texasrocker

You have failed to comprehend anything I said. There is about a 98% chance that this will not proceed to trial if you fight them either through the court or with arbitration. If you just sit idle and wait for your trial then there is about a 98% chance that you will lose.

You have a very good chance of winning with this law firm whether you choose to fight it in court or to use arbitration. Again, there is almost zero chance that it will ever get to trial. As soon as they see that they are not going to get a default judgment they are notorious for not saying another word. It does not matter if PRA gets more aggressive when it costs them more to go through arbitration than they filed the lawsuit for to begin with.

No. Some courts have a policy that every case must go through their mediation process. It has nothing to do with using contractual arbitration to win your case.

Rausch, Sturm, Israel, Enerson & Hornik is historically the laziest law firm in Texas. In the vast majority of cases they completely stop doing anything upon receipt of discovery. It is highly unlikely that it will ever get to the point of an actual trial. They do not need to enclose any "evidence" when they file the law suit. It is good that you filed your general denial but don't just sit and wait for something to come to you. You need to decide if you want to fight them in court or go through arbitration and immediately get the upper hand and get things rolling.

Negative items can only be reported for seven years while positives will usually show for ten years which can be to your advantage.

Of course they are deemed admitted if one decides to fight the case in court and does not answer them. I was under the impression that this OP wanted to use arbitration. What little I know about arbitration I have always understood that if they participate in discovery then arbitration could be rendered null and void. They should answer each item with "Objection- Defendant has elected private contractual arbitration per credit card agreement" or something along that line. No it will not just automatically go to arbitration. As I said follow @fisthardcheese's instructions that @Brotherskeeper posted earlier.

No, it will not suffice for answering their discovery. The General Denial is the answer to just the lawsuit itself to prevent you from being slapped with a default judgment. File the General Denial immediately then decide whether you want to defend yourself through arbitration or as a pro se in the court. If you choose arbitration do not answer the discovery items as that could invalidate the arbitration. Scroll up to where @Brotherskeeper posted @fisthardcheese's instructions on how to initiate arbitration.

Sorry I forgot to tell you- Type it in the same format as the petition you were served with the court and case information at the top of the page.

@calawyer https://thecomplexlitigator.com/post-data/2014/2/4/enough-with-the-gotcha-requests-for-admissions-and-the-procedural-tyrants-that-use-them

Exactly. Get it over and done with so you can move on with your life.

Do you realize you are replying in a thread that is 4-1/2 years old?

I seriously doubt that you have changed much either since your snidely mentor hasn't... If I perk up my ears I can almost hear him snickering all the way from Texas.

Always file a general denial immediately after being served no matter how you want to go about defending it. It is common to plead both Account Stated and Breach of Contract, actually quite rare to not see both. It is also common for that lazy-a$$ law firm to fail to answer discovery, fail to show up in court for any hearings, and even fail to file a non-suit. If you are being sued in a JP court you will need to get the court's approval to begin discovery.

Well excu-u-u-u-u-u-se me for copy/pasting the title of the article instead of spelling out what should be an obvious conclusion to anyone who has not been living under a rock the last few weeks.