SAHMdawn

Court date approaching with portfolio recovery in texas

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If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?

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You can send your election letter to the Plaintiff now by Certified Mail return receipt. Amending your answer to include private contractual arbitration as an affirmative defense may be a good idea as well. See what your rules state for filing a motion and if there's enough time for the Plaintiff to receive it before the hearing to present an opposition. If there isn't enough time bring your Motion to Compel Private Contractual Arbitration to the hearing and inform the Judge and Plaintiff at that time you'll be filing to set up a future hearing date. It's best to have a motion ruled on even if the Plaintiff says they'll go voluntarily to arb. You can find later when they don't want to arb and there is no court order making them do so your court case can be harder to dismiss if it's just your word against their's for why arbitration didn't go forward.

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@ccrp626  Do you have an example of a Motion to Compel Private Contractual Arbitration?  I have court on Monday and I sent a general denial, I want to take that with me and try to opt for Arbitration if PRA doesn't back down.

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