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texasbbj's Achievements


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  1. He was quick to inform me...that may be true about 2013....but this is still a small claims court with a different name only and it COMBINED small claims into the Justice court and is a small claims court...period, the end. Quite rude in schooling me as well
  2. No. I just dont have it in me right now to go thru it. I am working on settlement.
  3. Well, it was not pretty. Their lawyer brought up the exclusion on small claims court....I tried to argue many items found here to rebuttal. Basically Judge said none of my rebuttal mattered.....has the exclusion and it WAS a small claims court for Texas and sorry but no go on the Motion to compel....then went straight into the case....which of course I lost....
  4. Same info I would llike to review as well~~ Hope some answers come in for you!. Doing research to find as well.
  5. Info: Texas, Justice Court, Citi CC agreement with small claims exclusion on the agreement. General denial entered. Request for Arbitration submitted. Very small Justice court. about $3800 debt JDB Midland. DOL is December 6, 2016 (almost surpassed the 4 yr SOL! but not quite. Court is Tuesday next week. I understand the odds with this exclusion, but I will go in and try. Using the 2011-2013 where Texas abolished small claims defense with some arguments obtained here for reference as well as other research. All notices sent out as required. I understand if I do loose I can appeal in county court to try and loose the small claims exclusion there. ***Limited with any case laws to support my defense of course. Any help appreciated. ***Any last thoughts to reference to the judge appreciated with my defense/request to arbitrate. *** If by some chance they no show, what do I need to request from Judge at that time? Any thing I should type up and have ready for him? Appreciate all the help I get here!. Thanks in advance. Looking for your experiences!
  6. Thank you!. I did come back, found a general denial, typed it up and took that back and had it date stamped by the court. Hopefully I can get settlement talk going with them as it appears that is the best approach at this time.
  7. To clarify...I had to leave the court house....I was not in court. Also noted, that others have filed in the the Justice Court in my town where I live. Discover filed in the County Court. Unclear on reason for that or if that is worse or better.... (wished Citi would have done that)
  8. Just a little help to confirm correct procedure (clerk office closing early today due to Holidays) Monday is official deadline at 10 Suit filed in County Court in Texas OC Discover (goal to settle) as I know they will follow per my 40 hours of readying and learning here SOL up in December (several coming down after me at once) Prepared MTC for arbitration as my response-answer- to their suit. Presented it to county clerk to file and they did date state and accept things.....but clerk stated where is my "answer" to the petition. I stated that the MTC is my answer....and she looked at me funny....and stated she could not give legal advice...but I need to read my petition suit again and do EXACTLY what it says I need to do within the time limit. NOTE: from my reading and learning for Texas....if I participate in discovery etc...I could loose the right to compel arbitration. ?? Petition states: You are hereby commanded to appear by filing a written answer to the Original Petition of Plantiff...on or before....etc etc. Please see below Questions.....what to respond as my "answer" they say I should have??? Help. I had to leave court, run home to get your advice as to what I should do.
  9. This is from the cc agreement. What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim.
  10. Ok. Thanks to all! I will do so today. Somewhat nervous as another thread from late last year, shows denial on the MTC in a small Texas Justice Court.
  11. Can you assist in providing assistance as to what you would do....regarding arbitration  with Citibank CC agreement with the small claims court exclusion with a Midland JDB suit filed for $2500....in Texas.

    Hours or reading here and I cannot locate secondary course to follow.... if that exclusion is there.

    Would you take a chance and submit MTC anyway?

    Many thanks in advance.


    1. BV80


      A little over a year ago, a TX resident on this site filed a MTC arbitration with a JDB who sued for a Citibank debt.  It was in Justice Court.  TX abolished small claims court a few years ago so that all small claims are filed in Justice Court.  The judge denied her motion. 

      That doesn’t mean you can’t give it a try.  Here is the thread and the arguments we suggested.



    2. texasbbj


      Thank you so much!.   It was a good read...but she was denied the arbitration by the court so that part was not good.

      Not sure on what a appeal would involve, but can research that.

      So there appears no leverage for a settlement offer....🥺

      Thanks for your help.  

      I think I may be judgement proof but need to research that more.  Not employed, Im a senior with SS income only, homestead on house, vehicle still has big loan and I think exempt as well.  I can move what little money I have in the bank to cash, so that may be the only option I have.  

      Thanks again!  Your very kind to assist.

  12. Citbank Home Depot filed suit for $2500 in local Justice Court, small town Justice of Peace in Texas. I have filed my basic reply. JDB Midland. I am wanting to revise my answer with a Motion To Compel Arbitration and was successful with a prior suit with Synchrony JDB being dismissed with the arbitration motion. But...on this CC agreement, I find the exclusion if filed in small claims court. Is there a workaround on this?? Do I take a chance and file the motion anyway?? It states specifically thru out many other paragraphs, I have the right to elect arbitration no matter what so it gets somewhat confusing, yes I have the right, no I dont have the right. Can I go ahead and just file arbitration?? I have 30 days to my court date and would greatly appreciate direction. I am still reading and trying to find my answer, but nothing specific found as of yet. Thanks in advance
  13. He is sending letter to validate that the MTC was approved and stated he was sending to the attorney and a copy to me. Unclear on the other part to ask for a judgement in my favor....as the court was for a motion to compel arbitration.?? My expertise in this is slim ,so no, did not do that one as I guess did not understand that could be done or requested. 😕 But yes onward with arbitration.
  14. Thanks to all for the responses. I will reread as I am very sure I missed items with the cram speed reading I have just gone thru with everything i had to read and learn!! Onward! And again THANKS! to all!!
  15. Update Got the case law support (thanks to those that helped) Went to court today. Attorneys for Midland no showed. Judge approved MTC and will send letter to validate. This is a very small JP court and he did not seen well versed in the procedure but non the less, was approved. I asked what the time frame for Midland to respond to a motion....he just said court today was the time frame. ?? I did call the court clerk last week as well and asked the same question....and she said that was what court was for?? So from what I have learned....I think.... I should now go ahead and file my Jams and pay the $250. And wait for them to contact Midland attorney. Question: Do I send copy of Jams to the attorney? Do I need the court doc with approval to send it with Jams app. Thanks for everyones help here! First good night sleep tonight in a while! If I am off track, please let me know.
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