harima Posted August 28, 2018 Report Share Posted August 28, 2018 Good Afternoon, I am really new here and still learning some of the acronyms so bare with me. I am being sued for 2 different civil citations by PRA. I did an Answer for the first one I was served and I just served another civil citation today. My question is once I do the Answer what is the next step? Normally, do they even show up to court? I am so confused as this has never happened to me before. Thanks! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted August 28, 2018 Report Share Posted August 28, 2018 23 minutes ago, harima said: Normally, do they even show up to court? Yes, they show up. 23 minutes ago, harima said: My question is once I do the Answer what is the next step? Are you in Justice Court or District Court? Who are the original creditors they bought the accounts from? Quote Link to comment Share on other sites More sharing options...
harima Posted August 28, 2018 Author Report Share Posted August 28, 2018 The first one is Home Depot and the other is Walmart Quote Link to comment Share on other sites More sharing options...
harima Posted August 28, 2018 Author Report Share Posted August 28, 2018 This is in a Justice Court Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 28, 2018 Report Share Posted August 28, 2018 Home Depot is Citi, Walmart is Synchrony. You can definitely use arbitration with Synchrony. Citi is a little more tricky. They have a "small claims" exemption in their agreements, so PRA will likely try to use that to get out of arb on that one. The thing that works in your favor is Citi never defines "small claims" and consumers have previously prevailed on this argument. What are the amounts of the debts? Read this for more info on using arbitration. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Quote Link to comment Share on other sites More sharing options...
harima Posted August 28, 2018 Author Report Share Posted August 28, 2018 1 hour ago, Harry Seaward said: Home Depot is Citi, Walmart is Synchrony. You can definitely use arbitration with Synchrony. Citi is a little more tricky. They have a "small claims" exemption in their agreements, so PRA will likely try to use that to get out of arb on that one. The thing that works in your favor is Citi never defines "small claims" and consumers have previously prevailed on this argument. What are the amounts of the debts? Read this for more info on using arbitration. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Home Depot is $1800 and Walmart is $ 3150 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted August 28, 2018 Report Share Posted August 28, 2018 1 hour ago, Harry Seaward said: Home Depot is Citi, Walmart is Synchrony. You can definitely use arbitration with Synchrony. Citi is a little more tricky. They have a "small claims" exemption in their agreements, so PRA will likely try to use that to get out of arb on that one. The thing that works in your favor is Citi never defines "small claims" and consumers have previously prevailed on this argument. There is one more problem. In Texas you must raise using private contractual arbitration as an affirmative defense in your answer. Failure to do so has resulted in the courts ruling that the consumer has waived that right. The OP would need to see if they can file an amended answer if they want to use arbitration. Quote Link to comment Share on other sites More sharing options...
harima Posted August 29, 2018 Author Report Share Posted August 29, 2018 Hi, Okay so exactly how would i file Arbitration? Is their an example of this and how long do I have to file this? Do I file this to the court and to the debtor? And lastly I know I sound stupid but I'm fairly new but what does OP mean? I'm still learning the acronyms in here. Thank you for your help. Quote Link to comment Share on other sites More sharing options...
harima Posted August 29, 2018 Author Report Share Posted August 29, 2018 Hi, Okay so exactly how would i file Arbitration? Is their an example of this and how long do I have to file this? Do I file this to the court and to the debtor? And lastly I know I sound stupid but I'm fairly new but what does OP mean? I'm still learning the acronyms in here. Also should I hire an attorney? Thank you for your help. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 29, 2018 Report Share Posted August 29, 2018 I gave you a link to read in my last post. Quote Link to comment Share on other sites More sharing options...
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