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cshot37

Arbitration Issues In Texas

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Hi Everyone,  I have what I hope is a simple question.  I have used this forum in the past and have been able to get cases dropped using the recommendations of other users on this site.  Well, my wife had a case filed against her by Midland, and we have submitted our answer and a Motion to Compel Arbitration.  All seems wonderful, Right?  Wrong.  We are dealing with a court clerk that is a complete and total P.I.T.A. (Pain In The A..).  First she "lost" our answer and it wasn't found until I complained directly to the JP.  And now that we have filed a Motion to Compel Arbitration she is stating the we need an Order to file the Motion.  I know this can't be right or am I completely lost.  How can you have an Order to file a Motion to Compel?  This makes no sense.

The court clerk emailed me the following on Friday.

Your Wife just came in and filed a motion to compel arbitration. First there is not an order attached to this motion and second she did not sign the certificate of the motion.

 

I understand that if my wife didn't sign the motion that it cannot be accepted, but what does the clerk mean by "there is not an order attached to this motion"?  Any information on this would be helpful.

 

Thanks

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44 minutes ago, cshot37 said:

Hi Everyone,  I have what I hope is a simple question.  I have used this forum in the past and have been able to get cases dropped using the recommendations of other users on this site.  Well, my wife had a case filed against her by Midland, and we have submitted our answer and a Motion to Compel Arbitration.  All seems wonderful, Right?  Wrong.  We are dealing with a court clerk that is a complete and total P.I.T.A. (Pain In The A..).  First she "lost" our answer and it wasn't found until I complained directly to the JP.  And now that we have filed a Motion to Compel Arbitration she is stating the we need an Order to file the Motion.  I know this can't be right or am I completely lost.  How can you have an Order to file a Motion to Compel?  This makes no sense.

The court clerk emailed me the following on Friday.

Your Wife just came in and filed a motion to compel arbitration. First there is not an order attached to this motion and second she did not sign the certificate of the motion.

 

I understand that if my wife didn't sign the motion that it cannot be accepted, but what does the clerk mean by "there is not an order attached to this motion"?  Any information on this would be helpful.

 

Thanks

Perhaps the clerk meant that you need to attach an order for the judge to sign.   In other words, you might need to write a proposed order.   Check out the end of the following post.

https://www.creditinfocenter.com/community/topic/326150-sued-by-discover-in-ky-summons-contains-no-evidence/?do=findComment&comment=1324530

 

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1 hour ago, cshot37 said:

I understand that if my wife didn't sign the motion that it cannot be accepted, but what does the clerk mean by "there is not an order attached to this motion"?  Any information on this would be helpful.

Part of the MTC has to include a section for the Judge to either grant or deny it.  Once that is filed properly with your wife's signature and in the proper format they will schedule a hearing date on it.  That is when you will argue to the JP that it needs to go to arbitration.  Bear in mind that Texas has put into place their own mediation and they may try to push you towards it.  You want to stand firm for private arbitration in JAMS.  

Which county is this in?

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Thanks @BV80 and @Clydesmom 

I never thought about including an Order for the Judge to sign.  Guess that's what happens when you're new to this.  The cases I have had against me, I fought and have a .500 winning percentage.  My wife doesn't want to have to deal with all of the court issues and such so she is letting me handle all of the paperwork. 

And good thing is, in Texas Rules for Civil Procedures (500.4) states "Assisted Representation. The court may, for good cause, allow an individual representing himself or herself to be assisted in court by a family member or other individual who is not being compensated."

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