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  1. I was sued by Portfolio Recovery Associates LLC (OC was PayPal Synchrony), had court last week, and it ended really bad. I got a continuance for 90 days and will be going back in November, and I would really appreciate any help/advice I can get. So a little background story, I did not open this card, 2016 a relative stayed with me and basically opened a lot of stuff under my name, I tried paying some of it but I couldn't keep up and due to stress (I was in last semester of college - graduation, working full time, two kids, and also getting married the same year - then got my hours cut and wasn't able to find a job in my field) I just stopped paying everything. Once I found out I was sued, I was recommended to this forum and after looking at the different options, I decided to go the arbitration route. For months I searched around to try to learn as much as I could, reading @fisthardcheese's Arbitration post and searched around for other's post regarding arbitration in Texas, hoping to have everything covered but I still messed up. I really wish I had originally created a post and loaded all my documents to get it reviewed by everyone here. I sent an answer of denial and requesting arbitration within the time frame and mailed a copy of the letter to the lawyer. I received notice for date of trial and the lawyer had contacted me asking if I would negotiate but I read it was best to not reply. So for the next few months I worked on my MTC based off of those that loaded theirs here. A month before the trail I sent the MTC, Signed Affidavit, Proposed Order, and the original CC agreement to the court and I also sent the lawyer a copy of everything (everything I sent them was by certified mail). I checked the court's website and there was a comment next to my MTC saying "To be heard before trial - Defendant's Motion to Compel Private/Contractural Arbitration and to Stay Proceedings Pending Arbitration". So.. I went to court, and I did check with the clerk first regrading the "heard before trial" and she told me it just means he will ask me about it before we start the trial? So I waited, and he calls me up, they proceeded like normal, he asked the lawyer first, then he turns to me and ask if it was my account. That was when I told him I actually sent a MTC, he looked confused and looks at his computer and asked me if I had the contract that states arbitration as an option. I brought all the paperwork with me so I gave him the copy of the CC agreement I had sent in, he took a look at it and told me this is not valid and asked me why did I give him a copy of a credit card application. I was confused, I didn't remember reading about anyone running into this issue here. I told him I took it off the website (I could not remember what it was called) that had a database of the CC agreement based on the date they sent me. He started telling me that this was null and void because it was not signed and that I could have given him just any random contract. I was stunned and scared not sure what I can say and can't that wouldn't end up hurting me so I stayed quiet. He asked if the lawyer had any paperwork or the contract and I saw her hand over a copy which was very similar to mines, and not signed. He questioned that and she said it was an online application. He turned to me and told me that it did not even look like the one I sent him. I told him I got the copy based off the date the debt claim claimed I opened the account. THIS is where I messed up, I printed the wrong credit card agreement. Apparently I printed the March 2016 CC agreement, but it stated I opened it in May 2016. He then proceeded to ask the lawyer if she had any evidence, and she provided him the bill of sale, and a ton of statements. He showed me one where there was a payment and told me well it shows there were payments here, its yours, do you want to look through them? I told him yes, and I went through all the statements and saw that it was opened for less then a year and used within three months before there were no more charges to it. So I saw charges for California and I don't know why I panicked and told the lawyer I don't believe this is mine. I recall having a paypal but I didn't think it was this and I asked if she had copies of the payment sent. She was really nice... she told me that the account was open for a short period of time so she could send me forms to start a fraudulent process and find out of it is mine or not. So we both went up to the judge and she asked for a 90 days continuance and she let me keep all the paperwork she brought. After some digging on my part, I believe the account is mine. I have not filled out the paperwork she sent over to start the fraudulent process. I'm not even sure where to go from here... is arbitration even still an option? I did notice the copy of the contract she brought, she highlighted "2. We will not require you to arbitrate: (1) any individual case in small claims court". I did remember reading how Texas no longer has small claims and it's now done through Justice of the Peace, but at this point I'm sure the judge will probably tell me it's the same thing. Should I just call and try to negotiate??? I am really sorry about the super long post. I really messed up my case and I am so lost right now... any advice is greatly appreciated! Thank you! <3
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