Arbitration Filing with AAA help with Violations

[ant12]

I have been helping my wife being sued in Texas small claims, by JDB. We won the MTC with help from the Attorney representing JDB, yay. Anyway, I have read the threads on filing and how too, and strategies. My problem, its been so long ago since they were calling I don't remember any violations in there calling. So should I go back through phone records? She has another JDB that I know has violations such as calling family and friends after told not too. But what should I be looking for to try find any violations for my AAA filing. I'm a little stuck here, as to having any legit violations. I know from the great "Cheese" I can amend this filing down the road but would like to be prepared. Any direction and help would be great. How much proof must I show to support these violations?

 

Thank You

Anthony

[texasrocker]

Not to change the subject but please elaborate on "We won the MTC with help from the Attorney representing JDB."  What exactly happened there?

[ant12]

The Arbitration clause #2 stated that "We will not require you to arbitrate  any individual case in small claims court or your states equivalent court.......... so the plaintiff attorney argued small claims exemption. I stated although the language is ambiguous at best #1 states "you or we" and that the language of #2 glaringly only says "We" so that leaves it open that "you" us the plaintiff can still file for arbitration. Judge was about to side and deny MTC, I could tell by look he gave me. And when I filled MTC I sent court paper stating we would use AAA, and I sent attorney paperwork which was my original which said JAMS. I decided to change after reading more here. But I didnt go back and change form I already had in envelope for attorney. So the attorney also argued as judge was about to rule, stating beside the paperwork we have states JAMS and the paperwork you have your honor states AAA ,,,so which is it. And your honor the the filing is asking for a dismissal. I spoke up and said we would be happy to use which arb company plaintiff wants, and your honor we asked for dismissal or stay until arb complete. The judge looked at plaintiff attorney and he said either is fine and if its stayed thats fine. Judge said motion granted.