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shellieh98 @debtzapper @texasrocker @TomnTex

I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback.  I am seriously running out of times, and stressed. 

I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank.

In Texas, we only have 14 days to answer and I am seriously running out of Time.    I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA).  I am in the Process of preparing the following Answer/Motion.  I  have not heard back from the attorney, and I am running out of time.   

I am not sure if I am worried to much about the little things.  However, the original creditor was initially GE money.  They changed their name to Synchrony (according to the website).   I pulled up ALL of the agreements from the federal CC database.  All of the agreements are the same, but the initial one (which was similar), which has what I think is a survivability clause.  Not sure if I should use that first GE or the first synchrony statement.   (Would I put one or both as an attachment)  I think I should take out all of the formally known as & just put synchrony.  If I do, should I use the synchrony agreement.  So confused.

In Texas, does the attorney have to respond before I file the motion?   Do I include the Meet and Confer letter as an  attachment?  I know I have to include an affidavit stating everything is true to the best of my knowledge. 

Do I need to include a copy of the JAMS Demand form that goes to JAMS with the Motion?  Or can I wait on that?  That is holding me up, and I want to get this filed.

 

ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

COMES NOW Defendant PAGRN appearing Pro Se for her the following original petition answer and Motion to Compel Private Contractual Arbitration with Synchrony bank (formally known as GE Money Bank) and as grounds thereto states the following:

1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing cardholder agreement, which takes away both sides litigation rights in court.

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof.

3. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of both GE Money bank Credit Card agreement and Synchrony Bank Credit Card Agreement

(see Exhibit A, attached).

(see Exhibit B, attached).

4. The parties are bound by the Synchrony bank (formally known as GE Money bank) credit Card Agreement. The Arbitration Agreement states among other things:

(a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account.

(b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE

(c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.        

(d) Governing Law for Arbitration.  This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA).

5. The Federal Arbitration Act (FAA) 9 USC, Section provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

6.  The Defendant elects arbitration with Jams to settle this dispute.

(see Exhibit C, attached).

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Synchrony Bank pursuant to the GE Money Bank Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.

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Don't include both agreements.  Use the agreement that was in effect the last time your account was in good standing.  Also, personally I would not answer the law suit, I would file the motion as a MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVIATE CONTRACTUAL ARBITRATION.  that way saves you from having to deny, and saves you if they decide to file a MSJ right after you answer as some jdbS are known to do.

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Why wouldn't I want to deny?  If I didn't deny & did it as a separate document, then what would I say?

Would I answer and file the motion the same day? 

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In most jurisdictions, in regular court, defendant may appear via motion in lieu of the answer.

In this case especially, the two are conceptually like night and day.

The answer says you agree that the court has both personal and subject matter jurisdiction.

The motion says the opposite.

It says the court lacks subject matter jurisdiction, and you do not agree to submit to the authority of the court.

Obviously, the motion could be denied.

In that case jurisdiction and arbitration can be asserted subsequently as affirmative defenses with the answer.

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@ anyone that knows or can Help & shellieh98 @debtzapper @texasrocker @TomnTex

In Texas can you file a motion lieu of the answer.  If so or not, could take out the part that states I deny, and still put  ORIGINAL PETITION ANSWER AND MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION

Also, I know I am probably making myself sound stupid, but I am not sure why asking for arbitration is the considered the opposite of answering and general denial.  Is it just assumed that you are guilty if you are asking to arbitrate?  I thought essentially an arbitrator could determine instead of a court. 

And one more question, does it help your case/motion to have the following included.......(and nothing goes into the blank lines, correct?)

5.  The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION 131 S. Ct. 1740 (2011), states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a liberal federal policy favoring arbitration,Moses H. Cone , supra, at 24, and the fundamental principle that arbitration is a matter of contract,Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010 (slip op., at

6. In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The principal purpose of the FAA is to ensure that private arbitration agreements are enforced according to their terms. Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceable as written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . "

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In the context of proposed MTC arbitration, plaintiff's allegations are moot.

Even if all of plaintiff's allegations were true, the court could care less if the dispute is going to be handled out of court.

In some States, responding to complaint via answer actually waives arbitration!

Suggest OP study the concept of responding to a law suit via MTD.

"Answer" has a very precise meaning.

 

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@PAGRN

Since you want arbitration, you file the MTD/Compel Arbitration first.  If it's denied, then you file an answer

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@Happybluesky

1 hour ago, Happybluesky said:

In some States, responding to complaint via answer actually waives arbitration!

Which courts?

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@BV80

In Texas, Do you know if it ok to answer with a MTC? or would I file the motion and basically put ORIGINAL PETITION ANSWER AND MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION....with the motion. 

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I would hang on until a TX hand chimes in on the question of answering the complaint.

TX is a little different.

If I were you, for now, I would prepare two separate  filings:

1. Answer with private contractual arbitration as affirmative defense.

2. MTC arbitration. 

(Answer is a pleading. Motions are not pleadings. I don't see how you can combine the answer and MTC - it certainly wouldn't be logical.) //

Basically, answering the complaint and participating in discovery can be used by plaintiff in its opposition to a MTC private contractual arbitration. Previously participating in litigation mitigates against granting the MTC. Florida is one state where participating in litigation before filing MTC can be fatal.

 

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@Happybluesky

59 minutes ago, Happybluesky said:

Florida is one state where participating in litigation before filing MTC can be fatal.

That's the case in every state.   However, the courts differ on how much participation waives the right to arbitrate.  It can also depend upon whether or not arbitration was raised as a defense in an answer.

Hopefully, @texasrockerwill chime in .

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@CCRP626

In TX, "arbitration and award" would not be the proper defense because there has been no arbitration proceedings and no award.

We likewise find unpersuasive the argument that Transwestem failed to invoke the arbitration clause in its answer or prior to its filing, or before the setting of an initial trial date. It is arbitration and award that must be pleaded as an affirmative defense, not merely the right to compel arbitration. Transwestern Pipeline Co. v. Horizon Oil & Gas Co., 809 S.W.2d 589, 592 (Tex. App.-Dallas 1991, writ dism'd).

Rule 94

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.

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5 hours ago, BV80 said:

@Happybluesky

That's the case in every state.   However, the courts differ on how much participation waives the right to arbitrate.  It can also depend upon whether or not arbitration was raised as a defense in an answer.

Hopefully, @texasrockerwill chime in .

@BV80  We have seen many people in FL be denied their MTC due to the fact that they simply filed an answer and submitted to the jurisdiction of the court.  That is one state where simply filing an answer can derail a MTC, so I have been advising FL folks to always MTC first if their choice is going to be arbitration.

9 hours ago, PAGRN said:

@BV80

In Texas, Do you know if it ok to answer with a MTC? or would I file the motion and basically put ORIGINAL PETITION ANSWER AND MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION....with the motion. 

@PAGRN  You have been given the answer several times.  If you want to know whether TX allows a Motion in lieu of an answer, all you need to do is look up your court's rules.  I would not use the term "answer" in my motion, since my motion is not an answer.

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6 hours ago, BV80 said:

@Happybluesky

That's the case in every state.   However, the courts differ on how much participation waives the right to arbitrate.  It can also depend upon whether or not arbitration was raised as a defense in an answer.

Hopefully, @texasrockerwill chime in .

Of course they should  file an answer.  If you do not answer you are opening yourself to a default judgment. 

File your answer, even if it is just a general denial, before the deadline and then form your defense.

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@texasrocker

I sent PRA lawyer a meet and confer letter demanding arbitration.  Was told in Texas I did not have to, and maybe shouldn't have.  The CC agreement also states to send a letter, so I hope this did not hurt anything.  I need to file Answer ASAP.  The lady @ the court house stated to put the answer and MTC on one, as follows.  However, she is not a lawyer.  What do you suggest?  Should I change this and file an answer only.  If so, do you have a sample of how to answer.  Then file the MTC.  If I did it that way how long should I wait to file the MTC.

I know I need to attach an affidavit stating everything is to the best of my knowledge, and CC agreement.  I initially was planning on attaching the letter(meet& confer) too.  Not sure if I should attach the letter anymore.  Am I missing anything? 

ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

COMES NOW Defendant PAGRN appearing Pro Se in the original petition answer with the Motion to Compel Private Contractual Arbitration with Plaintiff Portfolio Recovery Associates as per the terms of the card agreement that governs the alleged account listed in the original petition and defendant thereto states the following:

1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing credit card agreement, which takes away both sides litigation rights in court.

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof.

3. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of credit card agreement.

(see Exhibit A, attached).

(see Exhibit B, attached).

4. The parties are bound by the credit card Agreement. The Arbitration Agreement states among other things:

(a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account.

(b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE

(c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.        

(d) Governing Law for Arbitration.  This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA).

5. The Federal Arbitration Act (FAA) 9 USC, Section provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

6.  The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION 131 S. Ct. 1740 (2011), states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a liberal federal policy favoring arbitration,Moses H. Cone , supra, at 24, and the fundamental principle that arbitration is a matter of contract,Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010 (slip op., at

7. In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The principal purpose of the FAA is to ensure that private arbitration agreements are enforced according to their terms. Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceable as written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . "

8. The Defendant elects arbitration with Jams to settle this dispute.

(see Exhibit C, attached).

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Portfolio Recovery Associates pursuant to the credit card a

greement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.

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It is imperative that you file your answer before the deadline.  After that first step you have plenty of time to formulate your defense.   

I am not the right person to ask about arbitration as I have no experience with it and do not have even a remote interest in it.  In my opinion  there is no reason to file a motion to compel until the plaintiff starts objecting or refuses to go along with it.  Why not just include in your answer that you elect arbitration per your right as described in the card member agreement?

 

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@texasrocker

So if I was to only elect arbitration,  would I do something like this (below)?  & include letter sent to lawyer & CC agreement.   Would I still ask to dismiss, Or just a basic general denial, and state I have elected arbitration.  I am so confused.  How long do you usually have before your court date?

ORIGINAL PETITION ANSWER AND MOTION DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

COMES NOW Defendant PAGRN appearing Pro Se in the original petition answer and has elected arbitration with JAMS with Plaintiff Portfolio Recovery Associates as per the terms of the card agreement that governs the alleged account listed in the complaint and defendant thereto states the following:

1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing credit card agreement, which takes away both sides litigation rights in court.

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof.

3. The parties are bound by the credit card Agreement. The Arbitration Agreement states among other things:

(a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account.

(b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE

(c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.        

(d) Governing Law for Arbitration.  This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA).

4. The Federal Arbitration Act (FAA) 9 USC, Section provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

6. The Defendant elects arbitration with JAMS to settle this dispute.

(see Exhibit A, attached).

(see Exhibit B, attached).

WHEREFORE, Defendant moves this Honorable Court to dismiss Plaintiffs original petition due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS, as defendant has elected private contractual arbitration with Portfolio Recovery Associates pursuant to the credit card agreement.

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7 hours ago, BV80 said:

@CCRP626

In TX, "arbitration and award" would not be the proper defense because there has been no arbitration proceedings and no award.

We likewise find unpersuasive the argument that Transwestem failed to invoke the arbitration clause in its answer or prior to its filing, or before the setting of an initial trial date. It is arbitration and award that must be pleaded as an affirmative defense, not merely the right to compel arbitration. Transwestern Pipeline Co. v. Horizon Oil & Gas Co., 809 S.W.2d 589, 592 (Tex. App.-Dallas 1991, writ dism'd).

 

Good catch but it sounds like the cardmember agreement is always attached to show the defendant is covered, so the arbitration clause would be invoked. Texas also has general denial. Along with its arbitration code which covers compelling arb proceedings and puts a stay on the case.    http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.171.htm

quoting the rest of your case-  Neither is it necessary for a party to make a presuit demand for arbitration. USX Corp., 759 S.W.2d at 768. The filing of a general denial to prevent entry of a default judgment in and of itself is insufficient to deny Transwestem the right to later seek to compel arbitration. In addition, we find that Transwestem's filing of its motion for a protective order in response to Horizon's discovery request (discovery which may not be available in arbitration) fails to reach such a level of substantial invocation of the judicial process as to constitute waiver.

 

4 hours ago, fisthardcheese said:

We have seen many people in FL be denied their MTC due to the fact that they simply filed an answer and submitted to the jurisdiction of the court.  That is one state where simply filing an answer can derail a MTC, so I have been advising FL folks to always MTC first if their choice is going to be arbitration.

I'm not sure why someone would answer when they just do the motion to compel but reading Florida case law filing an answer wouldn't be enough to waive your rights to arbitration. It's the participants involving themselves in discovery or other substantial litigation areas in court that derails their rights to arb.

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We can find no law that requires a party to make a pre-suit demand for arbitration that may establish its own liability where, if that party remains inactive, a claim may never be formally pressed in either arbitration or a court proceeding. General Guaranty Ins. Co., 427 F.2d at 928. Tenneco Resins, Inc. v. Davy Int'l, 770 F.2d at 420-21 (no waiver of right to arbitration where party waited eight months before moving for stay pending arbitration and had filed answer, interrogatories, and request for production of documents, moved for a protective order, and agreed to a joint motion for continuance requesting an extension of the discovery period); Rush v. Oppenheimer & Co., 779 F.2d 885 (2d Cir.1985) (party did not waive right to arbitration despite its 18-month involvement in litigation, including taking extensive discovery, moving to dismiss, and pleading affirmative defenses without raising its right to arbitration, where no prejudice to other party is shown).

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@CCRP626 @texasrocker @BV80 @fisthardcheese and anyone else that is willing to help,

If I understand correctly, I should wait to file a MTC.  Now file an answer ASAP, & state that I elect arbitration with PRA.   Should I keep the quotes from the cc agreement.  What is the best affirmative defense, and does that need to be in the answer?  I revised my original answer below.   I added that I send the letter to the lawyer, is that to much?  I was going to attach the letter and cc agreement.

Do you have an idea of how long it usually takes after you file the answer that I could possibly have to appear for anything in court?

PLEASE HELP

ORIGINAL PETITION ANSWER

COMES NOW Defendant PAGRN appearing Pro Se in the original petition answer with Plaintiff Portfolio Recovery Associates and has elected Private Contractual Arbitration as per the terms of the card agreement that governs the alleged account listed in the complaint and defendant thereto states the following:

1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration with JAMS pursuant to the terms of the governing credit card agreement.

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof.

3. On or about March 1, 2016, Defendant sent Portfolio Recovery Associates LLC, by way of certified mail, a meet and confer letter with demand for arbitration with JAMS to Plaintiff.  Request noted their attorney, xxxxx.

(see Exhibit A, attached).

(see Exhibit B, attached).

4. The parties are bound by the credit card Agreement. The Arbitration Agreement states among other things:

(a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account.

(b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE

(c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.        

(d) Governing Law for Arbitration.  This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA).

8. The Defendant elects arbitration with JAMS to settle this dispute.

WHEREFORE, Premise considered, Defendant prays that the plaintiff take nothing in this case; and the defendant go hence without day and cost of said suit be taxed against plaintiff.   

 

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@PAGRN is this Justice Court? Did you read the rules of civil procedure and your debt claim subsection if it's Justice Court?

http://www.txcourts.gov/media/1055394/trcp20150901.pdf

Follow what @texasrocker says. I'm not sure if your #2 is the same as a general denial under Rule 92, hopefully someone can look that over. You can see an example here- http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/FF31AD8A-CA4D-4642-9E8B-744A405D7835/answer_civil_final.pdf

If you do the Motion to Compel Private Contractual Arbitration, you can in addition to the FAA  reference the Texas Arb code- http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.171.htm

Sec. 171.021.  PROCEEDING TO COMPEL ARBITRATION.
Sec. 171.024.  PLACE FOR MAKING APPLICATION.
Sec. 171.025.  STAY OF RELATED PROCEEDING.

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