misbhavn

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About misbhavn

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  1. There has been no communication from the court whatsoever. The only reason I knew my order was denied is because I asked the clerk about it when I filed my answer on the other two cases. To date, I never received anything from the court indicating the order was denied. I have not spoken to the judge. I was required to submit an order for the judge to sign when I filed the MTC. The judge simply drew a long line diagonally across the page and wrote " Denied No C.O.S.". I have been given no indication either way as to whether or not I can refile the MTC. I have yet to file to MTC in the othe
  2. ACCELERATION UPON DEFAULT: Purchaser shall be in default hereunder if: Purchaser fails to pay any scheduled installment when due; Purchasers fails to perform any other obligations hereunder; or Seller reasonably believes that the prospect of payment or performance is impaired. If purchaser is in default, Seller may, at its option, without notice or demand, declare immediately due and payable the entire unpaid balance of the contract less any credits or refunds of unearned Finance Charge or insurance premiums as described above under the paragraph entitled "prepayment, Renewal and Financing". P
  3. @Brotherskeeper There are NO consumer law violationS that I am aware of, but I'm not exactly sure what the laws are on the subject. Below is the arbitration clause in the agreement. I apologize for the caps. YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DISPUTES RELATING TO ANY DOCUMENTATION GOVERNING YOUR OBLIGATIONS UNDER THIS AGREEMENT, ANY CLAIM DISPUTE, OR CONTROVERSY ALLEGING FRAUD, MISREPRESENTATION, OR OTHER CLAIM, WHETHER UNDER COMMON LAW, EQUITY, OR PURSUANT TO FEDERAL, STATE, OR LOCAL STATUTE O
  4. Plaintiff's attorney has filed an objection to my motion even though it was denied. I suppose they anticipate my refiling it. In part, they are saying I've engaged in litigation . Can I be considered engaging in litigation by simply filing and answer and MTC? Here is part of the objection. I'd like to hear your thoughts? A. The original contract with Plaintiff., has been terminated due to Defendant's default, therefore the right to arbitration has been terminated. 4. The original contract between the parties has been terminated due to the defendant' s default. Per the terms of
  5. Thanks for all of the input guys. One quick question...if I file an affidavit as exhibit "x" and reference it in my amended MTC, I assume that the affidavit should have exhibit "x" on it somewhere, correct?
  6. This is correct. I filed my answer, the MTC and an order for the judge to sign at the same time and served Plaintiff's attorney by mail. I just forgot to include certificate of service at the bottom of the MTC.
  7. There has been a little movement in the case. The judge denied my MTC arbitration because I forgot to include a certificate of service and has scheduled a pretrial conference. I plan to resubmit my corrected MTC. My question is should I change the title to Amended MTC arbitration or just resubmit with the same title?
  8. So I filed my answer today along with MTC Arbitration. I don't know how much time this will buy but it's a start I guess.
  9. I spoke to the attorneys (Scott & Associates) representing the OC. They confirmed that the OC still owns the debt and that they are handling the legal part. The tab on all three cases is now running at about $5500 after some legal fees have been added. They are willing to offer a settlement, albeit not a large one. Any payment plans would require me to sign off on a judgement, which I really do not want to do. The problem is that I don't have the almost $4k it would take to settle. I can get the money to settle one of the smaller ones now but that's it. I'm really at a loss as to what
  10. A copy of the complaint was delivered by mail yesterday. It states that usual 14 days to respond. My issue is I'm unsure how to calculate the time to respond. The order for alternative service was signed on 1/3/2019. If I use that date the deadline was 1/17/2019. Should I expect any kind of settlement on this. If they can prove up their case what incentive would they have to agree to a settlement. I'm assuming I should just answer with a general denial to buy some time to reach some kind of agreement. Thoughts?
  11. It was not a lease. Conn's has their own in-house financing. It's not a revolving credit line and no card is issued. I appreciate everyone's input regarding this matter. It seems the arbitration route may be a non-starter. What's my best course of action here?
  12. @fisthardcheese I have never tried arbitration, however I did get a JDB to dismiss for nonsuit with the help of @texasrockerThe OC for all 3 cases is Conn's Appliances. I no longer live there due to divorce, however, I do still live in the same county so venue is proper. Being the OC, I would assume that they should have no problem coming up with the necessary documentation to prove their case. I did manage to dig up a couple of the contracts and there is an arbitration clause in there for either NAF or AAA. It does state that "This arbitration clause does not apply to any legal remedies t
  13. So it appears that a process server has tried to have me served at my ex-wife's. I called the guy and told him he's trying to serve me at an address that I haven't lived at in two years, but he stated I could only be served there. At any rate, I have found the cases (three of them totaling a little over $5k) at the JP courts online. It states online that requests for alternate service have been approved. At this point, should I just go down to the court and get copies of the summons? This in in Houston, TX. Since this is an OC, I'm thinking arbitration may be my best chance. My hope is th
  14. Update; Jerry Jarzombek is taking the case on contingency. It was a misunderstanding that I thought he would not. This is a weight off my shoulders.