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About texasbbj

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  1. 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.
  2. 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)
  3. 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 answ
  4. 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.
  5. 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.
  6. 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.

  7. 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 wh
  8. 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.
  9. 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!!
  10. 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....
  11. Thankfully....attorney no showed. I received my MTC arbitration approval by the Judge! Yea ! Onward to next step. Thanks!
  12. 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 t
  13. OK thanks. I will try and find the case laws to support and check on the time limit.
  14. 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.