texasbbj

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About texasbbj

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  1. 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.
  2. 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!!
  3. 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.
  4. Thankfully....attorney no showed. I received my MTC arbitration approval by the Judge! Yea ! Onward to next step. Thanks!
  5. I have court on Thursday for hearing on my MTC arbitration. I would greatly appreciate it, if someone could point me to Texas Case Laws to support MTC for Texas, in case there are any issues arise from Judge. I have tried to find on my on, but apparently I am not well versed in the correct way to obtain in Search the info needed..... as anything BUT case laws comes up. I have some internet searches, but was hoping to obtain something here, that was used successfully to support the MTC if there was objections, from the great people here. So far, nothing has been received from the attorney regarding my MTC, but I will assume Midland will have their local rep in JP court. Many thanks in advance.
  6. OK thanks. I will try and find the case laws to support and check on the time limit.
  7. I received a notice today from the Justice Peace Court and a court date was set for Nov 7th It states its a hearing on my motion to compel/private contractual arbitration Pursuant to a motion filed by me. What will happen at court?? Need some good advice and what to expect. Thanks in advance.
  8. Yes, I added the Registered return receipt number on the MTC. I will send the attorney copies of the court papers on Monday. I already have the Jams forms downloaded and ready.😊 Thanks fisthardcheese!!
  9. Updates I do have some assets that they can attach to. My income is limited to SS but wanted to try this route at this time before any contact to them. I did apply for legal aid, but as of yesterday, still not heard if approved. They say under review. I did upgrade my internet for this month and have read, read, and read, took notes and tried to get this 70 yr old brain to take all this in and come up with a gameplan before its too late. I prepared by MTC Arbitration for court with the info from the 2016 CC agreement which I obtained from the gov website per examples found here. I had my statement for the CC agreement to be valid, notarized and attached as exhibit A. I prepared my letter to the attorney for Midland and requested arbitration and sent that certified and attached a copy as exhibit in MTC as exhibit B. Presented all those to the court clerk, received date and time stamp copies of all the above. I believe I am now suppose to send the attorney a copy of the court MTC but wanted to confirm that with you all. ****** I believe I am suppose to send that certified as well.****** So thats where I am at. I would appreciate confirmation of by question on sending the court MTC to the attorney and if there is anything else I should do at this point. I believe that I an NOT to apply to Jams until I receive the court approval/stay. I am not sure if I am to send their local attorney who showed up in court any of this as well, or just the Midland Att on file. Thanks to all for the advice and thanks to all who have come before me and left a great trail of bread crumbs to follow!
  10. Thanks for the input. I have not participated in Discovery. The Judge gave me a continuance and said I must file discovery if I want to go that route. I have not filed any discovery as I have since read the info pertaining to the arbitration here. I have read the arbitration info, but was advised by someone to start my own post and request assistance with the specifics that I provided above, and that is what I have done. I have not contacted a attorney. I have no money to do so, as I am on SS only. I believe it was a family member that opened the account but I have not proven that. I will reread the threads again but I have limited access to the internet at this time as I do not have it at home and very limited with my phone plan due to costs vs my SS income. Thanks again
  11. I see views, but no help suggested or opinions. Am I missing the correct way to request or am I missing info?? I will gladly provide if I can.
  12. Basic Info Midland Funding Sued for account purchased from Synchrony Bank Amazon Account that I do not have believe is mine Attorneys for Midland in Houston at a PO BOX 46058 one being Peter Newman. They had a local attorney from this area show up in court with the offer to settle for $2800.00 which apparently about $1800 in principal and the rest in interest. Purchase agreement from Synchrony to Midland Aug 4, 2017 and delivered to seller by buyer on March 28, 2018. It appears the charge off by Synchrony on this account, occurred in Feb 2018 which does not fall in line with the purchase agreement dated Aug 4 2017 Original opening date for the account was stated for 2010 with Amazon. Suit filed June 11 this year by Midland. I responded with a General Denial and sent copy to Midland and filed with court in required time frame. Their local attorney was nice, offered full settlement (before court) which I rejected as I do not believe this account is mine and needed proof. I requested a continuance to seek legal advice and discovery and that was granted by the local JP Court in Texas. My next court date is set for middle November. My question is whether to pursue a defense of Arbitration of go thru the discovery route. Usual papers in their court documents with copies of the billing only, and shows last payment in August 16 2017. I have no papers of any of type or bank statements etc, as I was a victim of Hurricane Harvey in Rockport, Texas and lost everything, home, papers vehicles, RV, etc with the flood that occurred. I can provide more info if needed regarding their court papers. Just would like some referrals as to what direction to proceed at this point. Thanks in advance