Superdad3d

I ran across this article from 2017 saying AAA will not arbitrate cases involving Midland Funding. Is this still the case? NCLC Digital Library - New Developments Limit Arbitration of FDCPA, Other Claims Against Debt Buyers and Collectors - 2017-07-19.pdf

I found this form that might be useful. Update all the info specific to your case if you use it. answers-to-interrogatories-jc-fillable.doc

Looks good, but I would remove it from your post due to paragraph 13

yeah then I would just call them. Their website does say that they are using the e-file system though.

Register on efiletexas.gov and you should be able to search your case # and see the filing history.

Thanks I called them and they said I could file it separately so I did. I assume I should prepare a response to the MSJ they will likely file?

I found a similar arbitration document written by another attorney dated 2016. Case law is similar but not identical. ARBITRATION IN TEXAS: HISTORY AND ENFORCEABILITY Arbitration-in-Texas-History-and-Enforceability.pdf

I ran across this document written by a collections lawyer. Nothing new, but it's interesting to read the tactics from their perspective. Anatomy of the Collections Process.pdf

Ok cool. I'm going to send everything CMRR in the morning just to be safe. The sample MTC had that statement about sending the letter to the attorney, so I went ahead and e-served (without filing) a notice to elect arbitration to him this morning. I filed the MTC this afternoon with all the mentioned documents but didn't have the proposed order in the packet. I cited my agreement but didn't add specific Texas case law. Do I need to amend the motion to add the proposed order or can I file it separately now?

Not sure. If they did send anything, I might not have opened the mail thinking it was junk mail. I filed my answer yesterday 10/5/2020 and I sent notice to elect arbitration letter with JAMS to the lawyer using e-service and it shows he was served today 10/6/2020. I did not want to delay filing the MTC so I went ahead and filed it today as well. It included a notarized affidavit, the notice to elect arb letter, and the card agreement(s). Midland actually is suing for 2 alleged accounts with Synchrony in this case, so I worded the MTC for both agreements - even though they have the same wording. The agreement is attached. Hope everything was correct! Exhibit B - Amazon.com Store Card Account Agreement.pdf

Yeah status shows he was served. Do I need to send a letter to the attorney stating I elect arbitration with Jams and request dismissal? For the MTC, was there anything specific that needs to be included? The TAA states: A court shall order the parties to arbitrate on application of a party showing: (1) an agreement to arbitrate; and (2) the opposing party’s refusal to arbitrate. (b) If a party opposing an application made under Subsection (a) denies the existence of the agreement, the court shall summarily determine that issue. The court shall order the arbitration if it finds for the party that made the application. If the court does not find for that party, the court shall deny the application. (c) An order compelling arbitration must include a stay of any proceeding subject to Section 171.025. How do I show their refusal to arbitrate in the MTC? Just by the fact they filed suit, or do I need to send the attorney a letter and wait for a response before I file the MTC?

Ok thanks I'll ask. The e-file system shows the attorney was served and the date/time he opened the email, but I may send by mail just for good measure.

I was recently served by Midland for 2 accounts with Synchrony bank in Texas, and after spending days researching on this site and getting familiar with the arbitration strategy, I filed my answer last night (10/5/2020) denying all claims and listed arbitration and award for the affirmative defense. I used the verbiage in the arbitration strategy guide regarding "lack of subject matter jurisdiction". I keep reading about how Texas has strict requirements for filing motions, but after reading the Texas rules of civil procedure multiple times I'm still not clear exactly what is needed. I have started preparing the MTC and have replaced the example arbitration clause with Synchrony's clause in my card agreement, but don't want to leave anything out that would get it denied. Do I need to schedule a hearing? Any help would be appreciated. Also, I filed my answer electronically and elected to serve Midland's attorney using their e-service, but not sure if this replaces the need to send the filed document by certified mail. Anyone have experience with e-filing that can clarify?

@TexasGirl8002 Well what happened with your case? Were they being shady or was it a mistake?