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Everything posted by Bulldoger

  1. looking at Texas Court Structure Justice court would equate to District court here in VA. In VA we have small claim courts where Attorneys are not allowed and rules of court are relaxed they do occur in the same physical courtrooms as district courts but are handled differently. Texas doesn't have a court where the rules are relaxed. Prior to 2013 did Texas have a court which ran only wth less strict rules ? If so can that be a defense if plaintiff argues they filed in small claims court. Trying to help ktigs out. I know if I was plantiff console I would argue that case was filed in l
  2. If the best argument is small claims courts were abolished in 2013 it is therefore impossible to file any case in a small claims court as they no longer exist. Should he put that in his MTC. https://texaslawhelp.org/article/how-sue-justice-court-small-claims-court Texas Young Lawyers Association This guide, written by the Texas Young Lawyers Association, has detailed information on how to file a lawsuit in justice court, also known as small claims court. The information and forms available on this website are free. They are not for sale. B
  3. Since small claims courts were abolished in 2013 it is therefore impossible to file any case in a small claims court as they no longer exist. So there is no argument needed. And if he gets a Judge that believes a debt claim filed in his court is small claims court is there an appeal process.
  4. It would have been more straight forward if your card was charged off before they transferred ownership. But since you didn't paid on this account when it was under Capital-one (which does not have a arbitration clause) or used the Capital-one walmart card? You never were under a Capital-one credit card agreement.
  5. Yes that is true why flip a coin. all you need is a ponderous (one that is more likely then not) argument. JudgeA always says anything less than 10K is small claims and deny MTCs. JudgeB says there are two different courts and small claims clause does not apply and grants MTC all the time. That's a toss of the coin. 50/50 chance you get JudgeB. What if you end up with JudgeA. You want an argument that JudgeB is correct inorder to change JudgeA mine. So in your MTC you want to point out that the (drafting party of rules google to find out) expressly intended
  6. do you have a charge-off statement? It's the statement where you balance goes to zero. If not see if you can access your account on their MCM website. Go to account in question there is a tab for documents look for chargeoff pdf. Is it on Walmarts Rewards Synchrony? If so download and print attach to MTC as exhibit showing account was charge off with Synchrony and Capitol-one was effectively just a debt buyer and is bound by the Synchrony Walmart agreement.
  7. Don't know if that would pass an audit. Sure she only got late fees forgiven.
  8. Being a board member is a non paying position, their has to be incentives to get the positions filled.
  9. You can run to become a officer of the credit union board. Get some voting power and then submit offer for settlement. Sounds crazy but we have a credit union at work. It is run by employees, a co-worker did exactly above and also approve another loan for herself to pay settlement.
  10. There is specific law and case for North Carolina in above file I would some. Also you need to be clear that case be moved to contractual arbitration not N.C. court arbitration. So I suggest you write an order for the judge to sign that clearly moves case to correct arbitration. Order to Arbitration template.pdf
  11. If you can find a clearer copy online you can submit both one as original filed copy and one as legible copy. your Arbitration contract states: "Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court." If you read the rules section (a) refers to small claim cases and (b) refers to Debt claim case. RULE 500.3. APPLICATION OF RULES IN JUSTICE COURT CASES (a) Small Claims Case. A small claims case is a lawsuit brought for the recovery of money damages, civil penalties
  12. Since the plaintiff filed the credit card agreement does he need to provide and affidavit for agreement?
  13. I sure you two will prevail we will help along the way. Understand that Western Sky is defendant (that's you) and Brown is plaintiff that's JDB. You need to cut out tribal stuff and use the fed stuff and N.C. stuff there layout and how the argument is presented. crazy anyone would agree to 139% APR 2.5 K loan have to payback14K.
  14. I tag you on another thread where I put some info. But I also ran across this talking about court ordered arbitration which was done in you case. (b)Exemption and Withdrawal From Arbitration. The court may exempt or withdraw any action from arbitration on its own motion, or on the motion of a party, made not less than 10 days before the arbitration hearing and a showing that: do you have a hearing date yet? (1) the action is excepted from arbitration under Arb. Rule 2(a)(1) this does not apply in your case. or (2) there is a compelling reason to do so. So in you
  15. @key22 You can use the western sky MTC below as a starting template I just glanced it but it's like a golden ticket I would just plagiarize it. ( there are free Adobe editors online I also converted it to 1997 or later word doc) The 2016 file has good N.C. Law and with above how to pamphlet as how actually filed motion in court copy plaintiff etc.. you guys should knock this out of the park. follow the rules attached to get it filed. western-sky-motion-to-compel-arbitration.pdf 2016_NCBC_58.pdf General-Rules-of-Practice-for-the-Superior-and-District-Courts-Codified-10-May-2021.pdf west
  16. how to file a MTC Compelling and Staying Arbitration in North Carolina.pdf
  17. here is a paper that expressly shows how to file an MTC. It has case law and tells the rules that apply in preparing and filing the MTC. Compelling and Staying Arbitration in North Carolina.pdf
  18. This says they will pay "your share" if unrelated to debt collection. Yours is so you just have to pay $200. But it also says they will not recover fees unless case is frivolous and how can that be when it's their case. See how they even spell out that if you filed answer, or participated in discovery you can still file a MTC right up to trial date.
  19. They are in D.C. which is 40 miles north of me and I have NONE. I want cicadas Yum Yum. https://www.nytimes.com/2021/06/09/us/politics/cicadas-biden.html https://www.washingtonpost.com/weather/2021/06/07/cicada-mayfly-dc-radar/
  20. You and @key22 are in NC and both should file MTC maybe two heads are better than one and you to can split the work help each other out and get your MTC filed in time.
  21. there is a debt dispute clause which makes Key22 have to pay $200. On the other hand there is a clause that they cannot go after their cost to arbitrate, fees and attorney cost if they win. So best they can hope for is losing 1700-5000 dollars and getting a uncollectable Judgment. How much are they after? Key22 you don't have to pay right away. If you filed MTC request hearing this will stop court proceeding in district court. Don't worry about the $200 at this time. For all you know after you file the MTC MCM may just file a no-suit or dismiss without prejudice, they have been known
  22. On a different note: if we just continued to court, since they already submitted to the courts billing statements, card agreement and bill of sale, do I have any defense to get this dismissed? lot of good info on this thread Also see @Redlinehome comment's in this thread: read these documents they explain how to defend against debt buyers. 5 secrets debt buyers who sue don_t want you to know about.pdf Defending credit card cases, 2009.pdf defending _JDB_suits.pdf
  23. That's for my cell line. My home line only allows my cell and work # and my wife's cell period. All other number's are blocked by Verizon Fios.