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SangreDelToro last won the day on August 4 2019

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  1. They listed both. Here is the actual wording from the promissory note... "Any Claim shall be resolved, upon the election of either you or me, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed ("Rules"). Any arbitration under this arbitration agreement will take place on an individual basis; class arbitrations and class actions are not permitted. If I file a claim, I may choose the administrator; if you file a claim, you may choose the administrator, but you agree to change to the other permitted administrator at my request (assuming that the other administrator is available)."
  2. I was surprised as well! The judge actually told me that if they sue again it will come through her court. She told me to reference this case if that happens.
  3. Just wanted to give everyone an update of my case... I was able to get the digitally signed promissory note from Prosper and I filed the MTC arbitration with the court. While I was waiting to receive the promissory note I sent a letter to Plaintiff's attorney electing arbitration. There was a scheduling hearing on July 26th at which time the Plaintiff's attorney stated that they wanted to wait for the court's decision on the MTC arbitration before scheduling a hearing. The judge granted me a stay on the discovery and interrogatories since they were due the following day. I was called the day before the MTC hearing by the court clerk and she said that I had not provided the court with a courtesy copy of the motion. I literally had to leave work, run home and print everything out, 3 hole punch the 18 page document, rush to Walmart to get a binder (clerk said it had to be in a binder) and drive all the way downtown to deliver it by 3 PM. This was very stressful but I managed to get it done! The MTC hearing was on August 1st and, lo and behold, the Plaintiff's attorney filed a motion for non-suit without prejudice at the last minute. Sort of anti-climactic but at least it's over with unless they sell it to someone else that tries to sue again. Thanks again everyone for your assistance.
  4. Thanks everyone! I filed the answer on time this morning (barely made it). I didn't have a chance to read some of your responses this morning but I think it'll do as I used the following general denial wording... "Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of the Plaintiff's allegations.". Fortunately, I also included the subject matter jurisdiction as an affirmative defense as suggested. @texasrocker, this case has been filed in the 44th District Court (Dallas County). I'm working on the MTC and will file asap. Hopefully the MTC will be granted prior to the 50 days so I don't have to deal with discovery and other requests by Plaintiff. As for the original loan documents, I think I have them stored electronically on an old laptop. If I can't find them by tonight, I'll give Prosper a call in the morning to see if they'll send me the original promissory note and documentation. Thanks again!
  5. also... I have 50 days from date of service to respond to discovery and other Plaintiff requests so I still have quite a bit of time on that. I was served on June 8, 2019.
  6. Thank you both for responding so quickly! I'm still working on the answer that has to be filed by tomorrow at 10 AM. My question is... Do I have to file the MTC arbitration at the same time that I file the answer or can I file that later? I've managed to cobble together some parts from various answers that I've seen in similar cases. In particular I've used the "Grounds for Dismissal for Lack of Standing". I also read through "Special Exception to Account Stated" but determined that it doesn't apply in my case since this is not a credit card account. Please correct me if I'm wrong. Thanks!
  7. 1. Who is the named plaintiff in the suit? Crown Asset Management, LLC assignee of WebBank (Prosper Funding LLC) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm 3. How much are you being sued for? $17,898.40 plus post judgement interest and court costs 4. Who is the original creditor? (if not the Plaintiff) WebBank (Prosper Funding LLC) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None before, but I literally just received a letter from Rausch Sturm offering a payment plan. Lawsuit had already been filed. 9. What state and county do you live in? Dallas County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The lawsuit alleges March 14, 2018 11. What is the SOL on the debt? To find out: I think it's 4 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Answer is due by tomorrow, July 1, 2019 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? By 10 AM on the Monday next following 20 days from being served. I was served on June 8, 2019. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence but they included Plaintiff's First Discovery Request, Request for Disclosure, Request for Production, Request for Admissions & Plaintiff's First Set of Interrogatories