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Everything posted by Impress

  1. 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
  2. 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
  3. 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.
  4. 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.
  5. 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.
  6. 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
  7. 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?
  8. 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.
  9. Portfolio Recovery automatically deletes once you have paid them as agreed. Even if you settle for less than what you owe.
  10. Sorry for delayed response. I received some letters from a firm collecting on their behalf. I didn't have money at the time to settle. Eventually Chase sent me an offer for 10% and since I had the money, I felt it in my best interest to settle. Though if I had had the money to settle earlier, I would have. I settled directly with Chase. I could have paid over the phone or in a branch. I chose to do so in a branch since a) there was one near me, and b) I wasn't comfortable with them having my bank account info. Not that I assumed Chase would take more. I'm just paranoid. Haven
  11. I ended up settling with Chase last year for 10% of what I owed. But my debt was also less than yours, and (at the time) a bit older than yours. On my reports it is still listed as a charge off but status is some variation of settled. If you have any desire to have a relationship with Chase in the future I would settle. Also, if I'm not mistaken, the utilization (I'm guessing it's over 100%) is also tanking your scores.
  12. @pulpfiction0 I have to agree with @BackFromTheDebt. I took the offer earlier this year from Chase, settling my debt from a couple of years ago for 10%. I'm also dealing with lawsuits for other cards that were defaulted around the same time. Dealing with the lawsuits sucks. Take the deal.
  13. 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
  14. 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?
  15. 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.
  16. 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
  17. 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.
  18. 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.
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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