
Superdad3d
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Arbitration Overview and Strategy (2018 - Most Up To Date Info)
Superdad3d replied to fisthardcheese's topic in Arbitration
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 -
yeah then I would just call them. Their website does say that they are using the e-file system though.
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Register on efiletexas.gov and you should be able to search your case # and see the filing history.
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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?
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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
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If You're Suing or Being Sued...Read This..
Superdad3d replied to cybercrusader's topic in Is There a Lawyer in the House
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?
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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 wordi
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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 f
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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.
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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
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@TexasGirl8002 Well what happened with your case? Were they being shady or was it a mistake?
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