Impress

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Impress last won the day on July 3

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  1. So went to court today. Different attorney for plaintiff today. Is that normal? She began to present what she had (affidavit, bill of sale, etc.). I objected, reminding the court that they had not gotten discovery to me yet. After a bit of confusion, judge set new trial date for Feb and said we had to have discovery in by January.
  2. Ok, so I have court tomorrow (Dec.9), and I want to make sure I'm prepared for different possibilities. For example, if the other party doesn't show up, I know to ask for dismissal with prejudice (though I'm not sure how to do so exactly). I am still waiting for PRA to answer discovery. I know they have 30 days to get to me by law. I emailed them on Nov 19, so it's under 30 days.* Does anyone know if PRA might surprise me with it in court? If so, I can and should ask for a continuance, right? Or if they don't have discovery for me in court what are my options? I don't know if I can ask for sanctions since it's been under 30 days. I was wondering though if I can argue that even though it's been less than 30 days since the order was signed, PRA has had a copy of the discovery since Oct 21/22 since a copy was given to their local lawyer. Any other possibilities I should be aware of? *I don't know if it makes a difference, but the order was signed on Nov11 the court clerk just didn't upload until the 18 so I wasn't able to notify PRA until the 19.
  3. Ok, so judge has signed order granting discovery. Signed on the 11th but not uploaded till today. I know I have to let the other side know, but was wondering if there was any special way I should word it? Or will a simple, judge granted, here's order and another copy of discovery requests, do? Also, should I remind them of up coming trial date and request they have it to me by then or say nothing and see if they produce? Oh, court clerk uploaded copy of my description of events (them having 15 days and failing to object) along with order granting (same document). Do I need to include that with the order granting for the other side?
  4. So PRA/their lawyer never got me discovery objections. I called the court today and spoke with one of the clerks who said I need a Order of Discovery and a brief explanation of the situation and she will bring before the judge. The problem is I have no idea what and Order of Discovery is. My google-fu isn't turning up an example. Can someone provide or at least point me in the direction of one so I can get it to the court? Thanks all. ---------------------------------------------------- Update. This is what I came up with. Short and simple. Having considered Defendant’s Motion and finding good cause therefore, IT IS HEREBY ORDERED this _____ day of _________________, 2019 that Defendant’s Motion to Compel Discovery is ­­­­­­­­­­­­­­­­­­­­­­_____GRANTED _____DENIED
  5. So I realized that it's been two weeks since my mom filed her answer and MTC Arb, but it got me thinking. I know she's going to have to contact the courts to set a hearing date for her motion, but I started wondering if there is a particular window in which one does this. I'm not looking for rules per say, just curious what other people's rule of thumb is (for any motion, not just arbitration). For example, do you wait 30 days to give the other side time or call the next day after filing? Or somewhere in between?
  6. Hey, do what's best for you. If that means hiring a lawyer than go for it. Good luck with it. I'm sure it will work out for you to your satisfaction.
  7. Others here will chime in, but maybe first contact the lawyers and let them know MTC was approved, but you will be willing to do a mutual walk away with prejudice before you file with Jams. Also check your arb clause. Some of them state they (the credit company/JDB) will pay all fees or will pay your portion if you ask. This also gives you leverage.
  8. Congrats. Hopefully this will be over soon for you.
  9. Near as I can tell from reading the rules, you only have to make a reasonable effort to resolve the case. If you can't you include a certificate saying so and can file. 191.2 Conference. Parties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the case. All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. As far as refiling goes, as long as it was denied without prejudice, then you should be able to file again.
  10. I didn't file my questions. But I did take a copy, as @texasrocker suggested, when I went to the hearing in case the judge asked to see them. In my case he did. I think PRA has begun switching it up. In a previous case they had me dealing with RSIEH, but in this one PRA's in house attorney's have been the ones I've dealt with. Though a local lawyer showed up to the court room.
  11. glad you called @Ballerina72. I'm curious how PRA handles discovery in your case. I'm dealing with them in court right now, with a motion for discovery pending. Judge in my case gave them until yesterday to get me any objections to discovery requests and they failed to do so. I let the court know and am waiting for the judge to ok discovery. I know other threads here have mentioned PRA ignoring court ordered discovery.
  12. Are you sure? This is something I'm curious about and haven't found a solid answer on. If your case is dismissed, what does that do to your SOL? In Texas, SOL is 4 years for debt claim, and since you defaulted in 2011, your SOL should have been up in 2015. I know SOL is tolled when the case is active, but in the case of a dismissal, does it pick up from when the case was filed since dismissal essentially acts as though the case never happened?
  13. Congrats on getting it set aside.. Did you motion for a new trial or did they? If they did, I wonder if you can argue SOL has passed for this one. Yes, you have to ask permission in Justice Court to conduct discovery.
  14. You can file both the same day. You can also file online if you wish. Wait to be served, but have all your stuff ready to go so you can file your answer. In addition to the general denial you should include an affirmative defense if you are bring up arbitration. This is so no one can argue you didn't bring it up as a defense and waived your rights to it. Personal experience tells me PRA doen't really like arbitration so you should have leverage to ask for a dismissal with prejudice.