texasrocker

I am assuming that a"ZOOM" hearing is an online or some other type of video court appearance that does not require actually showing up in person, correct? @fisthardcheese

Scott and associates are about as wimpy as Rausch, Strom and co. Too lazy to do any work if they don’t automatically get granted a default judgment when the vast majority of defendants fail to even file an answer.

Excellent. One of my favorite words, "non-suit"

One word- @fisthardcheese

They are not closing. Besides being one of the largest exchanges in the world they pretty much have a monopoly on American bitcoiners who enjoy the option of withdrawing cash. Even after raising their fees last October by 233% for "small time" (under $10,000 transactions) users they are still thriving very well. They are gaining so much popularity with the mainstream that they have applied for and are waiting for approval from the SEC to be listed on the stock exchange by the end of this year or beginning of 2021.

@fisthardcheese should know of a good place to look for one or someone else in the arbitration dept. will chime in. Most likely the plaintiff doesn’t have a copy of the agreement either.

Well said. I certainly share this opinion. Does not the wording on credit card agreement state "small claims court" instead of "small claims cases"?

If you ask me I’ll say it is contradicted, though vaguely, in the wording of the new Texas rules. We had a lengthy discussion last year on this topic. @BV80 likely knows right where to find it. As of then there were no known precedents set in Texas to specifically define “small claims courts” based on Texas’ new rules. In my opinion small claims courts in Texas are completely abolished, gone, and a relic of the past. The wording I recall is that “small claims cases” will now be heard in Justice (JP) courts with new procedures based on the new 500 series of rules in the TRCP but nothing whatsoever designating JP courts as the “new and improved small claims courts” or anything of that sort. As far as I know the small claims exemption in a credit card agreement has not had any bearing on any case that has landed on this forum.

I can’t help you with arbitration but look through my posts on the forums here to find my general denial. I just relocated to another state and my desktop computer with all of my legal notes and info on it are packed away deep in the abyss of a storage unit until I close on my new home hopefully by the end of this month. I am on my old laptop now with very few online things on it besides my I-phone jailbreaking tools. @fisthardcheese will soon see this and magically appear to walk you through the arbitration process. C’mon? Moi? Show me proof that any state has a statute stating that private contractual arbitration on a debt collection case can be forbidden solely because the defendant had already filed an answer to the lawsuit and I will send you a $100 bill. Use your brain- If you file said “MTC” in your state it is not in lieu of an answer, it is your answer.

You are dead wrong. One must file an answer by the stated deadline in the court papers being served upon them in any state whether or not they elect to use arbitration or to fight the case in court. In some states including Texas participating in discovery will render arbitration null and void but at the very least a general denial must be filed as soon as possible to avoid a default judgment.

@fisthardcheese

Small claims courts were abolished in Texas in 2013. We are not out to dispense any erratic information so please refrain from arguing with us as if we are working against you. We are here to help.

What is the amount you are being sued for? Scrap the "statute of frauds" defense. That would only cause you to appear as an idiot before the court. File a general denial immediately then think about what your next move will be.

A clause in the credit card agreement is trumped by state law and court rules. I didn't think they had already begun discovery, I was just clarifying it because the wording in your post could have easily been misunderstood by a "newbie." All I know about arbitration is what I have overheard here so whether or not they can start that process and then elect to abandon it and instead push for discovery should be directed to @fisthardcheese Regardless, one can motion for a continuance for any reason they so desire but it is up to the judge to decide to grant or deny it.

You cannot do both discovery and arbitration.