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MaeghanF

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MaeghanF last won the day on April 17 2020

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  1. would anyone know who i would file the interlocutor appeal with? which court?
  2. It did. I've attached the case law i used in my MTC: MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION COMES now Defendant MaeghanF, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about September 28, 2020, Plaintiff filed its Complaint against Defendant. 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit I, attached). 3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 4. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 5. Texas General Arbitration Act (a) A written agreement to arbitrate is valid and enforceable if the agreement is to arbitrate a controversy that: (1) exists at the time of the agreement; or (2) arises between the parties after the date of the agreement. Tex. Civ. Prac. & Rem. Code § 171.021(a). 1. When arbitration is ordered, the court must stay the litigation. Tex. Civ. Prac. & Rem. Code § 171.025 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to stay proceedings pending contractual arbitration. Respectfully submitted this day November 19, 2020 MaeghanF, Defendant, pro se
  3. They pointed out a section on how to reject abritration. Reading through it, it seems to be more for the consumer then PRA really.
  4. The PRA attorney stated it should not be applicable to small claims court. When I pointed out to the judge that he had agreed to arbitration in a smiliar case six months ago, he stated that the court does not go by past records.
  5. Hi all, This is my second round with PRA (first case with the same judge was successfully moved to arbitration and dismissed with prejudice in 4/2020). This second case, the judge has denied arbitration. Has anyone successfully fought the denial of an MTC? Thanks in advance!
  6. Thanks for catching! I'm just going to change my dates on all my saved paperwork from last time ha!
  7. Update again!!! PRA is suing for another debt. I'm almost giddy. Round 2 here we go!
  8. Wanted to give another update. Finally got the motion for nonsuit filed with the courts and this collection has fallen off my credit karma accounts (i'll do a hard check after 30 days to give time). Arbitration route for the win!
  9. Do I need to send the court dismissal with that or will they follow up with PRA?
  10. Probably jumping ahead but what are the steps to have this collection removed from my credit report with the dismissal with prejudice? Thanks,
  11. Thought I’d give an update. I followed the advice from @fisthardcheese and PRA attorney emailed me stating they would agree to dismiss with prejudice for Dismissal of the arbitration case. They should send the agreement over today!thanks everyone.
  12. @fisthardcheeseArbitration was filed and received by JAMS. Got an email from care coordinator asking for proof of service to PRA. Sent that over. Do I just wait now?
  13. In other news, looking at the county records, PRA filed a motion to be awarded a default judgement two days after the ore trial hearing. They’re nuts. They didn’t even show up to court! Is this a common tactic of theirs?
  14. Hi all, update! I had the pre trial hearing today. PRA did not show up and judged granted the MTC. Ready for next steps. While waiting, the judge to dismissed a few cases since the JDBs lawyers weren’t present so that’s a nice sign but I know to request a dismissal with prejudice if it comes to that. The judge did say I was the first case he’d seen that went to arbitration and the clerks were pretty confused on what the next steps were.
  15. Hi all! I have court in a week! any tips or anything else I need to do to prepare? Thanks!
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