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Impress last won the day on July 3 2019

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  1. I'm no expert but I would say the judge was wrong in this case. Looking up case law involving arbitration and credit cards, I'm sure there are some fairly recent ones that will back up your position. This is so you can argue why the judge should grant your motion. google scholar is a good start. If PRA's lawyers don't show up next time, ask the judge to dismiss the case with prejudice. Baring that, ask that your motion be granted since they are not there to argue against it, and have provided no reason why they weren't. It is unfair to you if the judge keeps rescheduling, and I'm p
  2. I did a quick search on montgomery county courts and didn't see one. So I really can't say. Maybe contact the courts or search on the Justice's pages?
  3. Justice Courts have jurisdiction for any civil matter under 20K in Texas. They would be different than County or District Courts and have different rules (the 500 rules) that govern them under the Texas Rules of Civil Procedure.
  4. Came across this. Apparently Texas has decided to add social media as a form of service. Here is the Twitter thread about it. .@SupremeCourt_TX  amends Texas Rules of Civil Procedure to allow for service via social media: From the thread here is how the updated rule will read. New Service Rule
  5. Arbitration is a strategy also. OC was Synchrocy which I've read has the best arbitration agreement. Get a copy if you don't have one already and read @fisthardcheese's thread on arbitration here.
  6. Arbitration should still be an option for you. Does your arbitration clause say small claims or small claims court? Texas no longer has small claims court which you can argue if the other side objects. Btw, Texas requires service be in person or by registered mail, unless given special permission by the court. Since you filed an answer, you can't challenge this based on proper service. Just wanted you to know for future reference.
  7. In Texas and yeah I hope it's successful too. :) No you do not mention the exception. Let the other side bring that up. You just need to prepare your argument for why it wouldn't apply in case they do. If they authorized it, then yes you can email them. You can also e-file and have them e-served that way. You just need to provide their email and stuff if they haven't already included it. If I'm not mistaken, it's typically whatever agreement was in place at the time of default. However, there are some agreements that state the one you were given at the time of opening y
  8. Yes, file your answer with the general denial and affirmative defense. Then file your motion. The court isn't going to automatically dismiss based on what you said. Judges robo sign all the time. All they need to see is an affidavit and a bill of sale. You would have to go to trial and argue their docs aren't enough to prove their debt. They may have more they haven't provided you. Arbitration is really the best defense here. Just so you have an example, I recently had a case where all that was presented was an affidavit, a bill of sale, and a credit card statement. I pointed out t
  9. And I think this is going to be open to interpretation by the presiding judge. I believe there was a post on here about the judge ruling that JP court was small claims so the provision didn't apply. However, I have asked a JP judge and he said he would agree that since the smalls claims courts were abolished in 2013, the small claims court provision wouldn't apply. Still worth trying for it. If nothing else, it's grounds for an appeal (if the judge denies) to see what the Texas Supreme court rules. So small claims is $10,000 now. But as an FYI, when Small Claims courts were still
  10. The rules for the courts can be found here: Texas Courts the rules of civil procedure tell you everything. It's a lot. If you are in Justice Court you need the 500 rules. You only need to attach the cc agreement to your MTC for arbitration not your answer. As @texasrocker said, you need to submit your general denial. Here is @fisthardcheese 's arbitration thread. It's full of good information you will need if you are planning on arbitration. BTW: I'm fairly certain that leaving it on your door is NOT legal service without special permission from the court. Not
  11. Hi all, I've been trying to find a straight answer on the net, but so far no luck. I'm trying to find out a timeline for the appeals process. I have already perfected my appeal. When I search for my case online it shows status as Appeal. I know the next thing I need to do is file a Civil Docketing Statement, but having looked it over, it needs me to put in the appeals case number so I haven't done this yet. I guess my question is really, how long does it typically take for the appeals court to assign a case number? I perfected my appeal in the first quarter of this year, but also kn
  12. I know nothing about NY law. However, there are some arbitration clauses that state arbitration can be invoked anytime prior to final judgement.
  13. There are arb clauses that specifically state that arbitration can be invoked anytime prior to final judgement. However, I was under the impression OP hadn't engaged in discovery and wasn't planning on asking for any. So wouldn't she/he be able to at least try for arbitration? And if it didn't work out, ask for a discovery and a continuance to conduct it?
  14. As @texasrockersaid, you will lose if you are unprepared at trial. Asking to look at the documents the day of trial makes no sense. That is why you ask for discovery. You want to see what they have so you can be prepared. Try the arbitration route. Here is the link to the arb thread. You lose nothing but a bit of time.
  15. The civil remedies code says you can dispute within 10 days.