PAGRN

Wanting to file a motion to compel arbitration with JAMS

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Hello,

Does anyone know where to find an older credit card agreement?  Also, I am trying to  file a motion to compel arbitration with JAMS.  Do I need the credit card agreement from when the account that was originally opened with GE Money or when Synchrony took over in 2013?  How could filing this motion to compel arbitration backfire on me?  Is there a reason the judge would not approve it? 

I have found from my research, I need to attach both "a copy of the credit card agreement", and "notarized statement that the agreement is the correct one to the best of my knowledge" to the motion.  I also need to send this certified mail to the PRA attorney.  Do I send that before or after filing the answer/motion?  And am I missing any steps.  If anyone has any good copies of the motion, it would be greatly appreciated. 

I have been sued by Portfolio Recovery Associates LLC, PRA in the state of Texas for close to $1100.00, court cost, and all other relief to which plaintiff is entitled.  I am in Texas, and I have 14 days to respond, and I have been spending the last few days researching as much as possible.  & trying to learn from others mistakes. 

This account is still within the SOL.  After researching for several days, I think the best thing to do is file a motion to compel arbitration.

Facts listed on the original petition.  State alleged account opened with Synchrony Bank August 2011, (Which was GE Money @ the time).  They stated last payment was September, 2013.   The credit card account was subsequently closed April 14, 2014. PRA took over the account February 2015.

Being sued for:  Count 1: Breach of contract    Count 2: Account Stated

No exhibits, no affidavits, no statements, nothing but the original petition and citation. 

Also, I found some wording for an ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION.

Should I file that, or keep it simple and file just the ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION

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Also check www.cardmemberagreements.org.

 

I have found from my research, I need to attach both "a copy of the credit card agreement", and "notarized statement that the agreement is the correct one to the best of my knowledge" to the motion.  I also need to send this certified mail to the PRA attorney.  Do I send that before or after filing the answer/motion?  And am I missing any steps.  If anyone has any good copies of the motion, it would be greatly appreciated. 

You need to include the copy of the agreement and the affidavit as attachments to the MTC.   Anything you file with the court also gets sent to the plaintiff's attorney.    Go to the court clerk, file the MTC, get another copy stamped, and send that to the attorney.

There are sample motions here, look at the thread titled Strategy and Steps of Arbitration.

 

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If you account was open and in good standing when it was changed to Synchrony, use that card agreement.  If it was already in default, then use the GE agreement.  In most cases you can google search and find many older agreements.

 

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Thanks to @CCRP626 for the suggestion.  Complaining to the CFPB got me a 2008 Citibank CC agreement with a letter identifying my account by number. Judge ruled downloading wasn't specific enough so don't let them trick you into admitting that.

See here and here.

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