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Found 18 results

  1. My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the court and requested a signed copy of the original credit card agreement from the debt collector. We stated that, based on the original credit card agreement that arbitration is the proper forum of resolution of this issue. It has been about two weeks and we still haven't received anything from the debt collector (including the copy of the credit card agreement that we requested). Should we expect that they will provide that to us before there is a hearing? Also, I am preparing to submit the motion to compel arbitration to the court. And looking at the sample motion to compel listed in the Arbitration Overview and Strategy (quoted below) I'm wondering if there needs to be any sort of case numbers where there are blanks below (in red)? And if so, where would I find those numbers? I am not involved in any field of law, so any help here would be greatly appreciated. Thank you so much in advance. “Rent-A-Center, West, Inc. v. Jackson , 561 U. S. __?__, _?___ (2010) (slip op., at 3)” “Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. _?__, _?__ (2010)”
  2. My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the Court and our motion to compel arbitration. We submitted her motion to compel arbitration to the Court on July 2, 2020, but we still have not heard anything from the Court. In the meantime, our demand for arbitration with JAMS has been approved and second-round sub has been sent a notice and an invoice for the deposit of $1750. My question is, should we submit to the Court our accepted demand for arbitration with JAMS as evidence to the Court in an attempt to get our motion to compel arbitration fulfilled?
  3. Recently served summons for breach of contract on a Barclays card. JDB is Unifund. I am currently battling PRA in magistrate for a separate suit (account stated) My knowledge to defend JDB revolves around traditional court litigation. After reading arbitration posts, I filed my answer. Denied everything. Affirmative defenses = lack of subject matter (arbitration), Statute of limitations. The scheduling order was made and entered the next day. It appears Unifund already filed a motion to vacate, is this the same as a continuance? Unifund did not attach a card agreement with their complaint so I'm not 100% certain arbitration is option. It appears most Barclays card agreements do have a arbitration clause. Q's Is Unifund known to follow the defendant through arbitration? Or more or less a sure thing they eventually walk? It's unlikely Unifund can prove breach of contract with proof of a written signed contract and I believe the Sol is close to or has passed (would need to argue accrual of time). Advise requested on the course of action to take before filing a motion to compel arbitration. Thanks
  4. Portfolio Recovery Associates in Dallas Texas, suing on debt from WebBank (Dell Preferred Account). Suit is in Johnson County Precinct 2, and attny is from Rausch Sturm. Amount is for $2,430 for debt less than 3 years old. I was served yesterday 9.17.19 at 8:00 pm Suing for breach of contract seeking damages for full amount I forget what all else I need to do. I will attach copies of the suit, and my documents for review. This will include a copy of the debt agreement. Here's my plan, based upon my reading and research on this site: 1. Initiate a JAMS claim, and notify the Plaintiff of my election of an arbitration. I have attached copies of what I'm sending) This includes a cover letter, the demand for arbitration filled out, copies of the agreement, and a notification that the Plaintiff is responsible for all fees. The letter to the Plaintiff states arbitration, and I will include a copy of the the demand for arbitration. 2. When my certified letter is confirmed received, I will file my answer with the court (also attached) that contains both a motion to compel arbitration and a general denial of the points brought forward on the suit. This includes sending a certified copy of the answer and MTC to the Plaintiff and Attny. Once this is done I think I just sit back and wait for them to withdraw the suit? How do my documents look? I understand there's a chance they will allow this to continue, and in which event JAMS will require a complaint. I am building that as we speak, but I'm hoping that they don't make it that far. I don't see them spending what JAMS will cost to secure a $2,400 debt that they probably spent less than $200 on. ADDITIONALLY, I've seen several posts making an affidavit and exhibit of the original credit agreement. Is this a good idea? Should I include that in the MTC answer? Or is my citing of it in the answer enough? Thoughts, corrections, comments, concerns? thanks so much 20190918_130028.heic SuitAnswerPublishable.docx NoticeOfMTCPublishable.docx DPA_Terms_Conditions.pdf 20190918_130028.heic 20190918_130036.heic 20190918_130042.heic
  5. Being sued by Cach LLC for a debt allegedly incurred my by defunct business for $31,000. Original creditor is Wells Fargo. Here are the bullets: Plaintiff Petition Filed 3/2015 Defendant Answered Petition 5/2015 Plaintiff Filed "MOTION TO COMPEL DISCOVERY RESPONSES AND TO SET DISCOVERY CONFERENCE" 6/2016 Plaintiff Filed "NOTICE OF HEARING ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES" 6/2016 All of the Plaintiff's communication was mailed to my now ex-wife's old house address, so I never received the communication. As a result, I was not able to respond to the Discovery request. I only made the discovery of these events through the online court system after they made their filings. Filed for and was granted Divorce in 8/2015, after my answer but about 10 months earlier than the recent Plaintiff's filings. My assets are nearly zero, I rent and do not own a home and I owe more on my car than it is worth and live near paycheck to paycheck. PLAINTIF'S MOTION TO COMPEL DISCOVERY RESPONSES AND TO SET DISCOVERY CONFERENCE HEARING IS SET FOR THIS FRIDAY Will be traveling for work on the day of this hearing and will be gone (2) weeks. My jobs has me out of town 21 days of the month. How should I BEST proceed from here? As it stands, they don't have my correct address and I cannot appear at the hearing. Any help would be GREATLY appreciated.
  6. I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then filed a Motion to Dismiss, or in the alternative, stay case and compel arbitration. However, I forgot when the pre-trial date was and submitted the motion only a few days before the pre-trial. The plaintiffs lawyer made very little attempt to negotiate a deal, instead she had a very rude and demeaning attitude, apparently she didn't even know that I filed for the motion (which I did send a copy to the plaintiffs law firm a few days before I even submitted it to the court) and that seemed to have made her angry or something. Nevertheless, at the pre-trial, the judge mentioned that he looked at my motion. The plaintiffs lawyer said that what I (the defendant) was doing is just common tactics to buy time and based on her experience I'm not going to file for arbitration. The judge asked her if she wanted to adjourn and she said no, he then denied the motion saying that we will see if he (The defendant) files for arbitration and if not then it will come back to court. That is where we stand now, the pre-trial was yesterday (Dec.3rd), and I'm pretty confused right now. I didn't expect the judge to dismiss my motion as the combination of their affidavit being expired and the arbitration clause in the agreement basically throws their argument out the window. My main questions and concerns are, how (at this point in the case) do I file for arbitration and who do I notify and how do I notify them? I've read many posts on how to initial arbitration but my situation seems a little different and I want to make sure I'm doing it correctly. Also, my concern is that if the plaintiffs lawyer send a summary disposition at this point, do I have to answer it or does that mean I am forfeiting my right to arbitration? Any help at all will be greatly appreciated, I'm really a tadpole in a lake when it comes to law, I'm just learning as I go basically. -- Abe
  7. Midland Funding filed a Motion of Opposition to Motion to Compel Private Arbitration citing that "defendants request for private arbitration is based upon exhibits which are not related to his account. The terms presented to the Court are not for Defendant's account and therefore not binding on this case". I believe that is because the exhibits submitted with my Motion are the current terms and condition of Synchrony Bank formerly GE Money Bank Care Credit, the alleged creditor back in 2008. I finally found an online copy of the 2008 GE Money Bank Care Credit Agreement Terms & Condition. Any recommendation as to how to respond to this?
  8. Hey All, Just received discovery responses from CACH, LLC. wherein they objected to my request for the purchase agreement on the grounds that it was protected as a trade secret. CA Evidence Code 1060. Has anyone had any success compelling this document from a JDB? If so, can you point me to a template? P.S. This is my first time posting, so if I didn't follow any of the normal procedures, my apologies in advance.
  9. Hello everyone, I may have put myself in a difficult situation and would greatly appreciate any advice. After submitting a general denial and BOP I moved and changed my address. I did file this change of address with the court as I had a hearing for a fee waiver 3 weeks after the move (August). This was months ago however I didn't receive any mail from the plaintiff until recently. The Request for Admissions and the Motion to Compel are in my hands right now. They've also sent a Request for Documents. So right now I'm trying to wrap my head around this: Plaintiff's Motion for Order that Matters In Request for Admission of Truth of Facts be Admitted and for Monetary Sanction Against Defendent... There is a hearing in a couple weeks for this. As for the Documents, I have none except for what they sent me (2 blank statements). The only information I've found on this site for a Motion to Compel is on the offensive, if any of you have advice or experience from the other end please please chime in. What are my options? Should I send in the responses now and hope the judge doesn't grant the motion? Thank you everyone!
  10. Hi- These forums have been extremely helpful as we've prepared defense paperwork on what appears to be junk debt buying by LVNV Funding represented by Nelson Kennard in Sacramento, CA. We responded to their discovery req. for Adm, Prod of Docs and Form Interrog. with help from many on this forum. We've met for CM and Settlement Conf. and trial date is set for 6/6/14. (At the CM and Settlement Conf., Nelson& Kennard sent a local atty who was not familiar with the case and appeared confused. He did agree to the trial date) We sent our own Discovery request on 12/31/13 and Plaintiff has not responded at all. We have read a lot of conflicting information on Motion to Compel - should it be sent? We've read on the forum that it forces the Plaintiff to do their homework, and it may be better to sit back and respond to any of their filings. We want to make sure we follow through with best practice for a most positive outcome. What is the next best step for us? More importantly, how do we correctly create and file a Motion to Compel Discovery and how do we create and file a "Motion to Deem admitted" our Req. for Admissions? We've researched and can't seem to find a "template" to follow for these 2 items. We would appreciate any guidance. On the forums, we've read that the date for the 45 day time period clock for filing a Motion to Compel starts with the date that the Responding party actually responds. We have not received any response, so are wondering if there is any due date for this since the time clock has not appeared to start. Lastly, can we request sanctions? How much is reasonable and is this a separate motion as well? Thanks!
  11. Just got off the phone with the scheduling clerk at the courthouse. I have a date for my Motion to Compel to be heard. What's interesting is that the attys for CACH opened the case--hours before I got to the courthouse to file my motion--but have filed no paperwork, nor have they requested any hearing, etc. The clerk was a little confused. Why would I want to schedule a hearing? It was gratifying, though, to have her say, at the end, "Sounds like you have it under control." Yeah. Because of good people who are willing to share their experience and knowledge! The other good news? I can send my Proposed Order to the judge by email, instead of slogging into downtown in this brutal weather that won't go away. YAY for that! I do have a question for anyone who is familiar with this particular wrinkle. I was sent discovery and rogs, a little over two weeks ago. I plan to send my answers to the rogs in order to avoid the "you didn't deny it, so you admit it" conundrum. But I would much prefer not to get into Discovery, as it could trigger the argument that I've gone too far in the judicial process to now go to JAMS. In addition to what I did when I sent the Motion to Compel to the other party, which was to argue that Discovery is best left for the determination of the JAMS arbitrator, does anyone have any suggestions?
  12. So, my motion to compel documents was granted. Midland didn't even send a lawyer, they no showed. I wore a suit, everyone thought I was an attorney until I stated my name and in pro per. The judge even commented that my motion was very well prepared. Now comes the interesting part. I was granted the motion because midland was late responding to my request for production of documents, and hence waived all of their rights to objection. They have to give me everything with no right to object. Now we'll see what they really have. I used ASTmedic's motion to compel as a starting point and tweaked it from there. Things are going alright for me so far, thanks to lots of help from ca lawyer, astmedic's thread and lots of other stuff on here. Next step is to beat these JDBs. I'd be happy to share my motion and separate statement with anyone going through the same business.
  13. I never received a outcome of a judgment from almost a year ago. As of yesterday I found out the outcome as I have 10 days to compel Post Judgment Discovery I may have 2 days left as I never received anything in the mail til the judge sent a order to compel. I have not been given credit on money I have attorney when we had court last year I provided the receipts to the judge. Come to find out she granted the attorney his judgment $2027.92, his court cost fee $307.00, and he said he had to pay attorney fees of $709.00 that he sent his partner he works with in his office to court. From the first day I walked in the attorney office I wanted to be reimbursed attorney fees from my ex I made this clear from the first day. I only got $1000.00 but better then nothing. Attorney didn't follow lied took the money think he work something out with my ex. I am not being threaten I will be arrested and lose my house. I just want this to be done. I am going to upload a statement attorney summited to court he made up all these fees but what can I do. I am the defendant. Has Balance on first line 265.70 this was paid 8/10/2011( should have had a credit) He is claiming hours10.4 at $195.00 $2028.00 Legal assistant $156.00 Legal research, travel, coping, phone, postage $78.22 Then I paid $500.00 10/11/11 ( should be credit) How is $2027.92 still owned from me and he told the judge this. I gave the receipts. Claim should be $1496.52 last year at court. Then judge gave him the $1000.00 my ex agreed to pay. I had to sign over to the court so that bring it down to $496.52 balance. What can I do I want this over I will agree to pay $496.52 to have this crooked attorney out of my life. att pay 3.PDF
  14. So, after a few months of inactivity in my JDB case (I have a few older threads regarding it), my hearing date for my motion to compel discovery is a few weeks away. I'm wondering what I should be expecting here. Do i 'argue' my case or does my Motion and seperate statement speak for itself, and I just explain and reiterate the facts? Does the judge rule on it then and there? This will be my first time in front of the judge for this case. I'm confident in the preparation of my motion and statement, but still a little nervous.
  15. General Info About My Case Info About My Bop Request Info About My Request for Docs I just started to work on a motion to compel further response and I was wondering if I should include information about the BOP request & dropping the first cause of action in the background section or if I should only talk the request for docs. Also, should I make it a motion to compel further response or in the alternative an order to preclude? And just to make sure, I will need to submit? Notice of Motion to Compel Further ResponseMotion to Compel Further ResponseExhibitsSeparate Statement in Support of Motion to Compel Proposed Order with Sanctions
  16. I filed to have a motion to compel bop (or preclude as Calawyer explained I should do and I did) and it is SOON- I'm wondering what to expect during the hearing. A little background info: 1) I'm in CA 2) a tentative ruling will be posted the day prior to the date 3) I have rec'd the plaintiff's opposition to the motion 4)Im in the process of writing up my reply What happens if am granted my motion to compel? or the motion to preclude? What happens if it is denied? Do I go to court the next day regardless? I'm afraid not to go so I'm pretty sure I will go either way.....just looking for a little insight. Thanks in advance!!
  17. I am wondering if there is a case where somebody has won a motion to compel in regards to a BOP where there is both account stated AND breach of contract.