GaylenF

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GaylenF last won the day on August 31

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About GaylenF

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  1. We are getting closer to having this Second Round Sub collection case behind us. Our JAMS Demand for Arbitration was accepted and Second Round Sub, LLC (and Rausch and Sturm) has been contacted multiple times already for the payment of the FULL amount of the deposit, $1750 ($1500 plus our $250). Two weeks ago, I had a 20 minute phone call with one of Second Round Sub’s (or Rausch and Sturm’s) debt collection telemarketers. Near the end of the call this person had said that they would agree to settle the lawsuit, but was not forthcoming with any particular type of settlement. So I just laid all my cards out on the table mentioning that they have the lawsuit against my Wife and that the demand for arbitration has already been accepted with JAMS (and that they were just waiting to receive the $1,750 deposit from them to move forward). I said that I’m not sure where we go from here, but that II would like to settle for a dismissal with prejudice for $0. At this point, of course, she said that she could not authorize that, and it was at this point that our call abruptly ended. It has been roughly two weeks since that call, and I just received an email from a different Rausch and Sturm attorney representing Second Round Sub who has said that, “Second Round would like to enter a mutual release, which should resolve the pending lawsuit with a dismissal”. I'm not sure what to expect, but I am definitely hoping to see those two beautiful words "with prejudice" included in this proposal. Fingers Crossed.
  2. My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the Court and our motion to compel arbitration. We submitted her motion to compel arbitration to the Court on July 2, 2020, but we still have not heard anything from the Court. In the meantime, our demand for arbitration with JAMS has been approved and second-round sub has been sent a notice and an invoice for the deposit of $1750. My question is, should we submit to the Court our accepted demand for arbitration with JAMS as evidence to the Court in an attempt to get our motion to compel arbitration fulfilled?
  3. Thank you so much Clydesmom Thank you so much for your response, Clydesmom. The suit was filed in District Court in Texas. I'm not sure if that is the same as Justice Court where you are from. Based on your recommendation, I did not pursue the contract agreement with the debt collector for fear of forfeiting the opportunity to take this to Arbitration. I did submit a Demand For Arbitration with JAMS. Then I submitted to the court copy of Credit Card Agreement (found online), a copy the JAMS Demand for Arbitration ( Which was sent to Plaintiff and to JAMS Office in Dallas), Proof of Service (for Demand for Arbitration), a signed Motion to Compel Arbitration, and an Order to Compel Arbitration (with case information filled in for ease of use ). NOW, I have 2 days to figure out how to respond to the Debt Collector's Discovery Request (Request for Production, Request for Admissions, and First Set of Interrogatories). I'm worried that we might say something incorrectly and lose the Arbitration option. Do you have any insight as to the best way to go about that (and still maintain our focus on Arbitration)?
  4. My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the court and requested a signed copy of the original credit card agreement from the debt collector. We stated that, based on the original credit card agreement that arbitration is the proper forum of resolution of this issue. It has been about two weeks and we still haven't received anything from the debt collector (including the copy of the credit card agreement that we requested). Should we expect that they will provide that to us before there is a hearing? Also, I am preparing to submit the motion to compel arbitration to the court. And looking at the sample motion to compel listed in the Arbitration Overview and Strategy (quoted below) I'm wondering if there needs to be any sort of case numbers where there are blanks below (in red)? And if so, where would I find those numbers? I am not involved in any field of law, so any help here would be greatly appreciated. Thank you so much in advance. “Rent-A-Center, West, Inc. v. Jackson , 561 U. S. __?__, _?___ (2010) (slip op., at 3)” “Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. _?__, _?__ (2010)”
  5. My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the court and requested a signed copy of the original credit card agreement from the debt collector as well as mentioning that the original credit card agreement and mentioned that arbitration is the proper forum resolution of this issue. It has been about two weeks and we still haven't received anything from the debt collector. Should we expect that they will provide that to us before there is a hearing? Also, I am preparing to submit the motion to compel arbitration to the court. And looking at the sample motion to compel listed here, I'm wondering if there needs to be any sort of case numbers where there are blanks below? Any help here would be greatly appreciated. “Rent-A-Center, West, Inc. v. Jackson , 561 U. S. __?__, _?___ (2010) (slip op., at 3)” “Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. _?__, _?__ (2010)”