Impress

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Impress last won the day on July 3 2019

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  1. 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
  2. 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.
  3. 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.
  4. 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 your account will be the one that governs your account, regardless of any updates made to the agreement.
  5. 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 the affidavit wasn't trustworthy and the bill of sale didn't have my info to prove it was my debt. I still lost. I'm currently in the appeals process. You choice, trial or arbitration. But don't assume what the judge will have to do. As for the agreement, just include the one closest to when you went into delinquency. If LNVN doesn't challenge it, then you are fine.
  6. 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 around, assignees were NOT allowed to file there. I believe LVNV is an assignee of the OC so they would have been in Justice Court anyway and the small claims court provision wouldn't apply.
  7. 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 sure it's worth challenging it though.
  8. 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 know that Covid has made things a whole lot wonky in the courts. Trying to stay on top of this, so any info helps. Thank you.
  9. I know nothing about NY law. However, there are some arbitration clauses that state arbitration can be invoked anytime prior to final judgement.
  10. 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?
  11. 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.
  12. The civil remedies code says you can dispute within 10 days. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm#154.022
  13. Thanks everyone. Y'all confirmed what I suspected, but I was still curious about opinions.
  14. Hope everyone is doing well. I was contacted by Plaintiff's lawyers on a pending case letting me know they received my answer and wanted to see what they could do to resolve this. I sent an email stating roughly given the uncertainty of everything I would be willing to accept a mutual walkaway with prejudice. Mind you, there is no arb option for this case so I figured it really wouldn't hurt. The worst they could say is no. But this got me wondering. Since we really have no idea how long it will be until we return to normal, what do you think the odds are of JDB being willing to do walkaways? Arb or not. For example, I have another case pending (filed pre-pandemic) for which I have an MTCArb submitted. Would emailing them now, instead of when MTC is granted (as @fisthardcheeserecommends) hurt? Anyhow, curious to hear people's opinions on whether you think JDBs would be willing to do walkaways now.