole uncovered this website with regards to credit cards and choice of law. This blog from 2013, also notes choice of law can be used in Texas although it would involve filing a Motion of Judicial Notice. Also, from what I can tell, you would need to show the other states laws have more of a connection(?) to the case then Texas would. And prove that there is a diffe
  4. Thanks for the help. ***************************************************************************************** Anyone have an opinion on arguing forum selection? Since the clause states that Virginia law applies, the proper forum for this should be there no? Similar thinking to arbitration clauses. Because PRA stepped into the shoes of CapOne, they should be bound by Virginia law according to the agreement. Ironically, PRA is also headquartered in VA. Edited because I fell down a rabbit hole and am curious about opinions here. Plus, this may help others doing research in th
  5. @BV80 Those statutes fall under the Civil Practice and Remedies Code. TX Statues As for the payment, I want to say yes. My credit report shows this is due to fall of 10/23. So the payment in 2017 didn't bring it current.
  6. Hey all, I was sued by PRA for Cap One debt in February 2020. Gave general denial and filed motion for discovery. Because of Covid, nothing has happened yet. I’ve recently discovered what I think is Texas’s borrowing statute(s) and could use some advice on applying it/them to my case. From what little cases I have been able to dig up so far, it seems these are the two most referenced as Texas’s Borrowing Statute. Statute 71.003 & Statute 71.051. The credit card agreement in effect at the time of default, and at the time I opened the account, states the following.
  7. @BV80 Thanks for clarifying both things.
  8. As of (I believe) 2019, making a payment, or admitting to the debt, no longer resets the SOL in Texas. Default is calculated 30 days from the last time your account was actually current right? Example if I owed $100 in February but only paid $50 and didn't bring the account current in March or April, wouldn't my DOFD be February, since January was my last current month, or March? @mel7a8 Also, because of the pandemic, SOL might have been tolled, I believe it was in Texas, so the SOL might have been extended because of this. You can check your credit report to see if the OC for you
  9. So this is going to depend on the judge and whether the opposing attorney bothers to challenge the arb provision. Some courts will say the small claims was absorbed into Justice Court (which happened to me recently) and others would take your stance. @KeithM All JDBs (and the attorney's) are looking for an easy win. If you want to take a chance with the MTC to arb, I say go ahead. But also decide now on a couple of things. 1) How far are you willing to take this if you MTC is denied? 2) How much you feel comfortable settling for. PRA will work with you, from what I understand but
  10. It will go as fast as it will go. I was scheduled to have a motion hearing in August 2020 but it didn't take place until this month. Courts are backed up. Be patient.
  11. Read you agreement and see what it says about Arb. You may need to file the MTC for arb to get it moved out of court. Also, in the past, some JDBs have not paid fees for arbitration and places like JAMS may not take up the case without a court order. This also gives you leverage should they not pay the fees since you can go back to the court and show they did not do what they were supposed to.
  12. You want the one that was in effect when you defaulted. Check the date for when there last one was updated. If it's a recent update, go here and see if they have it.
  13. Hi all, As the title says, I have a hearing on my MTC Arb coming up next month. Since there is a carve-out, which reads "Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court." I know it will be a 50/50 whether the judges grants it. I've been doing research trying to find good arguments, but it doesn't appear as though anyone has taken this all the way to the Texas Supreme Court. I really don't want to be the first. So if anyone has any good arguments and/or case law I could reference, I would appreciate the
  14. What is the exact verbiage with regard to arbitration? Does it state once in court it can't be moved? Who is suing you? Is it Citi or a JDB? Also, what is SOL on this?
  15. Car dealers check rates and approvals with multiple sources. For example, Ford will check in house financing but might also check with chase, cap one...etc. They are trying to get you approved and with the best deal for them to get the sale. So you will have different inquires. However, if I'm not mistaken, the knock on your credit is the equivalent of one HP not however many you have since they were done at the same time.