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About TexasQT

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  1. Wednesday we will be filing a MTC for arbitration. However I know she also has to answer this at the same time, if I'm reading correctly. I just don't want to do anything to mess this up for my daughter. How do I answer these questions? I was thinking just answer each with electing arbitration. Plaintiffs first set of Interrogatories 1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis. 2. Please state the factual basis for any affirmative defenses you have asserted in this lawsuit. 3. Please state the factual basis for any counterclaim you have asserted against Plaintiff in this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by Plaintiff that serve the basis of the counterclaim (s) when they were allegedly committed, and the name (s) of the person who committed them. 4. If you have filed a counterclaim against Plaintiff in this lawsuit, please state the steps taken and/or investigation conducted to determine the validity of such claims.
  2. Yes we are doing that Wednesday. Still trying to figure out how to respond to them and do I go ahead and send the attorney a letter stating we are request arbitration?
  3. The agreement lists she can use adr or JAMs. Does it matter which one and is one more consumer friendly. I’m assuming arbitration is the route to go as I’ve read they generally back down, especially with such a small balance. I’m trying to read all I can because she lives a couple hours from me, but I will be st her house this coming Wednesday and would like to have the paperwork printed and ready for her to go file at the courthouse. Is this easy enough to do without paying $750 for an attorney. It would make more sense to settle with them vs paying $1500 for an attorney.
  4. Also when I go JAMs I seems she has to pay $1500 to submit a case. Is that correct? I read elsewhere (google) the max fee for a consumer is $250.
  5. Yesterday someone knocked on my daughters door and it was the maintenance man for the duplexes she rents from. He handed her some papers and an empty envelope and said these came to the office and they are for you. Needless to say it was papers from Rausch Sturm her being sued by Portfolio for a Comenity Bank Care (Buckle). Account was opened in 2013 and last payment made in 2018. They say the balance is $1824. It was filed in county court in Smith County Texas. I was able to find their arbitration agreement. She has until August 30th to respond. I am helping because she is young and clueless about how to handle this. I personally have sued the Big 3 and various JDB over the years, but have never been on the receiving end to even know how to help her. Can anyone point me in the right direction? I just joined this board but will read through other posts to see if I can find some insight. They are getting ready to purchase their first home and she doesn’t need a judgement. Thanks so much.