TexasNanny

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About TexasNanny

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  1. Thank you. Also thank you for trying to point out to everyone, “You essentially opened this card up, maxed it out, made a few payments then stopped paying, prior to the one year ago period your hardship began.“ That might be how you see things, in black and white but you have no idea when the hardships actually began. People come here for help and not to be degraded and feel bad about themselves. My “hardship” began a year and a half before I started taking care of my granddaughter. I moved in with my mom to be a full time care giver for the last year and a half of her life. Do you honestly think I wanted a hit to my credit? The answer is absolutely not, but for my mother I would do it all over again Thank you for congratulating me but in the future please don’t try to congratulate someone and then criticize them in the same post, especially if you don’t know their situation. Have a great day!
  2. Update on my court date. For some reason the court date was set back a few weeks. I finally went to court on Tuesday and I was told they dropped the case the Friday before. The lawyer did not send me notification. They don’t like arbitration, that’s for sure. I will take the win. ❤️ Thanks everyone who helped me! Also an update on the case with my granddaughter. May 10th I represented myself in court and won full custody of my granddaughter. ❤️
  3. I filed my Answer with Certificate of Service, MTC with Proposed Order attached, Agreement with notarized Affidavit. I sent everything to the attorney CRRR and they should get it tomorrow. Now time to wait and see where this goes. I want to thank everyone how took the time to help me get this figured out. I will update as I hear more. I want to stay active all the way through with this so hopefully my experiance can help someone else. A court date was set for the end of April, but if the MTC is granted I'm not sure if the court date will stay the same. I am in uncharted territory. Without giving anything away I have good reason to believe the MTC will be granted.
  4. Hopefully I have CORRECTLY done my paperwork and it's ready to move to the next step. If you could look over them to make sure I have everything and it is correct and give feedback I would GREATLY appreciate it. I have: #1 Answer with Certificate of Service #2 MTC with Proposed Order #3 Copy of Agreement with the Notarized Affidavit DEFENDANT ORIGINAL ANSWER and Certificate of Service.pdf MTC and Proposed Order.pdf Synchrony Bank - Walmart MasterCard Account Agreement and Pricing Information.pdf AFFIDAVIT for credit card agreement.pdf
  5. We will see how this turns out. I will be submitting my Answer and MTC by Wed. I plan to stay on this forum through the process so hopefully my experiance will be able to help others from beginning to end.
  6. None at all. I jumped on it when you suggested it. I called and was told contact the lawyer. I did and was told the perfered method of contact is email so sent an email explaining my situation and I have received NOTHING. The lawyers voicemail stated he would, "Respond within 24 hours". I'm hoping to hear from him but I've got to file my answer and prepare. If he reads the email he will at least know he's fighing a broke woman. With no response from him also makes me question if I want any correspondence with him through email. Well, that might be in my favor at some point also. Who knows. Thanks for checking.
  7. Thank you. I know from all the research AAA has been much easier to navigate. I will finish getting all my paperwork ready.
  8. I have found the fee's for AAA but I can't find the fee's that JAMS will charge the JDB. I see many people on this forum claim JAMS is the best choice. I've searched the forum and JAMS website and haven't found a clear answer. On AAA's website it was easy to find the fee's but no luck at all on JAMS. I want to make sure I chose the best possible that will have the JDB running away. Thank you!
  9. @fisthardcheese Thank you so much for your help. I have been spending HOURS trying to write things I didn't need. I appreciate your help more than you could ever know. I hope I am posting this reply correctly, I'm still learning this forum. So in the SAMPLE MTC, I would delete line #2-. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). correct? Common sense says yes, but I have been way over thinking everything.
  10. I was served last week by Portfolio Recovery/Synchrony, in Texas. I have completed my answer to file next week. I am going to submit my MTC as well. The link to my original post is at the end of this post. Thank you to everyone who will take time to read and respond. I am at the point of pulling my hair out. In the SAMPLE MTC, under #2 it claims I will have already sent a Notice of Arbitration Election to PRA/Lawyer before I file my MTC. I have found a NOTICE OF ARBITRATION ELECTION (provided below) For those who have used arbitration is this the steps you have taken? In most of the post I have read I have not read anything about anyone actually sending a Notice of Arbitration Election prior to filing an answer and the MTC. I just want to make sure I am doing this right. I have to give it 100% to fight this and I don't have room to mess it up. Also, do I wait until arbitration is granted to request they pay all fees? ------------------------------------------------------ Sample MTC (Note that is Sample is to show you an idea of what an MTC should look like. Never Copy/Paste this directly into your motion. Adding case law from your own state is a good idea) MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). ----------------------------------------------------------- NOTICE OF ARBITRATION ELECTION Pursuant to Capital One cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes. As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to pursue that claim in court or before a judge or jury." The agreement further states, "You or we may elect arbitration under this arbitration provision with respect to any claim, even if the claim is part of a lawsuit brought in court." As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. ___________________________(Your Name Typed) Certified Return Receipt #_________________________ -------------------------------------------------------------------------------------------------------------------------------------------- Here is the Synchrony agreement: RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. •  What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. 3No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITHANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.
  11. Is there anyone out there who could help with my questions? I feel I am at a stand still. I have so many open tabs on my browser trying to clerify the answer my head is spinning.
  12. This was given to me by a Justice of the Peace. 2009 updated information. Texas State Texas Justice Court Training Center Self-Represented Litigants https://www.tjctc.org/SRL Self-Help Legal Information Packet: When a Debt Claim Case Has Been Filed Against You. https://www.tjctc.org/SRL/debt-claim.html Information Packet – Click here for information on how to proceed if you have been sued in a debt claim case. Debt Claim Forms Answer Form - Use this form to respond to the lawsuit. Subpoena Request - This form is to request the court to order a witness to come to court for your case. Motion to Transfer - Use this form to request the court to move the case to a different location. Motion for New Trial - Use this form if you want to request a new trial because justice was not done in your first trial. Motion to Set Aside Default Judgment - Use this form if a judgment was issued against you while you weren’t present to request the court to hear the case over. Appeal Bond - Use this form if you wish to appeal your case to a higher court after your trial. Statement of Inability - Fill out this form if you are unable to afford court fees or an appeal bond. Texas Self-Help Legal Information Packet When a Debt Claim Has Been Filed Against You.pdf
  13. I have been working on my answer and MTC. I have changed up my answer a little but will post that for suggestions soon. I have looked over my Synchrony agreement which offers JAMS or AAA. I have found many on the forum who suggest JAMS and others AAA. I am not sure which one would be best since many of the threads are older. Which one would be more in my favor to win? I don't remember getting anything from Portfolio Recovery through mail or phone calls prior to them filing suit. I don't know what I have to fight with. I just know I don't have the money to settle. Also, I have put the text in red of a portion that I don't fully understand and would greatly appreciate some clarity. #2 talks about small claims court and if I understand it correctly it follows through in #3 by meaning that I can ask for arbitration? On #4, to me, what I get of the reading is they will pay the cost of arbitration IF I win. Time is not on my side, I must get this finished this weekend if at all possible. 😓 Synchrony Bank Agreement/Wal-Mart Mastercard What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affliates, agents and/or Wal-Mart Stores, Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers fled in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party fles a lawsuit in court asserting claim(s) that are subject to arbitration and the other party fles a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
  14. I will get on that today and hope for the best but keep preparing for the worst. Thank you so much for your help.
  15. Thank you, I didn't know that was even an option. Would you suggest I contact PRA directly or the lawyer they have assigned to my case?