aTex-vet-42

Texas JP court & P.R.A. LLC

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3 hours ago, fisthardcheese said:

You have a granted MTC from the court, correct? 

@aTex-vet-42 You have been at this for quite a while.

When PRA refiled the lawsuit after the first dismissal without prejudice, did your second general denial answer include arbitration as an affirmative defense?

Did you file your MTC? Was it granted? If so, it would be a court order to compel PRA to arbitrate its claims in AAA. 

Here's the problem as I understand it: It's hard to tell from the redactions, but it looks like you listed Rausch Sturm as the Respondent in the AAA demand. Do you have a claim against the law firm rather than the plaintiff, PRA? Rausch Sturm wrote back that they do not have a copy of the agreement containing the arbitration clause. The exerpt of the agreement you included in your AAA demand is for "a third party" (PRA as assignee of Synchrony big box store), and not an agreement with the law firm. (IANAL) wouldn't any claim against the law firm be one that arose from representing PRA? 

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6 hours ago, fisthardcheese said:
 
 

AAA rejected your filing for not including something, or some how they didn't recieve it, either way it doesn't matter.  Simply start over.  Don't even think about anything else dealing with AAA up to this point as it will only add confusion. Start over from scratch.  Start with the Demand Form.  The instructions are right on the form.  Read them and double read them.  Go slow and deliberate in following those instructions.

You have a granted MTC from the court, correct?  Include that with your filing.  Email the new filing and CC the PRA attorney.

@fisthardcheese I do NOT have a "granted MTC from the court". When the JoP told me during the last hearing - where he dismissed WITHOUT prejudice he said, if they do refile then please submit any additional forms early, he then said something (paraphrase) 'my staff should not of told you to not submit forms early.'

so this 2nd time around - back in Feb -here is what I did:

On 2/21/2020 at 11:44 AM, aTex-vet-42 said:

so here we go again....yippy skippy.

 

(X) AAA arbitration form filed online with attachments and paid for in the "Fast file" page.

(X) printed off 3 copies of the AAA form 1 as exhibit A in my answer a)court, b)PRA LLC copy to be mailed, c) mine

(X) printed off 2 copies of the arbitration agreement page as exhibit B for court as listed in "answer" a)court, b) mine

(X) printed off the "Answer" -3 copies. a)court, b) plaintiff, c) mine

(X) printed off the MTC -2 copies. a)court & b) mine

(X) printed off order to compel courtesy copy for court (2X) just incase

(X) printed off copy of AAA receipt with confirmation number

oops, discovered all out of envelops.... need to get them enroute to filing with JoP & mailing courtesy copies to PRA LLc "Rausch".

off to file.... (fingers cross) all goes smoothly in my favor.

so, at this point, I also Just saw BrothersKeepers reply and answered her wisdom... so, now I should refile online at AAA against PRA with their Virginia address and NOT  R-L but, have a CC for *them* ???

Edited by aTex-vet-42
typo's and add update ref. Brotherskeepers reply below

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2 hours ago, Brotherskeeper said:
 
 

@aTex-vet-42 You have been at this for quite a while.

When PRA refiled the lawsuit after the first dismissal without prejudice, did your second general denial answer include arbitration as an affirmative defense?

Did you file your MTC? Was it granted? If so, it would be a court order to compel PRA to arbitrate its claims in AAA. 

Here's the problem as I understand it: It's hard to tell from the redactions, but it looks like you listed Rausch Sturm as the Respondent in the AAA demand. Do you have a claim against the law firm rather than the plaintiff, PRA? Rausch Sturm wrote back that they do not have a copy of the agreement containing the arbitration clause. The exerpt of the agreement you included in your AAA demand is for "a third party" (PRA as assignee of Synchrony big box store), and not an agreement with the law firm. (IANAL) wouldn't any claim against the law firm be one that arose from representing PRA? 

SO, *THAT* looks like a very legit ADHD/Dyslexic boo-boo on my part. I should of had PRA LLC as the respondant not R-L! and used the PRA virgina address info as the respondant not R-L "their atty of record".

@Brotherskeeper That sound like I understand you better?

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1 hour ago, aTex-vet-42 said:

I should of had PRA LLC as the respondant not R-L!

Yes--if your AAA demand claims are against PRA as assignee of Synchrony. If you have separate claims against the law firm, then you would list the firm on the Demand form. "6. Attach additional sheets or forms as needed."

1 hour ago, aTex-vet-42 said:

and used the PRA virgina address info as the respondant not R-L "their atty of record".

This AAA form asks for the Business name and address and the "Business’ Representative (if known):" and, 6". Please provide contact information for both the Consumer and the Business. Attach additional sheets or forms as needed."

https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf

(IANAL) If you are electing arbitration per the Synchrony card agreement,  instead of court, to settle the disputes of this refiled lawsuit, then the Plaintiff PRA is represented by counsel Rausch Sturm. Check your Texas rules, but I believe you would send all correspondence to Plaintiff via its attorney. 

 

1 hour ago, aTex-vet-42 said:

did your second general denial answer include arbitration as an affirmative defense?

Unless I missed it, you haven't answered this question

Why do you want to go ahead and formally file another demand with AAA while you have a MTC arb pending before the court? What is your strategy? 

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1 hour ago, Brotherskeeper said:
 
 

Yes--if your AAA demand claims are against PRA as assignee of Synchrony. If you have separate claims against the law firm, then you would list the firm on the Demand form. "6. Attach additional sheets or forms as needed."

This AAA form asks for the Business name and address and the "Business’ Representative (if known):" and, 6". Please provide contact information for both the Consumer and the Business. Attach additional sheets or forms as needed."

https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf

(IANAL) If you are electing arbitration per the Synchrony card agreement,  instead of court, to settle the disputes of this refiled lawsuit, then the Plaintiff PRA is represented by counsel Rausch Sturm. Check your Texas rules, but I believe you would send all correspondence to Plaintiff via its attorney. 

 

Unless I missed it, you haven't answered this question

Why do you want to go ahead and formally file another demand with AAA while you have a MTC arb pending before the court? What is your strategy? 

Okay, so let me refresh. I this second go-around. my initial answer does in fact have "electing to goto arbitration".... so I should just have everything filled out and ready for the hearing and allow the judge to give approval before filing again?

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55 minutes ago, aTex-vet-42 said:

Okay, so let me refresh. I this second go-around. my initial answer does in fact have "electing to goto arbitration".... so I should just have everything filled out and ready for the hearing and allow the judge to give approval before filing again?

A court order in hand compelling them into arb, with a stay of the court case pending arbitration, puts you in a much stronger position than if you have to fight in court without knowing the outcome of your MTC, plus proceeding along in AAA with your arb claims.

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okay so demand for arbitration PDF is filled out "Correctly" this time.

A) I am the consumer.

b) PRA LLC is the business.

C) For the business representative info, I filled in some of it.

-made 3 copies of the PDF

 

Now to go through all the stuff I had setup for last court hearing weed out the chaff.

I did see I had a form prefilled out for the court to use for appoval of the MTC ... i'll double check it to see if its still properly and correctly filled out.

Because its a Zoom meeting - AKA video conference website; I was thinking of going over to the JoP parkinglot and using their WIFI signal for the bandwidth and likely stable web-feed.

Plus the added possible bonus of being able to instantly drop off this fresh copy of the Demand for ARBitration as well as the approval of MTC?

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19 hours ago, aTex-vet-42 said:

I do NOT have a "granted MTC from the court". When the JoP told me during the last hearing - where he dismissed WITHOUT prejudice he said, if they do refile then please submit any additional forms early, he then said something (paraphrase) 'my staff should not of told you to not submit forms early.'

Wait, wait, wait.  Your case was dismissed in court????  Then DROP THIS.  It's over.  Why are you trying to open up something against yourself????  If this were me, I would be super thankful that AAA closed the case due to omission and LEAVE IT ALONE.

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3 hours ago, fisthardcheese said:
 
 

Wait, wait, wait.  Your case was dismissed in court????  Then DROP THIS.  It's over.  Why are you trying to open up something against yourself????  If this were me, I would be super thankful that AAA closed the case due to omission and LEAVE IT ALONE.

MY hearing for the "Reboot" is after lunch today. You see back in February PRA/Rausch opened to sue again in JoP court.

got alternate served. Sent my "Original answer" for this 2nd case (same issue) back in February with the election of arbitration and gave a copy of the MTC along with the "original answer".

So, sadly, I am going back to court over an alleged debt that was NOT dismissed with prejudice EVENTHOUGHT they no-showed the case.

 

@fisthardcheese and @Brotherskeeper Thanks you two....

parting update....edit... got zoom installed on phone and it appears to be working correctly. (fingers crossed) will be leaving shortly to go be in the JoP's parkinglot to use their WIFI as it will likely be much more stable then our DSL.... will update when i get time tonight.

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@Brotherskeeper "Thank you."

IT was stressful, I can not lie. trying to get the counties wifi to cooperate for the 1/2 hour i was there early.... got it solved like 5 minutes before the Zoom hearing.

JoP was very patient as I fumbled thru the on screen settings showing that i had headphones at the ready if he couldn't here me... then getting the default to "unmute" he was actually giggling as I was fumbling thru the setup.... once it was good & solid  with no lag he said something like okay, shall we begin...

 

He wanted to clarify that I wanted to go with the MTC and wanted to make sure I "knew" what that meant, then he brought the R-S guy on the screen who wanted to talk about a mediated direction.

 

i said no thank you I had been doing some reading and meditating and have decided this is the route I feel comfortable going with. JoP didnt try to perswade me and when he asked the R-L guy if he had any objection? The R-L guy was (deep sigh) "No I do suppose I have an ubjection but, I don't recomend it as I had already said (another medium sigh), then the JoP started to write on paper and said, Okay, I am granting the Motion to compel.

I ask the JoP how I would be recieving a copy of it, he said well, seeing as how your in the parking lot, you can come inside in a minute and we will give you a copy.

so then I fumbled with the button in the screen to leave the session while getting to hear the JoP talk about getting the next case lined up and unmuted....

So, after I was screen turned off. I took a deep breath and said "thank you to y'all here who have now helped me get to this safe "staging point" where I can now take a breather and prep for the stages of ARB........

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10 hours ago, aTex-vet-42 said:

He wanted to clarify that I wanted to go with the MTC and wanted to make sure I "knew" what that meant, then he brought the R-S guy on the screen who wanted to talk about a mediated direction.

Fantastic outcome! It sounds like you had a pretty good judge yesterday. You were prepared for the hearing. The JDB's attorney didn't have a persuasive argument against your motion to compel or a legitmate objection he could muster. The judge decided you should prevail. 

Just so you know, in a couple of recent cases here on the forum, PRA has actually paid the initial filing fee for arbitration. I believe it has been where the debt amount is a little more than yours is. I would suggest you reread Fisthardcheese's pinned thread on arbitration now that your motion has been granted to see your possible strategic next steps. 

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55 minutes ago, Brotherskeeper said:

Just so you know, in a couple of recent cases here on the forum, PRA has actually paid the initial filing fee for arbitration. I believe it has been where the debt amount is a little more than yours is. I would suggest you reread Fisthardcheese's pinned thread on arbitration now that your motion has been granted to see your possible strategic next steps

Yes, PRA seems to be either hiring cowboy attorneys or in some states they are deciding to eat the arb costs an come out negative or even for some odd reason.  But this is not ALL PRA cases.  However, one you file and have confirmation of acceptance from AAA, be sure to let us know each step in the case because dragging your feet and making sure things are done in a long, drawn out and deliberate manor with PRA is more essential than before.

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MY plan / goal is to re-read that thread (I have it saved and open in a seperate tab too) to go thru and draw a "bullit time line' of sorts to *See* the steps clearly that i have to do.

then post it here as a rough drawing... Think of the "IF--> Then" charts for troubleshooting "X".

(deep breath - pause -exhales slowly)

I am hoping to make a clean and clear picture diagram to be uploaded for future folks to see and use as we all know... not everyone is a text based only learner. some are visual - still others are auditory..... and still others are *hands on*....(shrugs)

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