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Arbitration help @fisthardcheese or @BV80


ant12
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Being sued by Portfolio in Texas JP court. Amount is 6000.00. I have filed motion for discovery and it was granted by court. Portfolio provided an Affidavit which was prepared in anticipation of trail. (I see that as only Loophole) Also provided copies of an agreement and 3 partial statements. The original creditor was Lowes, which is now synchrony bank, which the agreement they provided in discovery states arbitration available. Judge sent letter stating would set a court date in 90 days. That leaves 70 days or so till court date will be set. What should I file with court to get this in arbitration?  Thank you.

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20 minutes ago, ant12 said:

Being sued by Portfolio in Texas JP court. Amount is 6000.00. I have filed motion for discovery and it was granted by court. Portfolio provided an Affidavit which was prepared in anticipation of trail. (I see that as only Loophole) Also provided copies of an agreement and 3 partial statements. The original creditor was Lowes, which is now synchrony bank, which the agreement they provided in discovery states arbitration available. Judge sent letter stating would set a court date in 90 days. That leaves 70 days or so till court date will be set. What should I file with court to get this in arbitration?  Thank you.

You need to file a motion to compel arbitration.  The following thread includes a sample MTC  

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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It should work very well.  Starting now, your only focus should be on the matter of arbitration.  Once you file the MTC it completely stops talk of any alleged debt and puts the focus on one thing only: Is there a valid agreement to arbitrate.  In your case, the Plaintiff provided the card agreement with the arbitration clause, therefore, they will not be able to object to the validity of the contract.  You should state in your MTC that you agree with the Plaintiff that the card agreement they provided is a valid agreement that governed your previous account with Synchrony Bank (note, this only means you agree you once had a synchrony account, not that you owe anything).  All case laws state that once a contract is determined by court to be valid, they MUST grant your motion to arbitrate.

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  • 2 months later...
7 minutes ago, lilladyy said:

@fisthardcheese Are you still able to file a motion for arbitration once you file a motion for discovery?? I am in the process of filing an answer for a PayPal synchrony and not sure to go ahead an arbitrate or do discovery (also in Texas).

 There is no such thing as a motion for discovery.  Do you mean a motion asking the JP court's approval to begin discovery?

You need to choose between discovery or arbitration, you cannot do both.   

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4 hours ago, texasrocker said:

 There is no such thing as a motion for discovery.  Do you mean a motion asking the JP court's approval to begin discovery?

You need to choose between discovery or arbitration, you cannot do both.   

Yes, I meant motion asking for approval to begin discovery. I’m sorry I was confusing myself with the discovery and arbitration process. My court has a form for a civil answer and it states a general denial. I wasn’t sure if I should just use that or submit my own and request for arbitration then.

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