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Sued by PRA in Dallas County


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Ok so I posted here before about being sued by Portfolio Recover Associates.  Well I filed my general denial and its been months.  PRA sent me some mail saying they had documents and I needed to sent them a written notification in order to obtain them.  I never responded to that.  Now I have a court date set for this Monday coming up.  Does anyone have any recommendations for this?  I have my cardmembers agreement that I will take with me and if things go wary, maybe I can ask for the private contractual arbitration as outlined in my agreement?  Any suggestions would be helpful.

 

 

 

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51 minutes ago, breturbo said:

Does anyone have any recommendations for this?

Is this in Justice Court and if so what precinct?  If it is 4 let me know I can give you a lot of insight on the Judge that hears those cases.

51 minutes ago, breturbo said:

I have my cardmembers agreement that I will take with me and if things go wary, maybe I can ask for the private contractual arbitration as outlined in my agreement?

The court will likely send you to their own mediation first at several hundred dollars for each party.

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9 hours ago, breturbo said:

4-1 Rideaux

Dang.  Was hoping it was Hubener.  

Have a motion to compel private contractual arbitration ready for court on Monday and be prepared to argue why that should prevail over the court supervised mediation.  Hopefully PRA will back down.

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What would be a legitimate argument? I do not know how they obtained my information or account?  I never signed anything with them? For all I know its fraudulent.

 

Do you know where I can find the motion to compel the private contractual arbitration?  Also will taking a copy of my card members agreement with me help?

 

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@Clydesmom  Is there anyway you can lend some more assistance?  This is what I am going to take with me on Monday when I go to court.  Will this be ok?

Docket No. JX

 

DEFENDANTS MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION

 

 

NOW COMES Defendant MY NAME, appearing Pro Se, hereby respectfully requests the Court to compel Private Contractual Arbitration and as grounds thereto states the following:

 

1.   That on or about March 17, 2016, Plaintiff filed its Complaint against Defendant.

 

2.   Defendant moves this court to compel binding Private Contractual Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

 

3.   The Credit Card Agreement, which is binding upon all parties and appended hereto as Exhibit B, specifies in clear language that private contractual arbitration shall be an available remedy at law for any dispute.  The pertinent part is highlighted for the convenience of the Court.

 

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”.

 

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17).

 

 

This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

5.   The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, 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 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna .

 

Defendant hereby moves to dismiss Plaintiff Portfolio Recovery Associates, LLC’s complaint pursuant to Rule 3.1330 of California Civil Procedures due to a lack of subject matter jurisdiction, and refer the matter to arbitration pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

 

6. The Defendant elects arbitration to settle this dispute.

 

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending Private Contractual Arbitration with JAMS (see Exhibit c, attached).

 

Respectfully submitted this day ________________, 2016

 

(MY NAME), Defendant, pro se

 

 

 

VERIFICATION BY AFFIDAVIT

 

Personally appeared before me, the undersigned, who on oath states that the facts set forth in this MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION are true and correct to the best of (his/her) knowledge and belief.

 

_______________________________________

 

Witness my hand and official seal this the _________ day of __________, _________.

 

(SEAL)

 

____________________________________

Notary Public

My Commission expires:

____ / ____ / ________.

 

I CERTIFY that I mailed a copy of this MOTION to:

 

XXXXXXXXXXXXXXXXX., Plaintiff's attorney

Their address

 

By: Your name typed, Defendant

 

Date: __________________, 2016

 

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9 hours ago, BV80 said:

You're in TX?

Yes I am in Texas.  I am not good at this at all, thanks for that catch.

 

Reading court rules now, wondering if I should include this

 

RULE 503.5. ALTERNATIVE DISPUTE RESOLUTION (a) State Policy. The policy of this state is to encourage the peaceable resolution of disputes through alternative dispute resolution, including mediation, and the early settlement of pending litigation through voluntary settlement procedures. For that purpose, the judge may order any case to mediation or another appropriate and generally accepted alternative dispute resolution process.

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@BV80, @Clydesmom

 

Alright, I changed it.  Would you mind taking a peek?  

 

Case No. JX16

PORTFOLIO RECOVERY ASSOCIATES, LLC.                                                §        IN THE JUSTICE COURT PR 4 PL 1

Plaintiff                                                                   §

                                                                                                                §

                                                                                §

                                                                                                                §                             

v.                                                                                                             §

                                                                                                                 §

My Name                                                                        §               DALLAS COUNTY, TEXAS

Defendant(s)                                                           §             

                                                                                                                 §

 

 

DEFENDANTS MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION

 

NOW COMES Defendant My Name, appearing Pro Se, hereby respectfully requests the Court to compel Private Contractual Arbitration and as grounds thereto states the following:

 

1.   That on or about March 17, 2016, Plaintiff filed its Complaint against Defendant.

 

2.   Defendant moves this court to compel binding Private Contractual Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

 

3.   The Credit Card Agreement, which is binding upon all parties and appended hereto as Exhibit B, specifies in clear language that private contractual arbitration shall be an available remedy at law for any dispute.  The pertinent part is highlighted for the convenience of the Court.

 

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”.

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17).

 

This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

5.   The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, 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 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna .

Defendant hereby moves to dismiss Plaintiff Portfolio Recovery Associates, LLC’s complaint pursuant to Rule RULE 503.5. ALTERNATIVE DISPUTE RESOLUTION (a) State Policy. The policy of this state is to encourage the peaceable resolution of disputes through alternative dispute resolution, including mediation, and the early settlement of pending litigation through voluntary settlement procedures. For that purpose, the judge may order any case to mediation or another appropriate and generally accepted alternative dispute resolution process., and refer the matter to arbitration pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

 

6. The Defendant elects Private Contractual Arbitration with JAMS pursuant to the Credit Card Agreement to settle this dispute.

 

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Card member Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending Private Contractual Arbitration with JAMS (see Exhibit c, attached).

 

 

 

Respectfully submitted this day ________________, 2016

(My Name), Defendant, pro se

VERIFICATION BY AFFIDAVIT

 

Personally appeared before me, the undersigned, who on oath states that the facts set forth in this MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION are true and correct to the best of (his/her) knowledge and belief.

 

_______________________________________

 

Witness my hand and official seal this the _________ day of __________, _________.

 

(SEAL)

 

____________________________________

Notary Public

My Commission expires:

____ / ____ / ________.

 

I CERTIFY that I mailed a copy of this MOTION to:

 

XXXXXXXXXXXXXXXXX., Plaintiff's attorney

Their address

 

By: Your name typed, Defendant

Date: __________________, 2016

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This is one of the leading TX Arbitration cases and it goes into detail about the procedure for compelling arbitration.

https://scholar.google.com/scholar_case?case=12177861992208009366&q=In+re+Big+B+Food+stores&hl=en&as_sdt=206

A few months ago, an OP from TX got her case dismissed with arbitration.  Read all her posts carefully.

http://www.creditinfocenter.com/community/profile/170441-pagrn/content/

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