PAGRN

Help! upcoming PRA arbitration hearing

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Hello @Harry Seaward & @shellieh98 & @fisthardcheese & anyone else that is willing to help,

I have an upcoming hearing in Texas against PRA.   I requested arbitration in my answer which was filed in March (I did not file a motion @ that time, I only requested arbitration in the Answer).  The hearing is set for this coming Thursday.  The court clerk stated the hearing is to argue my case of arbitration.  She stated to bring my supporting documentation. 

I did go ahead and file the MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION.  I did not file that until this past Wednesday.  I sent a certified copy to the PRA attorney.  Is it going to make a difference that I waited so long to file the motion?

Do I need to bring anything other than the cc contract  and the JAMS form??   I found a contract on one of the federal cc database website websites listed.  Is there anything specific I need to say in court.  or not to say?

In the JAMS form,  for claims and relief sought by claimant I stated, "violations of state and federal consumer laws."

Am I missing anything?

Thank you so much for your help!

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4 hours ago, PAGRN said:

Hello @Harry Seaward & @shellieh98 & @fisthardcheese & anyone else that is willing to help,

I have an upcoming hearing in Texas against PRA.   I requested arbitration in my answer which was filed in March (I did not file a motion @ that time, I only requested arbitration in the Answer).  The hearing is set for this coming Thursday.  The court clerk stated the hearing is to argue my case of arbitration.  She stated to bring my supporting documentation. 

I did go ahead and file the MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION.  I did not file that until this past Wednesday.  I sent a certified copy to the PRA attorney.  Is it going to make a difference that I waited so long to file the motion?

Do I need to bring anything other than the cc contract  and the JAMS form??   I found a contract on one of the federal cc database website websites listed.  Is there anything specific I need to say in court.  or not to say?

In the JAMS form,  for claims and relief sought by claimant I stated, "violations of state and federal consumer laws."

Am I missing anything?

Thank you so much for your help!

texasrocker doesn't really do arbitration.

Kind of dispute: Consumer.  Relief sought:  arbitration of private contractual  dispute.  Location: Nearest my hometown.  Expedited:  NO!

They may try to say the card agreement you have is not valid.  Insist that per federal caselaw. your copy from the federal database is valid.

 Under Rule 902(5), extrinsic evidence of authenticity is not required for “publication purporting to be issued by a public authority.” Under this rule, “a proponent of ESI could use the URL, date, and/or official title on a printed Web page to show that the information was from a public authority’s website, and therefore, self-authenticating,” according to Williams v. Long, 585 F. Supp. 2d 679, 689 (D. Md. 2008).

IGNORE THAT DAMN STRIKE THROUGH!

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@PAGRN, @debtzapper

Do your rules of civil proceedure require arbitration to be pled as an affirmative defense?  How did you "request" arbitration in your answer to the complaint? I don't know what credit card this is, but you might also check the OC website to see if the current agreement has an arbitration clause in it. If it does have the same or similar arb clause, that would blunt a possible argument that your copy of the cc agreement is not the right one.  Did you also submit an affidavit with your copy of the cc agreement attached as an exhibit?  I am not a lawyer and do not know Texas rules of civil proceedure and evidence, but in addition to 902(5), you may want to have at the ready a copy of the pertinent federal rule Credit Card Accountability Responsiblity and Disclosure Act of 2009 (CARD Act )See Title II, Sec. 204:

https://www.ftc.gov/sites/default/files/documents/statutes/credit-card-accountability-responsibility-and-disclosure-act-2009-credit-card-act/credit-card-pub-l-111-24_0.pdf

SEC. 204. INTERNET POSTING OF CREDIT CARD AGREEMENTS.

     (a) IN GENERAL.—Section 122 of the Truth and Lending Act (15 U.S.C. 1632) is amended by adding at the end the following new subsection:

     ‘‘(d) ADDITIONAL ELECTRONIC DISCLOSURES.—

          ‘‘(1) POSTING AGREEMENTS.—Each creditor shall establish and maintain an Internet site on which the creditor shall post the written agreement between the creditor and the consumer for each credit card account under an open-end consumer credit plan.

          ‘‘(2) CREDITOR TO PROVIDE CONTRACTS TO THE BOARD.— Each creditor shall provide to the Board, in electronic format, the consumer credit card agreements that it publishes on its Internet site.

          ‘‘(3) RECORD REPOSITORY.—The Board shall establish and maintain on its publicly available Internet site a central repository of the consumer credit card agreements received from creditors pursuant to this subsection, and such agreements shall be easily accessible and retrievable by the public.

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Great advice from above. Just make sure you bring the credit card agreement, if you have already filed with JAMS, any supporting docs. Your on the right path for arb.  I doubt PRA will follow if it's granted. If it's not, I would appeal that decision. 

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@shellieh98

I did not file with JAMS yet.  I contacted JAMS and received the forms.  The GE agreement states they will pay the fees. JAMS told me to ask them for the fees.   I sent a letter to PRA & attorney demanding arbitration with JAMS and requesting they pay the fees.  In addition, I completed the forms.  I have not heard from PRA or the attorney.  I plan to bring the letter and forms to the hearing.   

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@PAGRN

You should read the TX Arbitration Statute: 

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.171.htm

Under both federal and TX law, a valid arbitration agreement must be enforced by the court,

A 30 pg  guide to arbitration in TX courts by the Dallas Bar Assoc.

http://www.dallasbar.org/sites/default/files/enforcing_and_avoiding_aribitration_clauses_-_march_2012_cle_-_scott_mcelhaney_0_0.pdf

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You may want to submit this affidavit with your credit card agreement .

 

AFFIDAVIT

STATE OF XXXX


Name of your town 

COUNTY OF XXXXXXX



The undersigned, being duly sworn, does depose and say:


1. I am over the age of eighteen and believe in the obligation of an oath.


2. I am self represented as the Defendant in connection with the above captioned matter.


3. The Defendant hereby states the following facts:


4. The attached copy of the credit card agreement is a  true and correct copy of the actual credit card agreement governing the alleged account.






Dated at XXXXXX, on: DATE



________________________________


Subscribed and sworn to, before me, on:




_______________________________


Notary Public 

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Hello @Harry Seaward & @shellieh98 & @fisthardcheese & @Brotherskeeper & @debtzapper

 

I went to my hearing today, and was told they faxed in something today at 11:00 dismissing without prejudice.    That means they can file it again, right?  Do you think they would? Is there anything I can to try and prevent them from filing again?

I have all of my stuff printed, and ready.  I plan to keep the file, just in case.

 

 

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47 minutes ago, PAGRN said:

That means they can file it again, right?

Yes, it does.  But I haven't heard of many seeing a debt again, at least not from the same JDB.

Congratulations on your win!

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Thank @CommoSGT!!  I also thought it was unlikely they would file again.  I think they are looking for quick judgments.  I will keep all of my stuff, just in case. 

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48 minutes ago, PAGRN said:

Hello @Harry Seaward & @shellieh98 & @fisthardcheese & @Brotherskeeper & @debtzapper

 

I went to my hearing today, and was told they faxed in something today at 11:00 dismissing without prejudice.    That means they can file it again, right?  Do you think they would? Is there anything I can to try and prevent them from filing again?

I have all of my stuff printed, and ready.  I plan to keep the file, just in case.

 

 

That's great news! If they refiled, would the likely outcome be for you to submit the same arb affirmative defense as a bar to litigation and MTC? 

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Congrats!

The only suggestion I have for now is to sit quietly until the SOL expires or until you start getting collection letters/calls from another JDB on this same account.  Or if you find a violation on PRA and wish to sue them in federal court.  ;)

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@PAGRN

You did GREAT!    Most of the cases won on this board in TX have been through litigation.  I am glad you showed arbitration can work as well in TX.

You were given great follow up advice.  Everyone wishes you well.

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Hello Debtzapper,

@debtzapperI spent quite a bit of time searching, and I couldn't find many people on this board that chose the arbitration route in Texas.  Most of the people  I found choosing arbitration were in other states.  Do you find they are not choosing arbitration, or they do not win?  It seems that Texas has good arbitration rules to support the Federal rules.

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On 5/6/2016 at 8:07 AM, PAGRN said:

Hello Debtzapper,

@debtzapperI spent quite a bit of time searching, and I couldn't find many people on this board that chose the arbitration route in Texas.  Most of the people  I found choosing arbitration were in other states.  Do you find they are not choosing arbitration, or they do not win?  It seems that Texas has good arbitration rules to support the Federal rules.

@texasrocker is our resident TX member.  He does not do arbitration, but nevertheless has gotten many wins for OPs by using litigation.  He has a very busy personal work schedule, but still finds time to help others here, and there are often a LOT of TX threads here.   But you are right, that TX does have good arb rules and it is favored under state law.

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@texasrocker was actually very helpful when I was served, and in panic mode.  I also read many of his posts with other people.  However, he did state he does not favor arbitration, and directed me to a few others that do. 

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I have said many times that I can see the potential of arbitration being a good tool for obtaining a dismissal on a lawsuit for a relatively small amount.   

Congratulations on your dismissal, any win against a JDB is cause for celebration! 

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