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txrider1

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Everything posted by txrider1

  1. @texasrocker I was going the arbitration route so that didn’t happen. I have a chance to do it tomorrow in court, any advice on how I can do that?
  2. I guess at this point my best option tomorrow is to continue the push for Arbitration.
  3. Nope, Just got them today. Apparently the deadline has passed for discovery, but seeing that I did not ask for the documents they are not too late for filing evidence.
  4. I just now received the "Notice of filing of business records", 1 day before my hearing... The interesting thing is, they included a CERTIFACTE OF SERVICE that is dated November 12, 2021. But they overnighted it yesterday and also included a affidavit that was dated yesterday, November 14,2021... So they certificate of service must be a lie? Could I bring this up in court tomorrow as a way to get the filing(which includes the evidence they need to prove the debt is mine) thrown out?
  5. Should I also include that I have not received a response from the plaintiff and that I would like a copy if one was filed?
  6. I received the hearing date exactly 1 day after filing my initial response, September 28th. The timing was so fast I think they mailed the hearing date before even receiving my response. Before filing my response I made sure to email and ask the clerk If I could file a MTC after filing my response and she said yes. I then Sent my MTC arbitration, Order to grant, Affidavit, and highlighted copy of the card agreement(contract). Next day I got a response from the clerk saying she had received it but then I heard nothing from the court and definitely no response from the plaintiff. On Nov 7 I sent an email inquiring about this and then the next day is when the judge emailed me this back, some court system we have here in small town Texas.... From What I know the hearing is still happening as I haven't heard otherwise, but I also haven't received anything form them until pressing them so who knows... I am pretty sure she didn't even read those documents or my initial response until I sent that second email on Nov 7...
  7. @Jimmy E Thanks for the advice, that is precisely what I wanted to do but I didn't know if emailing the judge back without notifying the opposing council was inappropriate/illegal. I mean she strait up emailed me back, never sent a formal response... So I assume it will be fine. I will keep you posted! Thanks again!
  8. I filed everything for arbitration and then never heard back from the court, so I sent an email inquiring if I had been mailed or missed anything. The next day I received the following return email… Please let me know if anyone has advice on how to respond. @Clydesmom, @firsthardcheese Our office received your Order to Grant Private/Contractual Arbitration and to Stay Proceedings Pending Arbitration and has reviewed your request. At this time the request has been denied based on Texas Civil Practice and Remedies Code Sec 171.002. I have included said chapter for your review. Respectfully, ***** ******* Texas Civil Practice and Remedies Code Sec. 171.002 Scope of Chapter (a) This chapter does not apply to: (1) a collective bargaining agreement between an employer and a labor union; (2) an agreement for the acquisition by one or more individuals of property, services, money, or credit in which the total consideration to be furnished by the individual is not more than $50,000, except as provided by Subsection (b); (3) a claim for personal injury, except as provided by Subsection (c); (4) a claim for workers’ compensation benefits; or (5) an agreement made before January 1, 1966. (b) An agreement described by Subsection (a)(2) is subject to this chapter if: (1) the parties to the agreement agree in writing to arbitrate; and (2) the agreement is signed by each party and each party’s attorney. (c) A claim described by Subsection (a)(3) is subject to this chapter if: (1) each party to the claim, on the advice of counsel, agrees in writing to arbitrate; and (2) the agreement is signed by each party and each party’s attorney.
  9. My contract does have the small claims court cut out, but as @texasrocker has stated, that was abolished. One small problem Is I didn't include the arbitration route in my answer to the court, just a general Denial. However, before filing my answer I did call the clerk and verify I could still file a motion to arbitrate and she said yes I could up until the hearing date. Could I amend my response? Or should I just go ahead and file a MTC arbitration and include the clause in the agreement?
  10. Cavalry SPV is using Javtich Block to sue me in "Justice Court" on a roughly $9,800 dollar debt. I filed a basic answer using the solosuit template that denied all allegations. I called the court before filing my answer to make sure I could still file a motion to arbitrate after the initial answer filing and was told yes. I just got a letter from the Justice of the peace notifying me of my hearing on Nov 18. Should I file a motion to arbitrate, or try discovery? Javitch block included nothing with the filing accept for a copy of a my citi card account(attached) summary which included my name and the last 4 digits of my account number. No affidavit, no nothing... Also, In the title of the summons it is Listed as Calvary SPV I llc Vs Me, but the rest of the documents and the next page it is listed as Cavalry SPV I Vs Me; Maybe just a court mistake, is this something I need to worry about or could use as leverage? Lastly, I received a letter from Javitch block after filing my answer that was a "compromise letter" saying to call if I wanted to discuss settlement. I offered them 50% right before filing my answer and they came back with some way higher number. Not sure if this letter matters just wanted to include everything. I am worried that on an amount this large they will arbitrate, but I'm also worried if I do discovery it will eliminate my chances to arbitrate and they may produce the doc's. Any advice on the best next step would be appreciated. 1. Who is the named plaintiff in the suit? ----Calvary spv 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -----Javitch Block 3. How much are you being sued for?------- Around $9,800 4. Who is the original creditor? (if not the Plaintiff) -----Citibank NA AAdvantage 5. How do you know you are being sued? (You were served, right?)----- served 6. How were you served? (Mail, In person, Notice on door)----in person 7. Was the service legal as required by your state?----- yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - Tried to settle but they were nuts, I never admitted to debt. 9. What state and county do you live in? ------ TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)--- 2020(to citibank) 11. When did you open the account (looking to establish what card agreement may be applicable)? - 2018- Contract includes arbitration clause 12. What is the SOL on the debt? To find out: ---3 years 13. What is the status of your case? ----I responded with objections and was just given a hearing date. 14. Have you disputed the debt with the credit bureaus? --- No 15. Did you request debt validation before the suit was filed?--- No 16. What evidence did they send with the summons? ----- Literally just a picture of my account balance from Citi card( pic attached) 17. How did you find out about this site? ---- Google
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