ktigs

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About ktigs

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  1. Thank you! That’s what I pulled from that conversation to. Sorry I was just waking up! I only had one eye open this morning 🤪
  2. Ok, so I filed this motion yesterday with the clerk. We will see what happens? We’ve dealt with this judge on two PRA cases already. They sued twice for the same debt. Both have been dismissed because PRA didn’t show up to court, but we did. When a rent-a-lawyer spoke up and offered to take the case, the judge shut him down immediately. This judge seems to be pretty fair, so far. If the attorney does bring up the fact that it is small claims, do I have an argument at this point?
  3. Thanks for the response! I called our local county library yesterday, and they said it’s literally up to the judge if he will honor it. I did turn in the motion to the clerk yesterday morning.
  4. UPDATE: I called the local law library just now and they did confirm that I can submit the motion, but it’s ultimately up to the judge if he’ll grant the motion. Wish me luck! Turning this in today!
  5. From my understanding, Texas has small claims court and debt court. Anything that debt collectors sue for falls under debt court. It’s ultimately up to the judge to grant once the MTC is filled - to my knowledge.
  6. I found the archives of the original cc agreement. I had already printed one out to submit with the motion.
  7. That I wasn’t sure of? Theirs is a very bad quality and small copy.
  8. Don't mind the cursor on the second page. These are screen shots.
  9. Don't mind the cursor on the second page. These are screen shots.
  10. OK, I think I have it! I attached a redacted MTC. Please advise. I want to turn this into the clerk tomorrow, as court is on the 30th. Here's the arb clause from the cc agreement for reference: ARBITRATION PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. THIS SECTION PROVIDES THAT DISPUTES MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES AR
  11. OK, I think I have it! I attached a redacted MTC. Please advise. I want to turn this into the clerk tomorrow, as court is on the 30th. Here's the arb clause from the cc agreement for reference: ARBITRATION PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. THIS SECTION PROVIDES THAT DISPUTES MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES
  12. On a different note: if we just continued to court, since they already submitted to the courts billing statements, card agreement and bill of sale, do I have any defense to get this dismissed?
  13. I’m still lost on how to start the process 😩 I haven’t received any feedback.
  14. Ok, so I'm trying to figure this out. Please bear with me. My very first step is to file an MTC with the county clerk, correct? If so, I'm trying to find exactly how to do that. I'm in Texas and have filed an answer to a JDB lawsuit already. Is this for discovery? Have I missed my chance since the answer has already been filed (denied all)? I am so lost on WHAT to do first. I don't just automatically file for arbitration until a judge agrees to an MTC, yes? Can someone dumb this down for me? Thank you soooo much!
  15. I find this process so confusing! Pretty much I'm not sure where to start, I guess? We're being sued, answer filed but not quite sure how to start the arbitration process?