TexasGirl8002

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TexasGirl8002 last won the day on July 28

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  1. ***Update Dismissed WITH prejudice!!!!! Thank you so much to everyone that helped me through this!!!! Especially @fisthardcheesefor your time and advice. Now that the case is dismissed, can I have it removed from my credit report?
  2. Do I need to wait to receive their Stipulated Motion to Dismiss and review before I send mine? Also, should I wait until my case in court shows a dismissed with prejudice status online before submitting my dismissal of the arbitration case? Or is the signed document agreeing to dismiss sufficient? I don't want to prematurely dismiss the arbitration case.
  3. ***Update @fisthardcheese I received the following response from the Plaintiff's attorney: We will agree to dismiss the court action with prejudice if you agree to dismiss the arbitration with prejudice. If this is agreeable, please send over a proposed dismissal of the arbitration. We will get together an Agreed Motion to Dismiss for the court action. What is my next step?
  4. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, 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? Approximately 6k 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank /Paypal 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) Taped to the front of my door 7. Was the service legal as required by your state? Yes, It seems to have been served legally 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Smith 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 complaint states September 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? Complaint states October 2015 12. What is the SOL on the debt? To find out: 4 years 13. 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). The complaint was served 06/11/20, I e-filed an answer to the complaint on 06/26/20, I also E-filed an MTC Arbitration and Proposed Order on 06/26/20 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? I was served Plaintiff's Original Petition & First Discovery Requests. I believe I have until 07/06/20 to answer the complaint and 07/31/20 to answer the Plaintiff's request for Discovery. The charges in the complaint are: Count 1: Breach of contract. Count 2: Account stated. They sent a first discovery request, a request for disclosure, a request for production, a request for admissions, and a first set of interrogatories. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence or exhibits attached. 18. How did you find out about this site? GoogleCom After doing some research, I found that the Comenity Capital Bank credit card agreement does have an Arbitration clause which sites AAA as the forum. I have done the following: 06/11/2020- I was served the Plaintiff's Original Petition & First Discovery Requests 06/26/2020- I E-filed a General Denial and listed Arbitration and Award as an Affirmative Defense. I also E-Filed a Motion to Compel Arbitration, with the relevant Comenity Capital Bank credit card agreement attached and an Affidavit which certifies it is true and correct copy. Also, I filed a Proposed Order to go with my motion per the local Civil Rules. There are a few things that I am unsure about after reading the local County Rules of Civil Trial, which I will post below: RULE 2. MOTIONS 2.1 Certification of Conference (I did not do this. However, the motion was accepted) Before filing a motion, counsel for a moving party must confer or certify that a reasonable effort has been made to confer with the counsel, if known, of all parties affected by the requested relief to determine whether or not the contemplated motion will be opposed. Such a conference is required for all motions except motions to dismiss the entire action, motions to quash, motions for protection, temporary restraining orders, motions for judgment on the pleadings, motions for summary judgment, and motions for new trial. The purpose of the conference requirement is to promote a frank exchange between counsel to resolve issues by agreement or to at least narrow and focus the matters in controversy before judicial resolution is sought. If a motion to compel or for sanctions is sought, the Court will not consider the motion unless the movant certifies that the movant has conferred with or made a reasonable effort to confer with opposing counsel in an effort to resolve the dispute without the necessity of Court intervention and that the attempt has failed. 2.2 Form Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument. All pleadings, motions, orders and other papers filed with the Court shall be consecutively numbered at the bottom of the page. 2.3 Submission (I'm not sure if I stated a date of submission????) Motions shall state a date of submission at which time the Motion will be considered without a hearing, unless both a request for oral argument and a response are filed. The movant shall select the date of submission which shall be no sooner than the Monday following fifteen (15) days from date of filing, except on leave of Court. The motion will be submitted to the Court for ruling on that date or later. Submission date on motions for summary judgment shall be no sooner than the expiration of thirty (30) days from the date of filing of the motion for summary judgment. A response, if any, to a motion for summary judgment shall be filed and served seven (7) days before the submission date pursuant Tex. R. Civ. Proc. Rule 166a. However, the Court will not actually hear oral argument on a motion for summary judgment unless (i) properly requested pursuant to Local Rule 2.7., and (ii) the Court determines that oral argument will substantially aid the Court in ruling on the motion for summary judgment. Counsel are encouraged to include citations and copies of any cases believed to be controlling as part of the motion or response. I'm a little anxious because I was not too comfortable with the e-file system. I filed all the documents and requested service on the Plaintiff's attorney but the motion has not been ruled on and the status of my case has not changed since I filed my answer. I feel like I should have mailed a copy to the Plaintiff's attorney to be on the safe side. Also, I have not yet sent a response to the discovery since am waiting on the MTC to be granted. I'm pretty sure I was not required to schedule a hearing for the Motion. Advice is greatly appreciated.
  5. Ok. I'm ready! Also, if the attorney for the Plaintiff does not show up to the hearing, can I move to have the case dismissed with prejudice?
  6. Should I file a Motion for Continuance before trial date? Or just bring it up at the hearing? I have a few more questions. First of all, I am just now reading over the motion that was filed by the Plaintiff. If I'm reading correctly, it looks as if they are saying that I never answered the complaint. That is definitely untrue. Also, the copy was sent to me by email as well as a copy of the denial of the motion. However, the case online has not been updated to reflect that the motion was denied. Do I still need to file a formal opposition to the motion? I don't want to make any missteps. Also, the Trial Hearing Notice states to have all documents, witnesses and evidence, etc...at the hearing with me. What exactly do I need to do or have with me to be prepared?
  7. @ @Clydesmom, @WhoCares1000, @BackFromTheDebt, @Harry Seaward, @fisthardcheese I'm not sure if I should: File a Motion for Sanctions or a Motion to Dismiss With Prejudice since this is the second time that Plaintiff ignored the order to arbitrate. Or should I abandon any hope of enforcing arbitration and prepare for a case?
  8. I have a few more questions. First of all, I am just now reading over the motion that was filed by the Plaintiff. If I'm reading correctly, it looks as if they are saying that I never answered the complaint. That is definitely untrue. Also, the copy was sent to me by email as well as a copy of the denial of the motion. However, the case online has not been updated to reflect that the motion was denied. Do I still need to file a formal opposition to the motion? I don't want to make any missteps. Also, the Trial Hearing Notice states to have all documents, witnesses and evidence, etc...at the hearing with me. What exactly do I need to do or have with me to be prepared?
  9. I emailed the clerk on Thursday afternoon and asked when I would receive a copy of the Motion in the mail. I informed her that it had been 10 days and I had not received anything from the Plaintiff or the Court. She said that she was out of the office but she would check on my case when she got back in the office on Tuesday. This morning, 05/26/2020, I received an email that said the Judge denied the motion of Default Judgement and that the case was set for hearing on June 29th. I am freaking out a little bit.
  10. I have been waiting for a copy of the motion to be mailed so that I can see what it says. However, I'm nervous about waiting any longer. What format should I use? Should it just be a letter? Also, should I include copies of emails or my CMRR? I plan on working on this document over the weekend.