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@LunarMom I'm not sure which earlier thread you're referring to but the way arbitration works (not court ran arb) is when your MTC Arb is approved the case is stayed although some judges may just dismiss it. Most likely the Judge sets a status hearing in the future to check on arb filing progress. After the MTC Arb is approved, it would be up to the Plaintiff to initiate with JAMS as covered above in the caselaw posted. If they do not, they'd be in violation of the court order to arbitrate.

See Texas Statutes Civil Practice and Remedies Code Title 7 Chapter 171 http://www.statutes.legis.state.tx.us/Index.aspx

and your civil procedure/justice court rules as well http://www.txcourts.gov/media/1084233/Texas-Rules-of-Civil-Procedure.pdf

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Here is a sample election. You will want to change the bank, law firm and check the exact wording in your agreement. 
 

I think this is the MTC I used with Cap One. Make sure you check the arb language, etc. Post it here before you file. Next we work on the answer. 
 

 

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6 hours ago, LunarMom said:

Here is the changed Motion to Compel. 

 

MOTION TO COMPEL given.docx

Yes, the election notice goes to the lawyer, certified, return receipt requested. It costs about $6 but you need this to have proof you mailed it and keep the tracking info and the green card when you get it back. 

You will file the motion to compel at the court, along with a copy of the election notice, a copy of the agreement with the quoted text highlighted (see attachment), a copy of the certified receipt and a certification that you served a copy of what you filed in court, to the lawyer (Certified return again). Send a copy of everything to the lawyer CRR also. 

You can check the language in this agreement, it should match but print out the arbitration section and double check with your MTC.  CapOne 2008 agreement 

You should send the notice of election this week but take your time on the MTC and answer, you have until the 24th, right? Check your court website for a sample answer doc and you can modify it for your MTC also, you will want your docs to look similar to the lawyers complaint. Don't worry, it sounds harder than it is. If you post the court link we can give pointers about font size, etc. Judges usually give pro ses a break but the more you follow the rules, the better. 

Here is a copy of the exact MTC I used, remember, the format, font spacing were specific to my county. (I am sure yours is similar but find a website.  My MTC sample

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15 hours ago, LunarMom said:

Can you look  this over for me, please? Let me know if it's ok. Thank you. 

MOTION TO COMPEL PRIVATE.docx

Looks good to me. Is that how the layout should look on the top for your court?

I noticed the spelling is wrong on 

"C) YOU MAKE SEEK A WAIVER OF THE INTIAL FILING FEE OR ANY OF THE" Initial

Also, check page three for name redaction.

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1 hour ago, LunarMom said:

How do I find out what layout is needed? 

There should be a court website which has sample answer forms, or you can just make it look similar to page one of the complaint from the lawyer. What county was it filed in, I can poke around. 

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14 minutes ago, LunarMom said:

Collin County. I really appreciate all your help Cliff. Thank you.

Section 2.2 talks about rules. http://www.collincountytx.gov/district_courts/Documents/DistrictCourtRules.pdf 

More info. http://www.collincountytx.gov/county_courtatlaw_clerks/civil/Pages/faq.aspx

Looks like your format may be ok. 
http://www.formsworkflow.com/d70860.aspx?partnercode=Justia


Post a redacted complaint to see how you should answer also. 

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I couldn't read your compel motion because it won't load in my browser, but.... I would file a Motion to Dismiss or in the alternative stay proceedings, and Motion to Compel Private Contractual Arbitration"   long title I know.

I would do that instead of filing an answer, that way

 

1.  you don't have to answer.

2.  If they do not initiate Arb after the motion is granted, when you go back you can get it dismissed with prejudice,

3. They may just decide to dismiss it and tell the company they need to go to arb.  If they don't, they won't be able to file in court again.

4.  I just think it is an easier way to go. :)

 

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2 minutes ago, LunarMom said:

"Post a redacted complaint to see how you should answer also."

I'm sorry I don't understand what you mean by this.

 

Post a copy of everything they served you but cover your name, address, case numbers, etc. 

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3 minutes ago, LunarMom said:

"Post a redacted complaint to see how you should answer also."

I'm sorry I don't understand what you mean by this.

 

You want your compel motion to look just like the  court papers you got when you were served.   So you know legal stuff on top on who is suing who, then a title said something like "notice to appear" or something, then paragraphs below telling you you are being sued, and your next steps.  That is the format.

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7 minutes ago, shellieh98 said:

I couldn't read your compel motion because it won't load in my browser, but.... I would file a Motion to Dismiss or in the alternative stay proceedings, and Motion to Compel Private Contractual Arbitration"   long title I know.

I would do that instead of filing an answer, that way

 

1.  you don't have to answer.

2.  If they do not initiate Arb after the motion is granted, when you go back you can get it dismissed with prejudice,

3. They may just decide to dismiss it and tell the company they need to go to arb.  If they don't, they won't be able to file in court again.

4.  I just think it is an easier way to go. :)

 

So they don't need to answer unless the MTC is denied?

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13 minutes ago, Cliff2009 said:

So they don't need to answer unless the MTC is denied?

I can't read .docx but in a past Texas thread most seemed to agree to file your MTC Arb as well as a general denial answer with private contractual arbitration as an affirmative defense. Even in Florida, as long as you include arb as an affirmative defense in an answer and file a MTC Arb at the same time you're safe from waiving your right to arb.

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Correct.  The only advantage to filing a separate MTC and an answer is if the motion is granted, the case is stayed, and you get a dismissed with prejudice they can never sue you for that debt again.  You can also ask for your fees back--cost of what you spend answering the suit.  If you motion to dismiss instead of an answer, they could dismiss with out prejudice--but to me it wouldn't matter because they cant take me back to court, they would still have to go to arb.

In my state I have to pay to file an answer, but I do not have to pay to file a motion.  So if I file a motion to dismiss in lieu of an answer, I saved myself 225.00  Every state is different.  Check and see if you have to pay to file an answer, if so you might be better off filing the motion to dismiss in lieu of an answer.  Some states charge to both answer and file a motion. each is different.

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