Sued by PRA on the same case in Texas

[willguy]

Today I was served in person at my home.  It was from the Justice Court. It was from Portfolio Recover Associates LLC on a same case by the same law firm that they had filed a Non Suit Without Prejudice 3 months ago when I file a Motion for Discovery. Since they refile the case, does that mean they now have proof to show to the court? Or they saw a Summary Disposition granted by the same judge on me by another JDB last month and they are trying to go that route?  

[WhoCares1000]

It means you file the same answer and same request for discovery that you did the first time and see what happens. If they try to file a non-suit again, file and opposition to their motion and request that the case be dropped with prejudice on grounds that they got their 2nd bite at the apple and that the collectors are using the courts to harass you.

There also might be a consent decree against PRA regarding lawsuits with the CFPB. I would look that up too.

[willguy]

I filed an opposition to the motion on the last case but the judge granted the Summary Disposition stating that the monthly statements their provided is sufficient enough to prove that the debt belongs to me. I am afraid that they'll do the same thing and the judge will be granting it to them as well just by them showing the monthly statements which I know they have. I am thinking into filing a Motion to Compel arbitration since the amount is only $2500 hoping that they will not go into arbitration.

I filed an answer to the court. So, do I files a MTC with the court now or wait until the pre-trial? Any help would be appreciated.

[willguy]

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

 I am thinking into filing a Motion to Compel arbitration since the amount is only $2500 hoping that they will not go into arbitration.

I already filed an answer to the court that does not include my intention to arbitration. So, do I files a MTC with the court now or wait until the pre-trial? Any help would be appreciated.

[fisthardcheese]

Who is the OC?

I would file the MTC as soon as you can and remember to send a copy to PRA's attorney.

[debtzapper]

15 hours ago, willguy said:

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

 I am thinking into filing a Motion to Compel arbitration since the amount is only $2500 hoping that they will not go into arbitration.

I already filed an answer to the court that does not include my intention to arbitration. So, do I files a MTC with the court now or wait until the pre-trial? Any help would be appreciated.

@PAGRN won her TX lawsuit  with arbitration.  Follow her threads in chronological order.   Maybe she will chime in

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

 I am sure @fisthardcheese can also advise, although I often wonder how he finds the time and energy to  not only post here so frequently, but also on the" other board."  And his posts are  long, detailed posts based on his extensive knowledge and experience with arbitration.

[fisthardcheese]

13 hours ago, debtzapper said:

although I often wonder how he finds the time and energy to  not only post here so frequently, but also on the" other board."  And his posts are  long, detailed posts based on his extensive knowledge and experience with arbitration.

Trade Secrets.

The threads from @PAGRN that @debtzapper posted above are a good example to go by.

[willguy]

On 2/25/2017 at 4:07 PM, fisthardcheese said:

Who is the OC?

I would file the MTC as soon as you can and remember to send a copy to PRA's attorney.

The OC is Citi Best Buy. It was opened when it was HSBC and then sold to CIti. I checked both HSBC and Citi agreement and they both go through AAA.

[willguy]

Eventually arbitration is not allowed in JP court. I filed my Motion for Discovery, approved by the judge and send the attorney the INTERROGATORIES, REQUESTS FOR 
PRODUCTION, REQUESTS FOR ADMISSIONS AND ADDITIONAL REQUEST FOR DISCLOSURE. I received their respond to it and they basically just object to everyone of it. So, what should my next step be? 

[fisthardcheese]

What do you mean by arbitration is not allowed in JP court?

[BV80]

5 hours ago, fisthardcheese said:

What do you mean by arbitration is not allowed in JP court?

I'm wondering if the OP is confusing court-mandated arbitration with contractual arbitration.

[willguy]

5 hours ago, fisthardcheese said:

What do you mean by arbitration is not allowed in JP court?

The judge told me the Justice of Peace court is considered small claim court so the arbitration could not be used as per the CC agreement.

[fisthardcheese]

1 minute ago, willguy said:

The judge told me the Justice of Peace court is considered small claim court so the arbitration could not be used as per the CC agreement.

Is that what the card agreement says?  HSBC does not have a small claims exemption in it.

[debtzapper]

12 hours ago, willguy said:

The judge told me the Justice of Peace court is considered small claim court so the arbitration could not be used as per the CC agreement.

Your judge just does not want to hear an arbitration defense in a debt collection case.

This is the Texas Code pertaining to arbitration.  It says nothing about arbitration not being used in a small claims court.

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

In this 2007 case, Citibank sued defendant for $3,000 ( an amount that would fall under the jurisdiction of a small claims court), defendant counterclaimed and then Citibank filed a Motion to Compel Arbitration.  
Defendant moved to set aside MTC but court said it had no jurisdiction to hear case.  It did not say MTC arbitration could not be filed in small claims court.   

https://scholar.google.com/scholar_case?case=15307512669897833606&q=motion+to+compel+arbitration++credit+card&hl=en&as_sdt=4,44,369

[willguy]

This is what the agreement said. It is Citibank, not HSBC.

• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court.

But it doesn't matter now as the judge already threw arbitration out.  I just need to know what step should I take next. My court date is on 5/8.  Thank you.

 

[Clydesmom]

11 hours ago, debtzapper said:

Your judge just does not want to hear an arbitration defense in a debt collection case.

This is the Texas Code pertaining to arbitration.  It says nothing about arbitration not being used in a small claims court.

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

In this 2007 case, Citibank sued defendant for $3,000 ( an amount that would fall under the jurisdiction of a small claims court), defendant counterclaimed and then Citibank filed a Motion to Compel Arbitration.  
Defendant moved to set aside MTC but court said it had no jurisdiction to hear case.  It did not say MTC arbitration could not be filed in small claims court.   

https://scholar.google.com/scholar_case?case=15307512669897833606&q=motion+to+compel+arbitration++credit+card&hl=en&as_sdt=4,44,369

Citi removed the arbitration option on small claims cases a few years ago.  The case law pre-dates the agreement that is binding in this case.  While TX law doesn't prohibit arbitration the terms of the card agreement do.

9 hours ago, willguy said:

I just need to know what step should I take next. My court date is on 5/8.

I would motion to compel their answers to your discovery.  Can you post here what you sent them?  Some of the discovery, RFAs and ROGs out there is garbage and that may be part of the problem.

[texasrocker]

2 hours ago, Clydesmom said:

I would motion to compel their answers to your discovery.  Can you post here what you sent them?  Some of the discovery, RFAs and ROGs out there is garbage and that may be part of the problem.

I am pretty sure he sent them the discovery items that I supplied to him on his initial lawsuit. 

It sure is funny that you are recommending that he proceed with exactly what you blatantly told me was absurd and will not work anymore a few weeks ago.  

[Clydesmom]

25 minutes ago, texasrocker said:

I am pretty sure he sent them the discovery items that I supplied to him on his initial lawsuit. 

Pretty sure isn't certain.  For all you know he turned around and sent something cut and pasted off the internet.  Hence the reason I asked him to post what was actually sent.

26 minutes ago, texasrocker said:

It sure is funny that you are recommending that he proceed with exactly what you blatantly told me was absurd and will not work anymore a few weeks ago.  

Depending on what you sent him it may not work.  Your bad advice has cost 3 Texas defendants a judgment in the past 3 months.   I don't find it funny at all.

[texasrocker]

23 minutes ago, Clydesmom said:

Pretty sure isn't certain.  For all you know he turned around and sent something cut and pasted off the internet.  Hence the reason I asked him to post what was actually sent.

Depending on what you sent him it may not work.  Your bad advice has cost 3 Texas defendants a judgment in the past 3 months.   I don't find it funny at all.

None of us are Perry Mason clones with a perfect record.   I sent him the same discovery items that I have been providing throughout the five years I have been here resulting in about 9 out of every 10 cases being victories.   The discovery is specifically designed to lead to a motion to compel their answers and to counteract in advance their so-called Holy Grail, Simien v. Unifund CCR Partners.

My point is that what you consider my "bad advice" is precisely what you are now advising so perhaps an apology would be in order.    Enough said.

.

[fisthardcheese]

17 hours ago, debtzapper said:

Your judge just does not want to hear an arbitration defense in a debt collection case.

This is the Texas Code pertaining to arbitration.  It says nothing about arbitration not being used in a small claims court.

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

In this 2007 case, Citibank sued defendant for $3,000 ( an amount that would fall under the jurisdiction of a small claims court), defendant counterclaimed and then Citibank filed a Motion to Compel Arbitration.  
Defendant moved to set aside MTC but court said it had no jurisdiction to hear case.  It did not say MTC arbitration could not be filed in small claims court.   

https://scholar.google.com/scholar_case?case=15307512669897833606&q=motion+to+compel+arbitration++credit+card&hl=en&as_sdt=4,44,369

Op used the wrong agreement. He used the bad Citi agreement instead of HSBC.

[debtzapper]

OK.  We go with litigation because of the small claims carve out.  We do what is necessary  in a particular situation.   We adapt and move on.  We do what's best for the OP--"the client."  Litigation has worked in the past for TX OPs.   Let us see if it can again.

[willguy]

17 hours ago, Clydesmom said:

Pretty sure isn't certain.  For all you know he turned around and sent something cut and pasted off the internet.  Hence the reason I asked him to post what was actually sent.

Depending on what you sent him it may not work.  Your bad advice has cost 3 Texas defendants a judgment in the past 3 months.   I don't find it funny at all.

I did use the discovery items supplied by @texasrocker. Now I need to write up a Motion to Compel the answers. Could anyone point me to the right direction on how to draft out the motion to compel?